Summit County Short-Term Rental Ordinances & Regulations
Recent STR Rule Changes

Image - Summit County Short-Term Rentals Rules & RegulationsThroughout 2020 and 2021, stakeholders across Summit County have discussed the lack of affordable housing in Summit County for local employees. Affordable housing in Summit County has incrementally increased each year as an issue for a while now. However, since the onset of Covid-19, affordable places to live in Summit County are extremely difficult to find. And, many local businesses believe the lack of housing is driving worker shortages. In the summer of 2021, Summit County governmental authorities expended significant time and effort to find solutions that might potentially ease the workforce housing crisis.  Stemming from these various meetings, governmental bodies across Summit County have either adopted or are considering adopting new regulations regarding short-term rental (“STR”) licenses.

Across Summit County, a short-term rental is generally defined to include any property that is rented for any period of time less than 30 consecutive days.  Rentals longer than 30 consecutive days in length are considered long-term rentals.  And, long-term rentals rentals are encouraged, because they help provide housing to local employees.  Therefore, no new restrictions are currently contemplated for rentals over 30 days.

Summit County Short-Term Rentals
Frequently Asked Questions

Which jurisdiction controls your Summit County Short-Term Rental license?

The towns of Blue River, Breckenridge, Dillon, Frisco and Silverthorne have narrowly defined geographical borders.  Their rules obviously apply only to properties falling within their specific boundaries.  A surprising number of properties nearby to Blue River, Breckenridge, Dillon, Frisco and Silverthorne are actually outside official town borders and are instead located in unincorporated portions of  Summit County.  As a result, it’s extremely important to understand which local governmental jurisdiction potentially controls an individual property.

If you’re unsure whether a property is located within a particular town or instead in unincorporated Summit County, there’s a quick way to figure it out.

  1. Go online to the Summit County GIS tool
  2. Accept the County disclaimer.
  3. Enter the property address.
  4. Once the property appears at the bottom of the page, the bottom-left-corner field will say “Jurisdiction”.  It will tell you if the property is subject to the short-term rental rules of a specific town (Blue River, Breckenridge, Dillon, Frisco and Silverthorne) or instead if it is in unincorporated Summit County.

Image - Summit County Short-Term Rentals Rules & Regulations

What are the rules for Short-Term Rental Licenses in Unincorporated Summit County?

Brief History of Summit County Short-Term Rental Regulations

A surprising number of properties nearby to Blue River, Breckenridge, Dillon, Frisco and Silverthorne are actually outside those official town borders.  Instead, they are located in unincorporated portions of Summit County (hereinafter, just “Summit County”). A few years ago, the Summit County Board of County Commissioners (“BoCC”) adopted regulations requiring Summit County short-term rental property owners to obtain STR licenses.  As part of those short-term rental ("STR") rules, the BoCC also adopted a Summit County Responsible Agent requirement.  The Responsible Agent is someone designated by the property owner in their Summit County STR license application to respond, on a 24/7 basis within 60 minutes, to complaints submitted by the public to a STR Complaint Hotline.

The BoCC also added the following short-term rental occupancy limits:

  • Single family, duplex and townhome units: a)  2 persons per bedroom plus 4 additional occupants; OR b) 1 person per 200 square feet of living area, whichever allows for a greater occupancy
  • Condominium units: Either (a) or (b) below, whichever allows for a greater occupancy
    • a) 2 persons per bedroom plus 4 additional occupants, or 2 persons per bedroom plus 2 additional occupants in buildings with interior egress components less than 44 inches wide and without a sprinkler system; OR
    • b) 1 person per 200 square feet of living area

When a condominium unit contains a County-approved lock-off room that meets the definition of a lock-off room set forth in Chapter 15 of the Development Code, the lock-off room shall be allowed a total of 4 occupants.

  • Units on OWTS: the maximum overnight occupancy of the unit shall be limited to the capacity established on the OWTS permit. OWTS systems in Summit County are typically designed to accommodate a maximum occupancy of 2 persons per bedroom.

New Summit County Short-Term Rental License Classes

In the fall of 2021, the BoCC conducted meetings to hear public comment and discuss solutions to the local housing crisis.  To better understand circumstances, Summit County also created a short-term rental survey in which 1325 people participated.  These meetings featured significant public opposition to restricting STR licenses.  Nonetheless, on September 14, 2021, the BoCC passed a temporary 90-day moratorium on new STR licenses in Summit County.  STR license renewals and conversions were unaffected.  It's also important to note that the BOCC’s 90-day moratorium in Summit County did not establish any type of a cap on total number of allowable STR licenses.  In addition, it wholly excluded the Keystone, Copper Mountain and Peak 8 resort areas.  The BOCC’s short-term license moratorium for Summit County took effect at 11:59 p.m. on Sept. 17, 2021 and thereafter ended on December 16, 2021.  During the temporary moratorium, the BoCC and County staff pledged to examine data with the aim of proposing narrow regulatory amendments that will prevent the continuing loss of long-term housing units.

On November 23, 2021, the BoCC conducted a first reading of proposed legislative amendments that would create overlay zones and licensing types for short-term rental properties located in Summit County.  Based on feedback from the community, Summit County staff presented a Powerpoint presentation, which contained proposals for new Summit County short-term rental license rules.  Looking more closely at the STR amendments, there are two new types of overlay zones for Summit County short-term rentals.

Resort Overlay Zone for Summit County STR Licenses

The Resort Overlay Zone will include all of Keystone, Copper Mountain, Tiger Run RV Resort, 4 O’clock Sub and Skiwatch.  Summit County staff reported to BoCC that there are areas across Summit  County, which have historically been used as and, to some extent, intended for short-term vacation rental occupancy in a resort context. These areas have amenities to support tourists and also have intense STR use.  As a result, STR complaints from the public are relatively low in these resort areas,  More specifically, although the preceding resort areas account for 65% of all STRs in Summit County, only 14% of all complaints to the STR Hotline came from resort areas.  Additionally, local ownership in these resort zones is relatively low; approximately 10% of the owners of the units in the Resort Overlay Zone have a mailing address in Summit County.  Overall, Summit County staff estimated that STRs account for approximately 41% of all housing units in the Resort Overlay Zone.

For short-term rental properties located in the Resort Overlay Zone, there will be only one type of short-term rental license, the Resort Short-Term Rental License.  Essentially, the original STR regulations will apply to the Resort Short-Term Rental License.  If a unit has a Resort Short-Term Rental License, there will be no limits on the number of nights that it can potentially be rented.  Additionally, the current occupancy limits will remain the same.  Those limits are generally the greater of: 1 person per 200 square feet of floor area; or 2 guests per bedroom plus 4.  Regarding these general occupancy standards, the existing exceptions in Section 5.1(f) of the STR Ordinance will still apply to properties on septic systems or to condominium complexes that contain egress components less than 44 inches wide and are without a sprinkler system.  If you have an existing active STR license as of December 16, 2021 and your property is located in the Resort Zone, your current license will be converted to a Resort Short-Term Rental License during renewal in September 2022.

Neighborhood Overlay Zone for Summit County STR Licenses

The Neighborhood Overlay Zone will encompass all other properties in unincorporated Summit County that are not in the Resort Overlay Zone.  Summit County staff reported to BoCC that these areas were not developed as resort neighborhoods. While some individual homes may have been designed or purchased with an intent towards STR use, the BoCC found that the neighborhoods themselves were not developed to support intense, hotel-like STR use with tourist amenities.  Additionally, incidences of complaints are relatively high when compared to the Resort Zone, demonstrating tension between traditional neighborhood uses and STRs.

For short-term rental properties located in the Neighborhood Overlay Zone, there will be three different license types:

  • Neighborhood Zone, Type I Short-Term Rental License:  This license type may only be obtained by a property owner who uses the property as their primary residence. A Type I License is for a property owner who rents a bedroom in their home throughout the year or rents their home as an entire unit when they go on vacation.  When the property owner is present and offering a bedroom for rent, there will be no limit on the number of nights that the bedroom may be rented annually. When the property owner is not present and chooses to rent the entire home, 60 nights per year will be the allowable limit.
  • Neighborhood Zone, Type II Short-Term Rental License: This license type is targeted toward second-homeowners who want to use their property and short-term rent it.  With that said, a Summit County local who uses the property as their primary residence but wishes to rent their entire home in excess of 60 nights, could apply for this license type.  A Type II License will allow owners to rent their property for up to 135 nights a year, while using it for themselves the rest of the year.  Summit County staff anticipates that the vast majority of STRs in the Neighborhood Zone would fall under this license type.  The County's proposal does not currently contemplate a limit on the total number of licenses that could potentially be issued under this license type.
  • Neighborhood Zone, Type III Short-Term Rental License: The County sees this license type as most appropriate for investment property STRs.  They are typically rented in excess of 135 nights per year, and the County sees them as more akin to commercial lodging businesses.  Owners, who want unlimited Summit County short-term rentals (or anything in excess of 135 nights per year), will first have to apply for a Conditional Use Permit ("CUP").  To obtain a CUP, the BoCC established the following minimum standards needed to obtaining approval"
    • To obtain a CUP, owners of single family homes must show the following:
      • Separation from occupied spaces of at least 100 feet separation, as measured between closest points, between all indoor/outdoor occupied spaces. Occupied spaces includes fire pits, hot tub, residences, but will not include sheds or detached garages; OR
      • The single family home must have an Accessory Dwelling Unit (ADU) in compliance with County code
      • If lot is smaller than 40,000 sq ft, it goes through the Conditional Use Permit Class 4 process, reviewed by the County Planning Commission. Occupancy is 2 persons per bedroom plus 2 total additional persons
      • If lot is bigger than 40,000 sq ft, it will go through the CUP class 2 process reviewed by County staff.  Occupancy is 2 per bedroom plus 2 but can apply for additional occupancy if it goes through the Class 4 review process
    • Multi-family properties must have all of the following:
      • Direct shuttle to ski area(s) or transit stop within 100’ from property
      • Substantial Recreation-Based Shared Amenities, 3 of the following: Pool, hot tub, sauna, tennis / pickle ball courts, game room, or other substantial amenity as approved by the Review Authority
      • A minimum of 100 units in the HOA
      • Occupancy maximum will be 2 guests per bedroom plus 2 persons

As of the time of this writing, the County does not maintain lists of local, multi-family properties that have been pre-determined to meet the preceding three requirements for shuttles, amenities and minimum number of units; instead, each applicant must produce corresponding proof regarding the three requisites while submitting a CUP for a multi-family property.  As an additional note, for multi-family properties, occupancy will be limited to 2 guests per bedroom plus 2 persons.

Presently, the Summit County STR CUP process usually takes 2-4 weeks (although that is always subject to change).  Once a Summit County property owner receives approval of their CUP application, they may then apply for and obtain a Type III short-term rental license.

December 2021 Adoption of new Summit County STR License Rules

On December 16, 2021, the BoCC conducted a second reading of its new short-term rental ordinance.  That date actually marked the last day in which the 90-day moratorium on Summit County short-term rental licenses would remain in effect.  The BoCC therefore had a deadline for acting on that day.  Summit County staff presented a lengthy STR Memo as well as a Powerpoint presentation, both containing data on Summit County short-term rentals.  After listening to several hours of public comment, the BoCC voted on and adopted the final version of its various short-term rental amendments.  The Peak 7 neighborhood was the most significant discussion topic of the afternoon.  Although the BoCC had initially designed Peak 7 as a Resort Zone at the first reading of the STR ordinance on November 23, it instead voted to classify that neighborhood as a Neighborhood Zone.  

If you are in the Neighborhood Zone and you have an active STR license or applied for a license before the new regulations were adopted on December 16, 2021, you will have until September 2025 to convert your current license to one of the preceding three new license types.  With that said, a STR property owner could also elect to convert during any renewal period prior to 2025.

If you are in the process of buying a new home in Summit County, you may begin the application for a short-term rental license (or, if needed, a CUP) before the property sale closes.  The only added requisite is for the current property owner to provide a letter stating they give permission for the buyers to apply for the STR license.

Last but not least, the BoCC adopted new fees for short-term rental licenses, which are as follows:

  • Neighborhood Zone, Type I STR License: $200
  • Neighborhood Zone, Type II STR License: $300
  • Neighborhood Zone, Type III STR License: $100 (does not include STR CUP fee - see below)
  • Resort Zone STR License: $250
  • Pre-existing STR License Renewal: $500

The filing fee for a STR CUP is $200 (above and beyond the STR license fee).  As noted above, an STR CUP will be required for all Type III STR licenses in the Residential Zone.

While the BoCC passed all of the above changes at its second reading on December 16, it did hold another meeting on December 20 at which which time the preceding short-term rental amendments were codified formally into the Land Use and Development Code.

What are the rules for Blue River Short-Term Rental Licenses?

Brief History of Blue River Short-Term Rental Regulations

The Town of Blue River previously adopted regulations requiring Blue River short-term rental property owners to obtain STR licenses.  The fee for a new  STR license is $200.  Thereafter, renewals are $150 per year.  The Town of Blue River currently maintains an occupancy limit of 2 persons per bedroom plus 2 total persons.

Blue River Short-Term Rental Discussions in Fall of 2021

The Board of Trustees (“BoT”) for Blue River had a brief discussion about STRs at its retreat in August 2021 and then again in September 2021.  As of September 2021, the BoT noted that 18% of properties in Blue River were licensed as STRs. 

The BoT conducted a work session on November 2021, where Town staff presented current data on Blue River short-term rentals.  The BoT plans to eventually determine an overall future plan for STRs.  However, there is no firm plan on the table at present.  Accordingly, whether Blue River decides to adopt any new regulations is currently an open question.

What are the rules for Breckenridge Short-Term Rental Licenses?

Brief History of Breckenridge Short-Term Rental Ordinances & Regulations

In the spring of 2017, the Town of Breckenridge passed an ordinance requiring Breckenridge short-term rental property owners to include their license numbers in advertising for units offered for rent for any period of timeless than 30 days. At that time, the initial purpose was to level the playing field and help town staff collect sales taxes more efficiently from short-term rental owners.

In August 2018, in an effort to address community complaints regarding short-term rentals, the Breckenridge Town Council unanimously passed a short-term rental ordinance with accompanying short-term rental regulations.  The 2018 ordinance and regulations created a new role, the Breckenridge Responsible Agent, which started on January 1, 2019.   A Breckenridge Responsible Agent is a person or company who agrees to be available twenty four hours per day and seven (7) days per week to respond – within 60 minutes – to any complaint submitted to the Town’s STR Complaint Hotline.  The 2018 ordinance and regulations also created a new annual administrative fee schedule for Breckenridge short-term rental licenses as well as a set of minimum health and safety standards for Breckenridge short-term rental properties.

On Sept. 24, 2019, the Town Council passed an occupancy limit for short-term rental units in Breckenridge.  The occupancy limit for all Breckenridge short-term rental units (except studios) was set at 2 persons per bedroom plus four 4 total additional persons. The occupancy limit for all Breckenridge short-term rental studio units was established as simply a total of 4 persons.  The Town Council also declared that the number of bedrooms in a short-term rental unit would be based on what’s listed in the Summit County Assessor’s records.

Breckenridge Short-Term Rental Cap – Fall of 2021

On September 28, 2021, after listening to several hours of additional public comment (much of it in opposition), the Town Council unanimously passed an ordinance capping Breckenridge short-term rental licenses for non-exempt properties.  As a brief review, regardless of whether it’s a timeshare, partial ownership or full ownership property, an “exempt” property is one that essentially operates in a hotel environment with 24-hour security and front desk.  The Town Council currently recognizes exempt properties in twelve Breckenridge subdivisions.  A “non-exempt” property is pretty much any other Breckenridge residential property.  The latest Breckenridge short-term rental ordinance went into effect on November 2, 2021.

As part of the new ordinance, the Breckenridge Town Council adopted a cap on new short-term rental licenses for non-exempt units at a maximum of 2200 licenses. As of October 19, 2021, the Town of Breckenridge then had 2282 non-exempt short-term rental licenses and 3718 exempt short-term rental licenses.  Between the date of this data (October 19, 2021) and the effective date of the ordinance (Nov. 2, 2021), it is reasonable to assume that the Town of Breckenridge received a significant number of additional short-term rental license applications.  While we’re unsure of the exact number of non-exempt STR licenses at this juncture, we do know the number of present Breckenridge STR licenses exceeds the cap maximum of 2200.  Accordingly, the STR license cap acts as a moratorium on new Breckenridge STR licenses, until numbers eventually shrink to 2200.  The Town intends to reduce existing Breckenridge STR licenses through attrition.  Accordingly, as owners sell their properties or decide not to renew their existing STR licenses, the license level will be reduced.  It’s uncertain how long it will take for the license level to be reduced to the 2200 level, but it’s unlikely to be just a matter of a few months.  Once the Town hits that target, it will issue licenses based on a Breckenridge short-term license waiting list.  When the Town eventually provides a wait-listed Breckenridge property owner with notification of eligibility, the property owner will have 5 days to apply for a STR license.

For units currently under construction, if a building permit was issued and in effect on September 14, 2021, owners may eventually apply for a STR license within 20 days of eventually receiving a certificate of occupancy.

What are the rules for Copper Mountain Short-Term Rental Licenses?

The entirety of the Copper Mountain area is part of unincorporated Summit County.  As a result, the controlling short-term rental ("STR") for Copper Mountain are those promulgated by the Summit County Board of County Commissioners (“BoCC”).

Brief History of Copper Mountain Short-Term Rental Regulations

A few years ago, the BOCC adopted regulations requiring Copper Mountain short-term rental property owners to obtain STR licenses.  At that time, the BoCC also adopted a Responsible Agent requirement that applied to Copper Mountain homes.  The Copper Mountain Responsible Agent is someone designated by the property owner in their Summit County STR license application to respond, on a 24/7 basis within 60 minutes, to complaints submitted by the public to a STR Complaint Hotline.

The BoCC also added the following Copper Mountain short-term rental occupancy limits:

  • Single family, duplex and townhome units: a)  2 persons per bedroom plus 4 additional occupants; OR b) 1 person per 200 square feet of living area, whichever allows for a greater occupancy
  • Condominium units: a) 2 persons per bedroom plus 4 additional occupants, or  2 persons per bedroom plus 2 additional occupants in buildings with interior egress components less than 44 inches wide and without a sprinkler system; OR b) 1 person per 200 square feet of living area, whichever allows for a greater occupancy. When a condominium unit contains a County-approved lock-off room that meets the definition of a lock-off room set forth in Chapter 15 of the Development Code, the lock-off room shall be allowed a total of 4 occupants
  • Units on OWTS: the maximum overnight occupancy of the unit shall be limited to the capacity established on the OWTS permit. OWTS systems in Summit County are typically designed to accommodate a maximum occupancy of 2 persons per bedroom.

New Copper Mountain Short-Term Rental License Class

In the fall of 2021, the BoCC conducted meetings to hear public comment and discuss solutions to the local housing crisis.  To better understand circumstances, Summit County  also created a short-term rental survey in which 1325 people participated.  These meetings featured significant public opposition to restricting STR licenses.  Based on feedback from the community as well as previous BoCC meetings, Summit County staff presented a Powerpoint presentation, with proposals for new Summit County short-term rental license rules.  There are two new types of overlay zones for short-term rentals in Summit County.  Copper Mountain was designated as a Resort Zone for short-term rental license purposes

Resort Overlay Zone for Copper Mountain STR Licenses

The Resort Overlay Zone will include all of Copper Mountain.  Summit County staff reported to BoCC that Copper Mountain is one of several Summit County areas, which have historically been used as and, to some extent, were intended for short-term vacation rental occupancy in a resort context.  Copper Mountain is an area with amenities to support tourists, and Copper Mountain also has intense STR use.  As a result, STR complaints from the public are relatively low in the various resort areas, making up just 14% of all complaints to the STR Hotline despite accounting for 65% of all STRs.  Additionally, local ownership in these zones is relatively low; approximately 10% of the owners of the units in the Resort Overlay Zone have a mailing address in Summit County.  Overall, Summit County staff estimated that STRs account for approximately 41% of all housing units in the Resort overlay zone.

For short-term rental properties located in the Copper Mountain Resort Overlay Zone, there will be only one type of short-term rental license, the Resort Short-Term Rental License.  The regulations as they currently exist will be applicable to the Resort Short-Term Rental License.  If a unit has a Resort Short-Term Rental License, there will be no limits on the number of nights that it can potentially be rented.  Additionally, the current Copper Mountain short-term rental occupancy limits will remain the same.  Those limits are generally the greater of: 1 person per 200 square feet of floor area; or 2 guests per bedroom plus 4.  Regarding these general occupancy standards, there are exceptions in Section 5.1(f) of the STR Ordinance for properties that are either on septic systems or condominium complexes that contain egress components less than 44 inches wide and without a sprinkler system.  If you have an existing active STR license as of December 16, 2021 and your property is located in Copper Mountain, your current Copper Mountain short-term rental license will be converted to a Resort Short-Term Rental License during renewal in September 2022.

December 2021 Adoption of new Summit County STR License Rules

On December 16, 2021, the BoCC conducted a second reading of its new short-term rental ordinance.  That date actually marked the last day in which the 90-day moratorium on Summit County short-term rental licenses would remain in effect.  The BoCC therefore had a deadline for acting on that day.  Summit County staff presented a lengthy STR Memo as well  as a Powerpoint presentation, both containing data on Summit County short-term rentals.  After listening to several hours of public comment, the BoCC voted on and adopted the final version of the above short-term rental amendments.  

Last but not least, the BoCC adopted new fees for short-term rental licenses.  The Resort Zone STR License fee will be $250.

While the BoCC passed all of the above changes at its second reading on December 16, it did hold another meeting on December 20 at which which time the preceding short-term rental amendments were codified formally into the Land Use and Development Code.

What are the rules for Dillon Short-Term Rental Licenses?

Brief History of Dillon Short-Term Rental Ordinance

In December 2018, the Town of Dillon passed its short-term rental ordinance into law adopted regulations requiring Dillon short-term rental property owners to obtain STR licenses.  On November 20, 2018, the Dillon Town Council conducted a second reading and passed its short-term rental ordinance into law.  The Dillon short-term rental ordinance requires a property owner to file a written application for a short-term rental license at least 30 days prior to any advertising.  Both the initial license application as well as the annual license renewal by June 1 of every year have a $50 fee.  As part of the short-term rental license application, the Town of Dillon requires each short-term rental owner to name a Responsible Agent.  The short-term rental ordinance defines a Dillon Responsible Agent as someone who is available, within 60 minutes, to respond to any issues arising from a short-term rental property.  The Town of Dillon is participating in a Hotline for receiving complaints regarding short-term rental properties.  The Dillon short-term rental application also requires a property owner to certify that their unit complies with all applicable laws and codes and that all smoke detectors, carbon monoxide detectors and fire extinguishers are installed and operable.

Dillon Short-Term Rental Rule Discussions in Fall of 2021

On September 21, 2021, the Dillon Town Council convened a meeting on workforce housing solutions, and it initially appeared the Council might pass an emergency 7-month moratorium on new Dillon STR licenses.   However, after extensive discussion and citing the need for additional research, the Dillon Town Council chose not to move forward with the emergency ordinance.  Instead, the Dillon Town Council decided to earmark additional time to the STR topic on a biweekly basis.  Over the upcoming months, the Dillon Town Council intends to dedicate at least an hour at each work session to workforce housing and STR conversations.  The Dillon Town Council noted the potential for STR license caps, STR occupancy limits, STR license fee increases as well as possibly asking voters for a new tax increase.  The Dillon Town Council also plans to facilitate community meetups for discussion on the issue to ensure that local residents and second home owners have ample opportunity to be heard.

On December 7, 2021, the Dillon Town Council conducted another work session regarding the potential for new limits on short-term rentals.  As part of that session, staff for the Town submitted a Work Session Memo that provided background on Town Council’s prior discussions as well as data collected regarding Dillon short-term rentals.  As part of the Memo, Dillon staff noted there were approximately 1,365 residential units in Dillon; of those, 357 currently possess active STR licenses.  That amounts to more than 26% of Dillon’s total housing stock.

On December 21,  2021, the Town Council conducted a work session where it discussed potential changes to the Dillon short-term rental rules.  As part of a Dillon Short-Term Rental Memo, Town staff made some suggestions to the Town Council on a potential direction forward.  And, the Town Council preliminarily indicated that it intended to move forward with implementation of the following proposed changes:

  • An increase of the annual short term rental license fee to $250 as a means of covering compliance costs, like complaint hotline and staff time
  • Occupancy limits for each Dillon Short-Term Rental property of 2 people per bedroom plus 2 total persons overall
  • Institute interest and penalties on short term rental license fees of $20 per and 1% per day for a 30-day period.  After that period has elapsed, the STR license would be revoked for a period of one year.
  • Parking requirements of at least 1 parking space per short-term rental property. Staff will further evaluate an annual impact fee for parking spaces, which are not provided by either the STR owner or in their complex parking lot.

There is potential for the preceding to change, because the draft text of a final STR ordinance has not yet been presented.  As part of the December 21 work session, the Town Council also stated that, while it does consider eventually raising the excise tax for short-term rentals to be reasonable, it will not be seeking to add a new STR tax question to the April 2022 ballot.

What are the rules for Dillon Valley Short-term Rental Licenses?

The entirety of the Dillon Valley area is part of unincorporated Summit County. As a result, the controlling short-term rental ("STR") rules for Dillon Valley are those promulgated by the Summit County Board of County Commissioners (“BoCC”).

Brief History of Dillon Valley Short-Term Rental Regulations

A few years ago, the BOCC adopted regulations requiring Dillon Valley short-term rental property owners to obtain STR licenses.  At that time, the BoCC also adopted a Responsible Agent requirement that applied to Dillon Valley homes.  The Dillon Valley Responsible Agent is someone designated by the property owner in their Dillon Valley STR license application to respond, on a 24/7 basis within 60 minutes, to complaints submitted by the public to a STR Complaint Hotline.

The BoCC also added the following Dillon Valley short-term rental occupancy limits:

  • Single family, duplex and townhome units: a)  2 persons per bedroom plus 4 additional occupants; OR b) 1 person per 200 square feet of living area, whichever allows for a greater occupancy
  • Condominium units: Either (a) or (b) below, whichever allows for a greater occupancy
    • a) 2 persons per bedroom plus 4 additional occupants, or 2 persons per bedroom plus 2 additional occupants in buildings with interior egress components less than 44 inches wide and without a sprinkler system; OR
    • b) 1 person per 200 square feet of living area

When a Dillon Valley condominium unit contains a County-approved lock-off room that meets the definition of a lock-off room set forth in Chapter 15 of the Development Code, the lock-off room shall be allowed a total of 4 occupants.

  • Units on OWTS: the maximum overnight occupancy of the unit shall be limited to the capacity established on the OWTS permit. OWTS systems in Dillon Valley are typically designed to accommodate a maximum occupancy of 2 persons per bedroom.

New Dillon Valley Short-Term Rental License Classes

In the fall of 2021, the BoCC also conducted meetings to hear public comment and discuss solutions to the local housing crisis.  To better understand circumstances, Summit County also created a short-term rental survey in which 1325 people participated. On November 23, 2021, the BoCC conducted a first reading of proposed legislative amendments that would create overlay zones and licensing types for Dillon Valley short-term rental properties.  Based on feedback from the community as well as previous BoCC meetings, Summit County staff presented a Powerpoint presentation, with proposals for new Dillon Valley short-term rental license rules.  Looking more closely at the proposed amendments, there will be two new types of overlay zones for short-term rentals in Summit County.  The BOCC designated a Resort Overlay Zone that would include the following specific areas: all of Keystone, Copper Mountain, Tiger Run RV Resort, 4 O’clock Sub and Skiwatch.

Neighborhood Overlay Zone for Dillon Valley Short-Term Rental Licenses

And, the BOCC created a Neighborhood Overlay Zone to encompass all other properties in unincorporated Summit County that are not located in the preceding Resort Overlay Zone.  Accordingly, Dillon Valley falls into the Neighborhood Overlay Zone.  Summit County staff reported to BoCC that Dillon Valley is one the areas in Summit County, which was not developed with a specific intent to be a resort neighborhood.  There's no question that many individual Dillon Valley homes may have been designed or purchased with an intent towards STR use.  Likewise, many Dillon Valley properties also generate fantastic short-term rental income. On the whole though, the BoCC found that the Dillon Valley subdivision itself was not originally developed to support intense, hotel-like STR use with tourist amenities.  Additionally, incidences of complaints were relatively high in some parts of Summit County, like Dillon Valley, when compared to a Resort Zone.  The County believed the additional complaints demonstrated occasional tension between traditional neighborhood uses and STRs.

For Dillon Valley short-term rental properties located in the Neighborhood Overlay Zone, there will be three different license types:

  • Neighborhood Zone, Type I Short-Term Rental License:  This license type may only be obtained by a Dillon Valley property owner who uses the property as their primary residence. A Type I License is for a Dillon Valley property owner who rents a bedroom in their home throughout the year or rents their home as an entire unit when they go on vacation.  When the Dillon Valley property owner is present and offering a bedroom for rent, there will be no limit on the number of nights that the bedroom may be rented annually. When the Dillon Valley property owner is not present and chooses to rent the entire home, 60 nights per year will be the allowable limit.
  • Neighborhood Zone, Type II Short-Term Rental License: This license type is targeted toward second-homeowners who want to use their Dillon Valley  property and short-term rent it.  With that said, a Dillon Valley local who uses the property as their primary residence but wishes to rent their entire home in excess of 60 nights, could apply for this license type.  A Type II License will allow owners to rent their Dillon Valley property for up to 135 nights a year, while using it for themselves the rest of the year.  Summit County staff anticipates that the vast majority of STRs in the Neighborhood Zone would fall under this license type.  The County's proposal does not currently contemplate a limit on the total number of Type II short-term rental licenses that could potentially be issued.
  • Neighborhood Zone, Type III Short-Term Rental License: The County sees this license type as most appropriate for investment property STRs.  They are typically rented in excess of 135 nights per year, and the County sees them as more akin to commercial lodging businesses.  Dillon Valley property owners, who want unlimited short-term rentals (or anything in excess of 135 nights per year), will first have to apply for a Conditional Use Permit ("CUP").  To obtain a CUP, the BoCC established the following minimum standards needed to obtaining approval"
    • To obtain a CUP, owners of single family homes must show the following:
      • Separation from occupied spaces of at least 100 feet separation, as measured between closest points, between all indoor/outdoor occupied spaces. Occupied spaces includes fire pits, hot tub, residences, but will not include sheds or detached garages; OR
      • The single family home must have an Accessory Dwelling Unit (ADU) in compliance with County code
      • If lot is smaller than 40,000 sq ft, it goes through the Conditional Use Permit Class 4 process, reviewed by the County Planning Commission. Occupancy is 2 persons per bedroom plus 2 total additional persons
      • If lot is bigger than 40,000 sq ft, it will go through the CUP class 2 process reviewed by County staff.  Occupancy is 2 per bedroom plus 2 but can apply for additional occupancy if it goes through the Class 4 review process
    • To obtain a CUP, multi-family properties must have all of the following:
      • Direct shuttle to ski area(s) or transit stop within 100’ from property
      • Substantial Recreation-Based Shared Amenities, 3 of the following: Pool, hot tub, sauna, tennis / pickle ball courts, game room, or other substantial amenity as approved by the Review Authority
      • A minimum of 100 units in the HOA
      • Occupancy maximum will be 2 guests per bedroom plus 2 persons

As of the time of this writing, the County does not maintain lists of local, multi-family properties in Dillon Valley that have been pre-determined to meet the preceding three requirements for shuttles, amenities and minimum number of units; instead, each applicant must produce corresponding proof regarding the three requisites while submitting a CUP for a multi-family property.  As an additional note, for multi-family properties, occupancy will be limited to 2 guests per bedroom plus 2 persons.

Presently, the Dillon Valley STR CUP process usually takes 2-4 weeks (although that is always subject to change).  Once a Dillon Valley property owner receives approval of their CUP application, they may then apply for and obtain a Type III short-term rental license.

December 2021 Adoption of new Dillon Valley STR License Rules

On December 16, 2021, the BoCC conducted a second reading of its new short-term rental ordinance.  That date actually marked the last day in which the 90-day moratorium on Dillon Valley short-term rental licenses was  in effect.  The BoCC therefore had a deadline for acting on that day.  Summit County staff presented a lengthy STR Memo as well as a Powerpoint presentation, both containing data on Summit County short-term rentals.  After listening to several hours of public comment, the BoCC voted on and adopted the final version of its various short-term rental amendments, which included the Dillon Valley short-term rental rules set forth above.

If you are in the Neighborhood Zone and you have an active Dillon Valley STR license or applied for a license before the new regulations were adopted on December 16, 2021, you will have until September 2025 to convert your current license to one of the preceding three new STR license types.  With that said, a Dillon Valley STR property owner could also elect to convert during any renewal period prior to 2025.

If you are in the process of buying a new Dillon Valley property, you may begin the application for a Dillon Valley short-term rental license (or, if needed, a CUP) before the property sale closes.  The only added requisite is for the current property owner to provide a letter stating they give permission for the buyer to apply for the future Dillon Valley STR license.

Last but not least, the BoCC adopted new fees for Dillon Valley short-term rental licenses, which are as follows:

  • Neighborhood Zone, Type I STR License: $200
  • Neighborhood Zone, Type II STR License: $300
  • Neighborhood Zone, Type III STR License: $100 (does not include STR CUP fee - see below)
  • Resort Zone STR License: $250
  • Pre-existing STR License Renewal: $500

The filing fee for a Dillon Valley STR CUP is $200 (above and beyond the STR license fee).  As noted above, an STR CUP will be required for all Type III STR licenses in the Residential Zone.

While the BoCC passed all of the above changes at its second reading on December 16, it did hold another meeting on December 20 at which which time the preceding Dillon Valley short-term rental amendments were codified formally into the Land Use and Development Code.

What are the rules for Frisco Short-Term Rental Licenses?

Brief History of Frisco Short-Term Rental Ordinance

In November 2018, the Frisco Town Council engaged in a first reading of an original draft of the ordinance but decided to temporarily table it so that staff could work out a couple of issues, including occupancy limits.  After a few modifications to the language, the Town Council voted on December 11, 2018 to approve the first reading of its Frisco Short-Term Rental Ordinance.  As part of the ordinance, the Town of  Frisco required Frisco short-term rental property owners to obtain STR licenses before leasing or advertising their short-term rental units.

Frisco short-term rental License fees are currently $250 per year.  The Town of Frisco requires short-term rental owners to designate a Responsible Agent, who is available 24 hours per day and 7 days per week to respond to and resolve complaints.   The Town of Frisco also set short-term rental occupancy limits of 2 persons per bedroom plus 4 additional total occupants.  As part of the short-term rental application process, Frisco also requires submission of a motor vehicle parking plan and an affidavit confirming basic life safety requisites have been met.  On its website, the Town provides a nice summary of its short-term rental regulations.

Frisco Short-Term Rental Discussions in Fall of 2021

At a work session on November 30, 2021, the Frisco Town Council discussed potential solutions to alleviate community workforce housing shortages.  Here is a YouTube link to the start of their short-term rental discussion.  As outlined in a Staff Memo, the Frisco Town Council considered the possibilities of a short-term rental excise tax, a regulatory fee on a per-bedroom basis for Frisco short-term rental licenses, caps on the total number of short-term rental licenses and/or a moratorium on new short-term rental licenses.

At prior meetings on September 14 and 28, 2021, the Town Council discussed the possibility of moving forward with the possibility of imposing an excise tax on Frisco short-term rentals.  At the Nov. 30 work session, this was the predominant discussion topic.  More specifically, the Town Council dedicated most its discussion to the exact fee percentage of a potential Frisco STR excise tax.  At one of the September meetings, the Town Council had tentatively examined the possibility of a 7.5% excise tax.  There is already a sales and lodging tax of of 10.725% that is applied to Frisco short-term rental visits.  A proposed additional 7.5% tax would thereby bring the total tax on short-term rental stays to 18.275%.  In its Memo, Frisco staff also compared the total excise tax in Frisco to other nearby communities:

  • Frisco 10.725%
  • Breckenridge 12.275%
  • Silverthorne 10.375%
  • Dillon 10.875%
  • Vail 9.80% (plus additional 0.5% passed Nov 2021 = 10.3% total)
  • Avon 12.4% (plus additional 2.0% passed Nov 2021 = 14.4% total)
  • Crested Butte 18.4% (plus additional 2.5% passed Nov 2021 = 20.9% total)

At the work session, no firm decision was reached, but it seems like the Town Council will eventually propose a new Frisco short-term rental tax somewhere between 5 and 7.5%.  Imposition of this tax would require a public vote at the April 5, 2022 election. In order to place this item on the ballot, the second reading of an eventual ordinance and a resolution referring a ballot measure must be completed by January 31, 2022.  That means meaning that the first reading should be on January 11, 2022 Town Council agenda, and we should see a final decision by then.

Regarding the possibility of a moratorium on the issuance of new short-term rental licenses, Frisco staff noted that a temporary moratorium on STR licenses could facilitate continued progress on converting their STR licensing software to a new provider.  However, unless Town Council directs staff to draft significant changes to the STR program, Frisco staff did not recommend at the work session that Council impose a moratorium.  Regarding the possibility of instituting a cap on the total number of Frisco short-term rental licenses, Frisco staff recommended to Town Council that it should create a cap at a level of 25% of the residential properties in Frisco.  25% would be equivalent to approximately 900 STR licenses.  The Town of Frisco currently has 698 short-term rental licenses.  So, that cap would be 200 more than currently exist, yet still lower than the proportions of STR properties in Breckenridge and other resort communities.  Town Council members seemed to favor a cap in that range and asked staff to provide more information for a future meeting.

The last item for consideration was the possible future imposition of new short-term rental license fees on a per-bedroom basis.  Local communities are also considering imposing regulatory fees that would be imposed on individual STR licenses. These fees would be used to defray the costs of Town housing policies and programs, address secondary impacts of the short-term rental industry on the community and STR program administration and enforcement. As this is a fee intended to defray the costs of a program, Frisco staff stated that imposition of any fee would first require completion of a study to calculate the cost of those impacts.  Without such a study, Frisco staff opined it would be difficult to set a reasonable fee to be imposed for individual properties.

What are the rules for Keystone Short-Term Rental Licenses?

The entirety of the Keystone area is part of unincorporated Summit County.  As a result, the controlling short-term rental ("STR") for Keystone are those promulgated by the Summit County Board of County Commissioners (“BoCC”).  

Brief History of Keystone Short-Term Rental Regulations

A few years ago, the BOCC adopted regulations requiring Keystone short-term rental property owners to obtain STR licenses.  At that time, the BoCC also adopted a Responsible Agent requirement that applied to Keystone homes.  The Keystone Responsible Agent is someone designated by the property owner in their Summit County STR license application to respond, on a 24/7 basis within 60 minutes, to complaints submitted by the public to a STR Complaint Hotline.

The BoCC also added the following Keystone short-term rental occupancy limits:

  • Single family, duplex and townhome units: a)  2 persons per bedroom plus 4 additional occupants; OR b) 1 person per 200 square feet of living area, whichever allows for a greater occupancy
  • Condominium units: a) 2 persons per bedroom plus 4 additional occupants, or  2 persons per bedroom plus 2 additional occupants in buildings with interior egress components less than 44 inches wide and without a sprinkler system; OR b) 1 person per 200 square feet of living area, whichever allows for a greater occupancy. When a condominium unit contains a County-approved lock-off room that meets the definition of a lock-off room set forth in Chapter 15 of the Development Code, the lock-off room shall be allowed a total of 4 occupants
  • Units on OWTS: the maximum overnight occupancy of the unit shall be limited to the capacity established on the OWTS permit. OWTS systems in Summit County are typically designed to accommodate a maximum occupancy of 2 persons per bedroom.

New Keystone Short-Term Rental License Class

In the fall of 2021, the BoCC conducted meetings to hear public comment and discuss solutions to the local housing crisis.  To better understand circumstances, Summit County  also created a short-term rental survey in which 1325 people participated.  These meetings featured significant public opposition to restricting STR licenses.  Based on feedback from the community as well as previous BoCC meetings, Summit County staff presented a Powerpoint presentation, with proposals for new Summit County short-term rental license rules.  There are two new types of overlay zones for short-term rentals in Summit County.  Keystone was designated as a Resort Zone for short-term rental license purposes

Resort Overlay Zone for Keystone STR Licenses

The Resort Overlay Zone will include all of Keystone.  Summit County staff reported to BoCC that Keystone is one of several Summit County areas, which have historically been used as and, to some extent, were intended for short-term vacation rental occupancy in a resort context.  Keystone is an area with amenities to support tourists, and Keystone also has intense STR use.  As a result, STR complaints from the public are relatively low in the various resort areas, making up just 14% of all complaints to the STR Hotline despite accounting for 65% of all STRs.  Additionally, local ownership in these zones is relatively low; approximately 10% of the owners of the units in the Resort Overlay Zone have a mailing address in Summit County.  Overall, Summit County staff estimated that STRs account for approximately 41% of all housing units in the Resort overlay zone.

For short-term rental properties located in the Keystone Resort Overlay Zone, there will be only one type of short-term rental license, the Resort Short-Term Rental License.  The regulations as they currently exist will be applicable to the Resort Short-Term Rental License.  If a unit has a Resort Short-Term Rental License, there will be no limits on the number of nights that it can potentially be rented.  Additionally, the current Keystone short-term rental occupancy limits will remain the same.  Those limits are generally the greater of: 1 person per 200 square feet of floor area; or 2 guests per bedroom plus 4.  Regarding these general occupancy standards, there are exceptions in Section 5.1(f) of the STR Ordinance for properties that are either on septic systems or condominium complexes that contain egress components less than 44 inches wide and without a sprinkler system.  If you have an existing active STR license as of December 16, 2021 and your property is located in Keystone, your current Keystone short-term rental license will be converted to a Resort Short-Term Rental License during renewal in September 2022.

December 2021 Adoption of new Summit County STR License Rules

On December 16, 2021, the BoCC conducted a second reading of its new short-term rental ordinance.  That date actually marked the last day in which the 90-day moratorium on Summit County short-term rental licenses would remain in effect.  The BoCC therefore had a deadline for acting on that day.  Summit County staff presented a lengthy STR Memo as well  as a Powerpoint presentation, both containing data on Summit County short-term rentals.  After listening to several hours of public comment, the BoCC voted on and adopted the final version of the above short-term rental amendments.  

Last but not least, the BoCC adopted new fees for short-term rental licenses.  The Resort Zone STR License fee will be $250.

While the BoCC passed all of the above changes at its second reading on December 16, it did hold another meeting on December 20 at which which time the preceding short-term rental amendments were codified formally into the Land Use and Development Code.

What are the rules for Mesa Cortina Short-Term Rental Licenses?

The entirety of the Mesa Cortina area is part of unincorporated Summit County. As a result, the controlling short-term rental ("STR") rules for Mesa Cortina are those promulgated by the Summit County Board of County Commissioners (“BoCC”).
<h4>Brief History of Mesa Cortina Short-Term Rental Regulations</h4>
A few years ago, the BOCC <a href="https://www.summitcountyco.gov/1221/Short-Term-Rentals">adopted regulations requiring Mesa Cortina short-term rental property owners to obtain STR licenses</a>.  At that time, the BoCC also adopted a Responsible Agent requirement that applied to Mesa Cortina homes.  The Mesa Cortina Responsible Agent is someone designated by the property owner in their Mesa Cortina STR license application to respond, on a 24/7 basis within 60 minutes, to complaints submitted by the public to a STR Complaint Hotline.

The BoCC also added the following Mesa Cortina short-term rental occupancy limits:
<ul>
<li><span style="text-decoration: underline;">Single family, duplex and townhome units</span>: a)  2 persons per bedroom plus 4 additional occupants; OR b) 1 person per 200 square feet of living area, whichever allows for a greater occupancy</li>
<li><span style="text-decoration: underline;">Condominium units</span>: Either (a) or (b) below, whichever allows for a greater occupancy
<ul>
<li>a) 2 persons per bedroom plus 4 additional occupants, or 2 persons per bedroom plus 2 additional occupants in buildings with interior egress components less than 44 inches wide and without a sprinkler system; OR</li>
<li>b) 1 person per 200 square feet of living area</li>
</ul>
</li>
</ul>
<p style="padding-left: 40px;">When a Mesa Cortina condominium unit contains a County-approved lock-off room that meets the definition of a lock-off room set forth in Chapter 15 of the Development Code, the lock-off room shall be allowed a total of 4 occupants.</p>

<ul>
<li><span style="text-decoration: underline;">Units on OWTS</span>: the maximum overnight occupancy of the unit shall be limited to the capacity established on the OWTS permit. OWTS systems in Mesa Cortina are typically designed to accommodate a maximum occupancy of 2 persons per bedroom.</li>
</ul>
<h4>New Mesa Cortina Short-Term Rental License Classes</h4>
In the fall of 2021, the BoCC also conducted meetings to hear public comment and discuss solutions to the local housing crisis.  To better understand circumstances, Summit County also created a <a href="https://summitcounty.civilspace.io/en/projects/summit-county-housing/engagement_reports/2">short-term rental survey</a> in which 1325 people participated. On November 23, 2021, the BoCC conducted a first reading of proposed legislative amendments that would create <a href="https://www.summitcountyco.gov/AgendaCenter/ViewFile/Agenda/_11232021-1491">overlay zones and licensing types for Mesa Cortina short-term rental properties</a>.  Based on feedback from the community as well as previous BoCC meetings, Summit County staff presented a <a href="https://www.summitcountyco.gov/DocumentCenter/View/33967/Presentation-BOCC-PM-11-23-2021">Powerpoint presentation</a>, with proposals for new Mesa Cortina short-term rental license rules.  Looking more closely at the proposed amendments, there will be two new types of overlay zones for short-term rentals in Summit County.  The BOCC designated a <a href="https://www.summitcountyco.gov/DocumentCenter/View/34090/Resort-Overlay-Zone?bidId=">Resort Overlay Zone</a> that would include the following specific areas: all of Keystone, Copper Mountain, Tiger Run RV Resort, 4 O’clock Sub and Skiwatch.
<h5>Neighborhood Overlay Zone for Mesa Cortina Short-Term Rental Licenses</h5>
And, the BOCC created a Neighborhood Overlay Zone to encompass all other properties in unincorporated Summit County that are not located in the preceding Resort Overlay Zone.  Accordingly, Mesa Cortina falls into the Neighborhood Overlay Zone.  <a href="https://www.summitcountyco.gov/AgendaCenter/ViewFile/Item/1672?fileID=6651">Summit County staff reported to BoCC</a> that Mesa Cortina is one the areas in Summit County, which was not developed with a specific intent to be a resort neighborhood.  There's no question that many individual Mesa Cortina homes may have been designed or purchased with an intent towards STR use.  Likewise, many Mesa Cortina properties also generate fantastic short-term rental income. On the whole though, the BoCC found that the Mesa Cortina subdivision itself was not originally developed to support intense, hotel-like STR use with tourist amenities.  Additionally, incidences of complaints were relatively high in some parts of Summit County, like Mesa Cortina, when compared to a Resort Zone.  The County believed the additional complaints demonstrated occasional tension between traditional neighborhood uses and STRs.

For Mesa Cortina short-term rental properties located in the Neighborhood Overlay Zone, there will be three different license types:
<ul>
<li><strong><span style="text-decoration: underline;">Neighborhood Zone, Type I Short-Term Rental License</span></strong>:  This license type may only be obtained by a Mesa Cortina property owner who uses the property as their primary residence. A Type I License is for a Mesa Cortina property owner who rents a bedroom in their home throughout the year or rents their home as an entire unit when they go on vacation.  When the Mesa Cortina property owner is present and offering a bedroom for rent, there will be no limit on the number of nights that the bedroom may be rented annually. When the Mesa Cortina property owner is not present and chooses to rent the entire home, 60 nights per year will be the allowable limit.</li>
<li><strong><span style="text-decoration: underline;">Neighborhood Zone, Type II Short-Term Rental License</span></strong>: This license type is targeted toward second-homeowners who want to use their Mesa Cortina  property and short-term rent it.  With that said, a Mesa Cortina local who uses the property as their primary residence but wishes to rent their entire home in excess of 60 nights, could apply for this license type.  A Type II License will allow owners to rent their Mesa Cortina property for up to 135 nights a year, while using it for themselves the rest of the year.  Summit County staff anticipates that the vast majority of STRs in the Neighborhood Zone would fall under this license type.  The County's proposal does not currently contemplate a limit on the total number of Type II short-term rental licenses that could potentially be issued.</li>
<li><strong><span style="text-decoration: underline;">Neighborhood Zone, Type III Short-Term Rental License</span></strong>: The County sees this license type as most appropriate for investment property STRs.  They are typically rented in excess of 135 nights per year, and the County sees them as more akin to commercial lodging businesses.  Mesa Cortina property owners, who want unlimited short-term rentals (or anything in excess of 135 nights per year), will first have to apply for a Conditional Use Permit ("CUP").  To obtain a CUP, the BoCC established the following minimum standards needed to obtaining approval"
<ul>
<li>To obtain a CUP, owners of single family homes must show the following:
<ul>
<li>Separation from occupied spaces of at least 100 feet separation, as measured between closest points, between all indoor/outdoor occupied spaces. Occupied spaces includes fire pits, hot tub, residences, but will not include sheds or detached garages; <strong>OR</strong></li>
<li>The single family home must have an Accessory Dwelling Unit (ADU) in compliance with County code</li>
<li>If lot is smaller than 40,000 sq ft, it goes through the Conditional Use Permit Class 4 process, reviewed by the County Planning Commission. Occupancy is 2 persons per bedroom plus 2 total additional persons</li>
<li>If lot is bigger than 40,000 sq ft, it will go through the CUP class 2 process reviewed by County staff.  Occupancy is 2 per bedroom plus 2 but can apply for additional occupancy if it goes through the Class 4 review process</li>
</ul>
</li>
<li>To obtain a CUP, multi-family properties must have <em>all</em> of the following:
<ul>
<li>Direct shuttle to ski area(s) or transit stop within 100’ from property</li>
<li>Substantial Recreation-Based Shared Amenities, 3 of the following: Pool, hot tub, sauna, tennis / pickle ball courts, game room, or other substantial amenity as approved by the Review Authority</li>
<li>A minimum of 100 units in the HOA</li>
<li>Occupancy maximum will be 2 guests per bedroom plus 2 persons</li>
</ul>
</li>
</ul>
</li>
</ul>
<p style="padding-left: 120px;">As of the time of this writing, the County does not maintain lists of local, multi-family properties in Mesa Cortina that have been pre-determined to meet the preceding three requirements for shuttles, amenities and minimum number of units; instead, each applicant must produce corresponding proof regarding the three requisites while submitting a CUP for a multi-family property.  As an additional note, for multi-family properties, occupancy will be limited to 2 guests per bedroom plus 2 persons.</p>
Presently, the Mesa Cortina STR CUP process usually takes 2-4 weeks (although that is always subject to change).  Once a Mesa Cortina property owner receives approval of their CUP application, they may then apply for and obtain a Type III short-term rental license.
<h5>December 2021 Adoption of new Mesa Cortina STR License Rules</h5>
On December 16, 2021, the BoCC conducted a second reading of its new short-term rental ordinance.  That date actually marked the last day in which the 90-day moratorium on Mesa Cortina short-term rental licenses was  in effect.  The BoCC therefore had a deadline for acting on that day.  Summit County staff presented a lengthy <a href="https://www.summitcountyco.gov/DocumentCenter/View/34114/Combined-BOCC-materials-for-12162021-meeting">STR Memo</a> as well as a <a href="https://www.summitcountyco.gov/DocumentCenter/View/34122/Presentation-BOCC_2nd-Reading_12-15-2021">Powerpoint presentation</a>, both containing data on Summit County short-term rentals.  After listening to several hours of public comment, the BoCC voted on and adopted the final version of its various short-term rental amendments, which included the Mesa Cortina short-term rental rules set forth above.

If you are in the Neighborhood Zone and you have an active Mesa Cortina STR license or applied for a license before the new regulations were adopted on December 16, 2021, you will have until September 2025 to convert your current license to one of the preceding three new STR license types.  With that said, a Mesa Cortina STR property owner could also elect to convert during any renewal period prior to 2025.

If you are in the process of buying a new Mesa Cortina property, you may begin the application for a Mesa Cortina short-term rental license (or, if needed, a CUP) before the property sale closes.  The only added requisite is for the current property owner to provide a letter stating they give permission for the buyer to apply for the future Mesa Cortina STR license.

Last but not least, the BoCC adopted new fees for Mesa Cortina short-term rental licenses, which are as follows:
<ul>
<li>Neighborhood Zone, Type I STR License: $200</li>
<li>Neighborhood Zone, Type II STR License: $300</li>
<li>Neighborhood Zone, Type III STR License: $100 (does not include STR CUP fee - see below)</li>
<li>Resort Zone STR License: $250</li>
<li>Pre-existing STR License Renewal: $500</li>
</ul>
The filing fee for a Mesa Cortina STR CUP is $200 (above and beyond the STR license fee).  As noted above, an STR CUP will be required for all Type III STR licenses in the Residential Zone.

While the BoCC passed all of the above changes at its second reading on December 16, it did <a href="https://www.summitdaily.com/news/local/new-short-term-rental-regulations-put-into-place-after-final-vote-by-summit-board-of-county-commissioners/">hold another meeting on December 20</a> at which which time the preceding <a href="https://www.summitcountyco.gov/DocumentCenter/View/23986/STR-Regulations?bidId">Mesa Cortina short-term rental amendments were codified</a> formally into the Land Use and Development Code.

What are the rules for Peak 7 Short-Term Rental Licenses?

The entirety of the Peak 7 area is part of unincorporated Summit County. As a result, the controlling short-term rental ("STR") rules for Peak 7 are those promulgated by the Summit County Board of County Commissioners (“BoCC”).

Brief History of Peak 7 Short-Term Rental Regulations

A few years ago, the BOCC adopted regulations requiring Peak 7 short-term rental property owners to obtain STR licenses.  At that time, the BoCC also adopted a Responsible Agent requirement that applied to Peak 7 homes.  The Peak 7 Responsible Agent is someone designated by the property owner in their Peak 7 STR license application to respond, on a 24/7 basis within 60 minutes, to complaints submitted by the public to a STR Complaint Hotline.

The BoCC also added the following Peak 7 short-term rental occupancy limits:

  • Single family, duplex and townhome units: a)  2 persons per bedroom plus 4 additional occupants; OR b) 1 person per 200 square feet of living area, whichever allows for a greater occupancy
  • Condominium units: Either (a) or (b) below, whichever allows for a greater occupancy
    • a) 2 persons per bedroom plus 4 additional occupants, or 2 persons per bedroom plus 2 additional occupants in buildings with interior egress components less than 44 inches wide and without a sprinkler system; OR
    • b) 1 person per 200 square feet of living area

When a Peak 7 condominium unit contains a County-approved lock-off room that meets the definition of a lock-off room set forth in Chapter 15 of the Development Code, the lock-off room shall be allowed a total of 4 occupants.

  • Units on OWTS: the maximum overnight occupancy of the unit shall be limited to the capacity established on the OWTS permit. OWTS systems in Peak 7 are typically designed to accommodate a maximum occupancy of 2 persons per bedroom.

New Peak 7 Short-Term Rental License Classes

In the fall of 2021, the BoCC also conducted meetings to hear public comment and discuss solutions to the local housing crisis.  To better understand circumstances, Summit County also created a short-term rental survey in which 1325 people participated. On November 23, 2021, the BoCC conducted a first reading of proposed legislative amendments that would create overlay zones and licensing types for Peak 7 short-term rental properties.  Based on feedback from the community as well as previous BoCC meetings, Summit County staff presented a Powerpoint presentation, with proposals for new Peak 7 short-term rental license rules.  Looking more closely at the proposed amendments, there will be two new types of overlay zones for short-term rentals in Summit County.  The BOCC designated a Resort Overlay Zone that would include the following specific areas: all of Keystone, Copper Mountain, Tiger Run RV Resort, 4 O’clock Sub and Skiwatch.

Neighborhood Overlay Zone for Peak 7 Short-Term Rental Licenses

And, the BOCC created a Neighborhood Overlay Zone to encompass all other properties in unincorporated Summit County that are not located in the preceding Resort Overlay Zone.  Accordingly, Peak 7 falls into the Neighborhood Overlay Zone.  Summit County staff reported to BoCC that Peak 7 is one the areas in Summit County, which was not developed with a specific intent to be a resort neighborhood.  There's no question that many individual Peak 7 homes may have been designed or purchased with an intent towards STR use.  Likewise, many Peak 7 properties also generate fantastic short-term rental income. On the whole though, the BoCC found that the Peak 7 subdivision itself was not originally developed to support intense, hotel-like STR use with tourist amenities.  Additionally, incidences of complaints were relatively high in some parts of Summit County, like Peak 7, when compared to a Resort Zone.  The County believed the additional complaints demonstrated occasional tension between traditional neighborhood uses and STRs.

For Peak 7 short-term rental properties located in the Neighborhood Overlay Zone, there will be three different license types:

  • Neighborhood Zone, Type I Short-Term Rental License:  This license type may only be obtained by a Peak 7 property owner who uses the property as their primary residence. A Type I License is for a Peak 7 property owner who rents a bedroom in their home throughout the year or rents their home as an entire unit when they go on vacation.  When the Peak 7 property owner is present and offering a bedroom for rent, there will be no limit on the number of nights that the bedroom may be rented annually. When the Peak 7 property owner is not present and chooses to rent the entire home, 60 nights per year will be the allowable limit.
  • Neighborhood Zone, Type II Short-Term Rental License: This license type is targeted toward second-homeowners who want to use their Peak 7  property and short-term rent it.  With that said, a Peak 7 local who uses the property as their primary residence but wishes to rent their entire home in excess of 60 nights, could apply for this license type.  A Type II License will allow owners to rent their Peak 7 property for up to 135 nights a year, while using it for themselves the rest of the year.  Summit County staff anticipates that the vast majority of STRs in the Neighborhood Zone would fall under this license type.  The County's proposal does not currently contemplate a limit on the total number of Type II short-term rental licenses that could potentially be issued.
  • Neighborhood Zone, Type III Short-Term Rental License: The County sees this license type as most appropriate for investment property STRs.  They are typically rented in excess of 135 nights per year, and the County sees them as more akin to commercial lodging businesses.  Peak 7 property owners, who want unlimited short-term rentals (or anything in excess of 135 nights per year), will first have to apply for a Conditional Use Permit ("CUP").  To obtain a CUP, the BoCC established the following minimum standards needed to obtaining approval"
    • To obtain a CUP, owners of single family homes must show the following:
      • Separation from occupied spaces of at least 100 feet separation, as measured between closest points, between all indoor/outdoor occupied spaces. Occupied spaces includes fire pits, hot tub, residences, but will not include sheds or detached garages; OR
      • The single family home must have an Accessory Dwelling Unit (ADU) in compliance with County code
      • If lot is smaller than 40,000 sq ft, it goes through the Conditional Use Permit Class 4 process, reviewed by the County Planning Commission. Occupancy is 2 persons per bedroom plus 2 total additional persons
      • If lot is bigger than 40,000 sq ft, it will go through the CUP class 2 process reviewed by County staff.  Occupancy is 2 per bedroom plus 2 but can apply for additional occupancy if it goes through the Class 4 review process
    • To obtain a CUP, multi-family properties must have all of the following:
      • Direct shuttle to ski area(s) or transit stop within 100’ from property
      • Substantial Recreation-Based Shared Amenities, 3 of the following: Pool, hot tub, sauna, tennis / pickle ball courts, game room, or other substantial amenity as approved by the Review Authority
      • A minimum of 100 units in the HOA
      • Occupancy maximum will be 2 guests per bedroom plus 2 persons

As of the time of this writing, the County does not maintain lists of local, multi-family properties in Peak 7 that have been pre-determined to meet the preceding three requirements for shuttles, amenities and minimum number of units; instead, each applicant must produce corresponding proof regarding the three requisites while submitting a CUP for a multi-family property.  As an additional note, for multi-family properties, occupancy will be limited to 2 guests per bedroom plus 2 persons.

Presently, the Peak 7 STR CUP process usually takes 2-4 weeks (although that is always subject to change).  Once a Peak 7 property owner receives approval of their CUP application, they may then apply for and obtain a Type III short-term rental license.

December 2021 Adoption of new Peak 7 STR License Rules

On December 16, 2021, the BoCC conducted a second reading of its new short-term rental ordinance.  That date actually marked the last day in which the 90-day moratorium on Peak 7 short-term rental licenses was  in effect.  The BoCC therefore had a deadline for acting on that day.  Summit County staff presented a lengthy STR Memo as well as a Powerpoint presentation, both containing data on Summit County short-term rentals.  After listening to several hours of public comment, the BoCC voted on and adopted the final version of its various short-term rental amendments, which included the Peak 7 short-term rental rules set forth above.

If you are in the Neighborhood Zone and you have an active Peak 7 STR license or applied for a license before the new regulations were adopted on December 16, 2021, you will have until September 2025 to convert your current license to one of the preceding three new STR license types.  With that said, a Peak 7 STR property owner could also elect to convert during any renewal period prior to 2025.

If you are in the process of buying a new Peak 7 property, you may begin the application for a Peak 7 short-term rental license (or, if needed, a CUP) before the property sale closes.  The only added requisite is for the current property owner to provide a letter stating they give permission for the buyer to apply for the future Peak 7 STR license.

Last but not least, the BoCC adopted new fees for Peak 7 short-term rental licenses, which are as follows:

  • Neighborhood Zone, Type I STR License: $200
  • Neighborhood Zone, Type II STR License: $300
  • Neighborhood Zone, Type III STR License: $100 (does not include STR CUP fee - see below)
  • Resort Zone STR License: $250
  • Pre-existing STR License Renewal: $500

The filing fee for a Peak 7 STR CUP is $200 (above and beyond the STR license fee).  As noted above, an STR CUP will be required for all Type III STR licenses in the Residential Zone.

While the BoCC passed all of the above changes at its second reading on December 16, it did hold another meeting on December 20 at which which time the preceding Peak 7 short-term rental amendments were codified formally into the Land Use and Development Code.

What are the rules for Silverthorne Short-Term Rental Licenses?

Brief History of Silverthorne Short-Term Rental Ordinance

The Town of  Silverthorne previously adopted regulations requiring Silverthorne short-term rental property owners to obtain STR licenses.  Silverthorne short-term rental owners are required to file an application for a short-term rental license and pay an annual fee.  If the property is within a duplex, the application must include a copy of written notice that was provided to the owner of the adjacent unit.  Silverthorne short-term rental owners are also required to read and sign a set of Good Neighbor Guidelines.  And, Silverthorne mandates that short-term rental owners submit a sworn affidavit certifying their property fully complies with health and safety standards listed in the ordinance.  A complete list of all such health and safety items can be found in Section 1-13-8 of the Silverthorne ordinance, but they include certifying that:

  • smoke detectors, carbon monoxide detectors and fire extinguishers are installed and operable;
  • roofs, floors, walls, foundations, ceilings, stairs, handrails, guardrails, doors, porches and all other structural components will be capable of handling all loads to which they may be normally subjected; and
  • electrical panels are clearly labeled.

In order to obtain a Silverthorne short-term rental license, the Town requires each owner to name a Responsible Agent.  The Silverthorne STR ordinance contains some of the strictest Responsible Agent requirements anywhere across Summit County.  More specifically, the Silverthorne short-term rental ordinance defines a Responsible Agent as someone who is available 24 hours per day and 7 days per week to immediately respond to any issues arising from a short-term rental property.  When a complaint comes in to the Hotline and is directed to the Responsible Agent, the ordinance directs the Responsible Agent to resolve the complaint issue within 60 minutes, or within only 30 minutes if the problem occurs in a timeframe from 11:00 p.m. to 7:00 a.m.

Silverthorne Short-Term Rental Discussions in Fall of 2021

On November 10, 2021, the Town Council approved a second reading of an ordinance to increase various rates and fees starting on January 1, 2022.  That fee increase included a new per-bedroom fee for Silverthorne short-term rental licenses.  The new annual fee schedule is as follows:

  • Studio $150/year
  • 1 Bedroom $200/year
  • 2 Bedrooms $250/year
  • 3 Bedrooms $300/year
  • 4 Bedrooms $350/year
  • 5 Bedrooms $450/year
  • 6 or more Bedrooms $500/year

Also in November 2021, the Town Council agreed to ask voters to increase the excise tax rate on Silverthorne short-term rental stays from its current 2% level to 6%.  In December 2021, Town staff presented draft language for this proposed tax increase.  Residents of Silverthorne will have an opportunity to vote on this ballot measure at the municipal election scheduled for April 5, 2022.

Otherwise, the Town of Silverthorne is watching developments and discussing possible short-term rental limitations at this time.  The Town Council has no firm short-term rental actions planned at present.

What are the rules for Summit Cove Short-Term Rental Licenses?

The entirety of the Summit Cove area is part of unincorporated Summit County. As a result, the controlling short-term rental ("STR") rules for Summit Cove are those promulgated by the Summit County Board of County Commissioners (“BoCC”).

Brief History of Summit Cove Short-Term Rental Regulations

A few years ago, the BOCC adopted regulations requiring Summit Cove short-term rental property owners to obtain STR licenses.  At that time, the BoCC also adopted a Responsible Agent requirement that applied to Summit Cove homes.  The Summit Cove Responsible Agent is someone designated by the property owner in their Summit Cove STR license application to respond, on a 24/7 basis within 60 minutes, to complaints submitted by the public to a STR Complaint Hotline.

The BoCC also added the following Summit Cove short-term rental occupancy limits:

  • Single family, duplex and townhome units: a)  2 persons per bedroom plus 4 additional occupants; OR b) 1 person per 200 square feet of living area, whichever allows for a greater occupancy
  • Condominium units: Either (a) or (b) below, whichever allows for a greater occupancy
    • a) 2 persons per bedroom plus 4 additional occupants, or 2 persons per bedroom plus 2 additional occupants in buildings with interior egress components less than 44 inches wide and without a sprinkler system; OR
    • b) 1 person per 200 square feet of living area

When a Summit Cove condominium unit contains a County-approved lock-off room that meets the definition of a lock-off room set forth in Chapter 15 of the Development Code, the lock-off room shall be allowed a total of 4 occupants.

  • Units on OWTS: the maximum overnight occupancy of the unit shall be limited to the capacity established on the OWTS permit. OWTS systems in Summit Cove are typically designed to accommodate a maximum occupancy of 2 persons per bedroom.

New Summit Cove Short-Term Rental License Classes

In the fall of 2021, the BoCC also conducted meetings to hear public comment and discuss solutions to the local housing crisis.  To better understand circumstances, Summit County also created a short-term rental survey in which 1325 people participated. On November 23, 2021, the BoCC conducted a first reading of proposed legislative amendments that would create overlay zones and licensing types for Summit Cove short-term rental properties.  Based on feedback from the community as well as previous BoCC meetings, Summit County staff presented a Powerpoint presentation, with proposals for new Summit Cove short-term rental license rules.  Looking more closely at the proposed amendments, there will be two new types of overlay zones for short-term rentals in Summit County.  The BOCC designated a Resort Overlay Zone that would include the following specific areas: all of Keystone, Copper Mountain, Tiger Run RV Resort, 4 O’clock Sub and Skiwatch.

Neighborhood Overlay Zone for Summit Cove Short-Term Rental Licenses

And, the BOCC created a Neighborhood Overlay Zone to encompass all other properties in unincorporated Summit County that are not located in the preceding Resort Overlay Zone.  Accordingly, Summit Cove falls into the Neighborhood Overlay Zone.  Summit County staff reported to BoCC that Summit Cove is one the areas in Summit County, which was not developed with a specific intent to be a resort neighborhood.  There's no question that many individual Summit Cove homes may have been designed or purchased with an intent towards STR use.  Likewise, many Summit Cove properties also generate fantastic short-term rental income. On the whole though, the BoCC found that the Summit Cove subdivision itself was not originally developed to support intense, hotel-like STR use with tourist amenities.  Additionally, incidences of complaints were relatively high in some parts of Summit County, like Summit Cove, when compared to a Resort Zone.  The County believed the additional complaints demonstrated occasional tension between traditional neighborhood uses and STRs.

For Summit Cove short-term rental properties located in the Neighborhood Overlay Zone, there will be three different license types:

  • Neighborhood Zone, Type I Short-Term Rental License:  This license type may only be obtained by a Summit Cove property owner who uses the property as their primary residence. A Type I License is for a Summit Cove property owner who rents a bedroom in their home throughout the year or rents their home as an entire unit when they go on vacation.  When the Summit Cove property owner is present and offering a bedroom for rent, there will be no limit on the number of nights that the bedroom may be rented annually. When the Summit Cove property owner is not present and chooses to rent the entire home, 60 nights per year will be the allowable limit.
  • Neighborhood Zone, Type II Short-Term Rental License: This license type is targeted toward second-homeowners who want to use their Summit Cove  property and short-term rent it.  With that said, a Summit Cove local who uses the property as their primary residence but wishes to rent their entire home in excess of 60 nights, could apply for this license type.  A Type II License will allow owners to rent their Summit Cove property for up to 135 nights a year, while using it for themselves the rest of the year.  Summit County staff anticipates that the vast majority of STRs in the Neighborhood Zone would fall under this license type.  The County's proposal does not currently contemplate a limit on the total number of Type II short-term rental licenses that could potentially be issued.
  • Neighborhood Zone, Type III Short-Term Rental License: The County sees this license type as most appropriate for investment property STRs.  They are typically rented in excess of 135 nights per year, and the County sees them as more akin to commercial lodging businesses.  Summit Cove property owners, who want unlimited short-term rentals (or anything in excess of 135 nights per year), will first have to apply for a Conditional Use Permit ("CUP").  To obtain a CUP, the BoCC established the following minimum standards needed to obtaining approval"
    • To obtain a CUP, owners of single family homes must show the following:
      • Separation from occupied spaces of at least 100 feet separation, as measured between closest points, between all indoor/outdoor occupied spaces. Occupied spaces includes fire pits, hot tub, residences, but will not include sheds or detached garages; OR
      • The single family home must have an Accessory Dwelling Unit (ADU) in compliance with County code
      • If lot is smaller than 40,000 sq ft, it goes through the Conditional Use Permit Class 4 process, reviewed by the County Planning Commission. Occupancy is 2 persons per bedroom plus 2 total additional persons
      • If lot is bigger than 40,000 sq ft, it will go through the CUP class 2 process reviewed by County staff.  Occupancy is 2 per bedroom plus 2 but can apply for additional occupancy if it goes through the Class 4 review process
    • To obtain a CUP, multi-family properties must have all of the following:
      • Direct shuttle to ski area(s) or transit stop within 100’ from property
      • Substantial Recreation-Based Shared Amenities, 3 of the following: Pool, hot tub, sauna, tennis / pickle ball courts, game room, or other substantial amenity as approved by the Review Authority
      • A minimum of 100 units in the HOA
      • Occupancy maximum will be 2 guests per bedroom plus 2 persons

As of the time of this writing, the County does not maintain lists of local, multi-family properties in Summit Cove that have been pre-determined to meet the preceding three requirements for shuttles, amenities and minimum number of units; instead, each applicant must produce corresponding proof regarding the three requisites while submitting a CUP for a multi-family property.  As an additional note, for multi-family properties, occupancy will be limited to 2 guests per bedroom plus 2 persons.

Presently, the Summit Cove STR CUP process usually takes 2-4 weeks (although that is always subject to change).  Once a Summit Cove property owner receives approval of their CUP application, they may then apply for and obtain a Type III short-term rental license.

December 2021 Adoption of new Summit Cove STR License Rules

On December 16, 2021, the BoCC conducted a second reading of its new short-term rental ordinance.  That date actually marked the last day in which the 90-day moratorium on Summit Cove short-term rental licenses was  in effect.  The BoCC therefore had a deadline for acting on that day.  Summit County staff presented a lengthy STR Memo as well as a Powerpoint presentation, both containing data on Summit County short-term rentals.  After listening to several hours of public comment, the BoCC voted on and adopted the final version of its various short-term rental amendments, which included the Summit Cove short-term rental rules set forth above.

If you are in the Neighborhood Zone and you have an active Summit Cove STR license or applied for a license before the new regulations were adopted on December 16, 2021, you will have until September 2025 to convert your current license to one of the preceding three new STR license types.  With that said, a Summit Cove STR property owner could also elect to convert during any renewal period prior to 2025.

If you are in the process of buying a new Summit Cove property, you may begin the application for a Summit Cove short-term rental license (or, if needed, a CUP) before the property sale closes.  The only added requisite is for the current property owner to provide a letter stating they give permission for the buyer to apply for the future Summit Cove STR license.

Last but not least, the BoCC adopted new fees for Summit Cove short-term rental licenses, which are as follows:

  • Neighborhood Zone, Type I STR License: $200
  • Neighborhood Zone, Type II STR License: $300
  • Neighborhood Zone, Type III STR License: $100 (does not include STR CUP fee - see below)
  • Resort Zone STR License: $250
  • Pre-existing STR License Renewal: $500

The filing fee for a Summit Cove STR CUP is $200 (above and beyond the STR license fee).  As noted above, an STR CUP will be required for all Type III STR licenses in the Residential Zone.

While the BoCC passed all of the above changes at its second reading on December 16, it did hold another meeting on December 20 at which which time the preceding Summit Cove short-term rental amendments were codified formally into the Land Use and Development Code.

What are the rules for Wildernest Short-Term Rental Licenses?

The entirety of the Wildernest area is part of unincorporated Summit County. As a result, the controlling short-term rental ("STR") rules for Wildernest are those promulgated by the Summit County Board of County Commissioners (“BoCC”).

Brief History of Wildernest Short-Term Rental Regulations

A few years ago, the BOCC adopted regulations requiring Wildernest short-term rental property owners to obtain STR licenses.  At that time, the BoCC also adopted a Responsible Agent requirement that applied to Wildernest homes.  The Wildernest Responsible Agent is someone designated by the property owner in their Wildernest STR license application to respond, on a 24/7 basis within 60 minutes, to complaints submitted by the public to a STR Complaint Hotline.

The BoCC also added the following Wildernest short-term rental occupancy limits:

  • Single family, duplex and townhome units: a)  2 persons per bedroom plus 4 additional occupants; OR b) 1 person per 200 square feet of living area, whichever allows for a greater occupancy
  • Condominium units: Either (a) or (b) below, whichever allows for a greater occupancy
    • a) 2 persons per bedroom plus 4 additional occupants, or 2 persons per bedroom plus 2 additional occupants in buildings with interior egress components less than 44 inches wide and without a sprinkler system; OR
    • b) 1 person per 200 square feet of living area

When a Wildernest condominium unit contains a County-approved lock-off room that meets the definition of a lock-off room set forth in Chapter 15 of the Development Code, the lock-off room shall be allowed a total of 4 occupants.

  • Units on OWTS: the maximum overnight occupancy of the unit shall be limited to the capacity established on the OWTS permit. OWTS systems in Wildernest are typically designed to accommodate a maximum occupancy of 2 persons per bedroom.

New Wildernest Short-Term Rental License Classes

In the fall of 2021, the BoCC also conducted meetings to hear public comment and discuss solutions to the local housing crisis.  To better understand circumstances, Summit County also created a short-term rental survey in which 1325 people participated. On November 23, 2021, the BoCC conducted a first reading of proposed legislative amendments that would create overlay zones and licensing types for Wildernest short-term rental properties.  Based on feedback from the community as well as previous BoCC meetings, Summit County staff presented a Powerpoint presentation, with proposals for new Wildernest short-term rental license rules.  Looking more closely at the proposed amendments, there will be two new types of overlay zones for short-term rentals in Summit County.  The BOCC designated a Resort Overlay Zone that would include the following specific areas: all of Keystone, Copper Mountain, Tiger Run RV Resort, 4 O’clock Sub and Skiwatch.

Neighborhood Overlay Zone for Wildernest Short-Term Rental Licenses

And, the BOCC created a Neighborhood Overlay Zone to encompass all other properties in unincorporated Summit County that are not located in the preceding Resort Overlay Zone.  Accordingly, Wildernest falls into the Neighborhood Overlay Zone.  Summit County staff reported to BoCC that Wildernest is one the areas in Summit County, which was not developed with a specific intent to be a resort neighborhood.  There's no question that many individual Wildernest homes may have been designed or purchased with an intent towards STR use.  Likewise, many Wildernest properties also generate fantastic short-term rental income. On the whole though, the BoCC found that the Wildernest subdivision itself was not originally developed to support intense, hotel-like STR use with tourist amenities.  Additionally, incidences of complaints were relatively high in some parts of Summit County, like Wildernest, when compared to a Resort Zone.  The County believed the additional complaints demonstrated occasional tension between traditional neighborhood uses and STRs.

For Wildernest short-term rental properties located in the Neighborhood Overlay Zone, there will be three different license types:

  • Neighborhood Zone, Type I Short-Term Rental License:  This license type may only be obtained by a Wildernest property owner who uses the property as their primary residence. A Type I License is for a Wildernest property owner who rents a bedroom in their home throughout the year or rents their home as an entire unit when they go on vacation.  When the Wildernest property owner is present and offering a bedroom for rent, there will be no limit on the number of nights that the bedroom may be rented annually. When the Wildernest property owner is not present and chooses to rent the entire home, 60 nights per year will be the allowable limit.
  • Neighborhood Zone, Type II Short-Term Rental License: This license type is targeted toward second-homeowners who want to use their Wildernest  property and short-term rent it.  With that said, a Wildernest local who uses the property as their primary residence but wishes to rent their entire home in excess of 60 nights, could apply for this license type.  A Type II License will allow owners to rent their Wildernest property for up to 135 nights a year, while using it for themselves the rest of the year.  Summit County staff anticipates that the vast majority of STRs in the Neighborhood Zone would fall under this license type.  The County's proposal does not currently contemplate a limit on the total number of Type II short-term rental licenses that could potentially be issued.
  • Neighborhood Zone, Type III Short-Term Rental License: The County sees this license type as most appropriate for investment property STRs.  They are typically rented in excess of 135 nights per year, and the County sees them as more akin to commercial lodging businesses.  Wildernest property owners, who want unlimited short-term rentals (or anything in excess of 135 nights per year), will first have to apply for a Conditional Use Permit ("CUP").  To obtain a CUP, the BoCC established the following minimum standards needed to obtaining approval"
    • To obtain a CUP, owners of single family homes must show the following:
      • Separation from occupied spaces of at least 100 feet separation, as measured between closest points, between all indoor/outdoor occupied spaces. Occupied spaces includes fire pits, hot tub, residences, but will not include sheds or detached garages; OR
      • The single family home must have an Accessory Dwelling Unit (ADU) in compliance with County code
      • If lot is smaller than 40,000 sq ft, it goes through the Conditional Use Permit Class 4 process, reviewed by the County Planning Commission. Occupancy is 2 persons per bedroom plus 2 total additional persons
      • If lot is bigger than 40,000 sq ft, it will go through the CUP class 2 process reviewed by County staff.  Occupancy is 2 per bedroom plus 2 but can apply for additional occupancy if it goes through the Class 4 review process
    • To obtain a CUP, multi-family properties must have all of the following:
      • Direct shuttle to ski area(s) or transit stop within 100’ from property
      • Substantial Recreation-Based Shared Amenities, 3 of the following: Pool, hot tub, sauna, tennis / pickle ball courts, game room, or other substantial amenity as approved by the Review Authority
      • A minimum of 100 units in the HOA
      • Occupancy maximum will be 2 guests per bedroom plus 2 persons

As of the time of this writing, the County does not maintain lists of local, multi-family properties in Wildernest that have been pre-determined to meet the preceding three requirements for shuttles, amenities and minimum number of units; instead, each applicant must produce corresponding proof regarding the three requisites while submitting a CUP for a multi-family property.  As an additional note, for multi-family properties, occupancy will be limited to 2 guests per bedroom plus 2 persons.

Presently, the Wildernest STR CUP process usually takes 2-4 weeks (although that is always subject to change).  Once a Wildernest property owner receives approval of their CUP application, they may then apply for and obtain a Type III short-term rental license.

December 2021 Adoption of new Wildernest STR License Rules

On December 16, 2021, the BoCC conducted a second reading of its new short-term rental ordinance.  That date actually marked the last day in which the 90-day moratorium on Wildernest short-term rental licenses was  in effect.  The BoCC therefore had a deadline for acting on that day.  Summit County staff presented a lengthy STR Memo as well as a Powerpoint presentation, both containing data on Summit County short-term rentals.  After listening to several hours of public comment, the BoCC voted on and adopted the final version of its various short-term rental amendments, which included the Wildernest short-term rental rules set forth above.

If you are in the Neighborhood Zone and you have an active Wildernest STR license or applied for a license before the new regulations were adopted on December 16, 2021, you will have until September 2025 to convert your current license to one of the preceding three new STR license types.  With that said, a Wildernest STR property owner could also elect to convert during any renewal period prior to 2025.

If you are in the process of buying a new Wildernest property, you may begin the application for a Wildernest short-term rental license (or, if needed, a CUP) before the property sale closes.  The only added requisite is for the current property owner to provide a letter stating they give permission for the buyer to apply for the future Wildernest STR license.

Last but not least, the BoCC adopted new fees for Wildernest short-term rental licenses, which are as follows:

  • Neighborhood Zone, Type I STR License: $200
  • Neighborhood Zone, Type II STR License: $300
  • Neighborhood Zone, Type III STR License: $100 (does not include STR CUP fee - see below)
  • Resort Zone STR License: $250
  • Pre-existing STR License Renewal: $500

The filing fee for a Wildernest STR CUP is $200 (above and beyond the STR license fee).  As noted above, an STR CUP will be required for all Type III STR licenses in the Residential Zone.

While the BoCC passed all of the above changes at its second reading on December 16, it did hold another meeting on December 20 at which which time the preceding Wildernest short-term rental amendments were codified formally into the Land Use and Development Code.

Need Help?

If you’re interested in further discussing local real estate and how STR license changes might potentially affect your decision to buy a property in Summit County, please don’t hesitate to contact Philip for help.  After all, if you made it to this point, you’ll agree I’ve written "the book" summarizing Summit County short-term rental rules!