Short-Term Rental Violations
The Teton County Board of County Commissioners have recently confirmed the current restrictions on short-term rentals pursuant to the Land Development Regulations (LDRs) Section 6.1.4.A Residential Uses (PDF) and have directed the Planning and Building Department to enforce any violations regarding short-term rentals.
Any lease or rental agreement, written or verbal, where either a payment or in-kind service are given, must be for 31 days or more, may not restrict the occupancy for less than 31 days and have no other occupancy within those 31 days. If one chooses to rent a home or property, it can only be rented for a minimum time of 31-days or more in order to comply with the LDRs. Teton County will not permit any property owners who may have rented previously in direct violation of the LDRs, to engage in short-term rental for less than 31 days. Teton County will be enforcing the restrictions on short-term rentals against all violators.
Section 6.1.4.A Residential Uses States
“No residential unit or portion of a residential unit may be rented such that occupancy is limited to less than 31 days. Short-term rental of less than 31 days shall be considered a lodging use subject to the standards of Section 6.1.5. A time-share condominium is considered a residential use as long as the ownership intervals are 31 days or longer. Any ownership intervals of less duration shall be considered a lodging use.”
Approved Short-Term Rental Units
Developments that have been approved for short-term rentals include the following list per Section 6.1.5. Short-Term Rental Unit.:
- The Aspens (condominiums and single-family homes)
- Crescent H “Fish Lodges” (Crescent H lot 8)
- Golf Creek (condominiums only)
- Teton Shadows (condominiums only)
- Jackson Hole Racquet Club Resort Commercial Area (Teton Pines 64 lodging units)
- Spring Creek Ranch (up to 200 units of the 301 dwelling units permitted)
- Teton Village (condominiums and single-family homes)
Accessory Residential Units
Many properties also have Accessory Residential Units (ARUs). Per Section 6.1.11.B Accessory Residential Unit (PDF), approved units may only be rented per the following standards:
- Occupancy is limited to persons employed within Teton County, family members or guests of the family occupying the main house. Guests shall be free of payment or in-kind services.
- Rental periods shall be a minimum of 90 days.
Renting an ARU outside of the above parameters may result in the immediate revocation of the ARU permit and ultimately the requirement to remove sleeping quarters, and cooking and bathing facilities form the unit.
Lastly, we are seeing many property listings on vacation rental websites with large guest capacities. Please note that the majority of the homes constructed in Teton County were approved as single-family homes; therefore, Should the house be rented long-term, occupants must comply with the “family” definition of the LDRs Section 9.5. Defined Terms (PDF):
“Family means one (1) or more individuals related by blood, marriage, adoption, or guardianship, or not more than six (6) individuals not so related, occupying a dwelling unit and living as a single housekeeping unit.”
If homeowners have a listing on such websites as Vacation Rental By Owner, HomeAway, or Airbnb, all listings should comply with the LDRs and not advertise for rental of less than 31 days unless specifically allowed by the LDRs. Should Planning staff find future reservations that do not comply with the LDRs, this matter will be forwarded to the County Attorney as a violation of the Teton County Land Development Regulations. Wyoming Statutes authorize the County to seek abatement of these violations, authorize a fine of not more than $750 for each offense, and provide that each day’s continuation of a violation is a separate offense.