This week's update covers new laws, permit requirements, and regulation news for hosts in:

• Boulder County, Colorado

• Vancouver, Washington 

• Santa Fe County. New Mexico

• Lewisville, Texas 

• Austin, Texas

• Folly Beach, South Carolina

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Boulder County

Boulder County commissioners have approved amendments to short-term and vacation rental rules in unincorporated areas. The 2-to-1 vote aims to streamline the rental process and enhance safety. The changes include modifying definitions, altering the review process, and capping vacation rentals at 4% of housing units in mountainous regions. The amendments also require notifying adjacent property owners about rental license applications and setting an occupancy limit based on wastewater system capacity. The decision, influenced by public input, seeks to balance property owners' needs with neighborhood impacts.

Vancouver

Vancouver City Council has unanimously passed a Short-Term Rental (STR) Ordinance, initiating a 24-month pilot to regulate STRs. The ordinance, effective Jan. 17, requires STR operators to obtain a business license and a $250 STR permit. Existing STR owners must comply with the new rules by Feb. 15. The program aims to cap STRs at 870 units, monitor their impact on housing affordability, public safety, and minimize disturbances. This follows the Council's 2021 request to balance housing needs with property rights and track STR compliance.

Santa Fe County

Santa Fe County commissioners have approved new regulations for short-term rental properties, focusing on non-owner-occupied rentals. The ordinance passed with a 4-1 vote, doesn't limit vacation rentals on owner-occupied properties but restricts non-owner-occupied rentals in 35 communities. Caps are set at 3% or 7% of available housing, based on the community's character and existing rentals. On commissioner advocated for lower limits, citing concerns about preserving community character. While another commissioner opposed a rule limiting individuals or entities to two non-owner-occupied rentals, citing its impact on family property retention. The ordinance aims to balance tourism with preserving long-term resident housing and community integrity.

Lewisville

Lewisville City Council has unanimously passed a new ordinance to regulate short-term rentals, effective July 8. The ordinance includes parking restrictions, a $400 annual permit fee per unit, and fines up to $500 for non-compliance. The rise in Airbnb and VRBO rentals led to this decision, addressing residents' concerns about property rights. The ordinance requires property managers to be reachable within 15 minutes and present within an hour if needed. It also mandates providing tenants with contact information and house rules. Additionally, a limited parking zone process is introduced, and hotel occupancy taxes must be remitted to the city. The ordinance does not address noise concerns, a point raised by residents. A separate discussion on a one-year prohibition of new short-term rentals was deferred, with Mayor TJ Gilmore suggesting revisiting the prohibition in six months to a year.

Austin

Austin's Tourism Commission is scrutinizing the city's short-term rental (STR) sector, with City Council expected to act in 2024. Over 13,000 unlicensed STRs are causing disturbances and leading to a loss of $20+ million annually in Hotel Occupancy Tax. The Texas Neighborhood Coalition is pushing for platform accountability, targeting companies like Airbnb and Vrbo. This includes making it illegal to profit from unlicensed STRs, enforcing tax collection, and mandating data sharing. The Commission's working group aims to bring STR regulation recommendations by February, considering hiring outside legal counsel for more robust enforcement.

Folly Beach

A lawsuit challenging the legality of Folly Beach's short-term rental cap continues. Filed by Folly East Indian Company, the lawsuit argues that capping rentals via referendum is illegal. The cap, set at 800 licenses, was narrowly passed by residents. Michael Riffert, who filed the lawsuit, claims this cap infringes on property rights, impacting financial futures. The attorney for Save Folly’s Future argues the referendum was the only way for residents to voice their opinions democratically. Judge Burch has asked both parties to draft an order for a decision to be made in 10 days. The City of Folly Beach has not commented on the ongoing legal proceedings.