Vacation-rental owners working toward compliance

Since Flathead County’s regulations for vacation-rental operators took effect last August, the Planning Office has processed 29 applications for the required administrative conditional-use permits.

Of those applications, 20 have been approved and seven are still pending, planner Erik Mack said.

Before the regulations were adopted, operating a rental unit for less than 30 days was an illegal use in zoned areas of the county. That meant anyone operating Airbnb or VRBO (Vacation Rental By Owner) in the county was in violation of county zoning regulations.

As the regulations worked their way through the county planning process last year, it was noted several times that there are likely hundreds of rentals operating throughout the county through online venues. There are no regulations for vacation rentals in unzoned areas of Flathead County.

Enforcement of the short-term rules are complaint-driven. The Planning Office does not actively search for unpermitted vacation rentals.

“We’ve had seven violations since the regulations were adopted,” Mack said. “One was found to have no violation, three received permits, two [short-term rentals] discontinued their use and with one there’s no resolution yet.”

County Planner Donna Valade addressed the short-term rental regulations at a recent Bigfork Land Use Advisory Committee meeting. She said that while the Planning Office has had a “good number of applications” for permits, there are still many vacation rental operators who have not come forward for permitting, according to committee minutes.

Committee member Jerry Sorensen asked if it’s possible to get a listing of permitted short-term rentals, and Valade said a list for the Bigfork, Ferndale and Echo Lake areas could be supplied.

Valade explained the regulations and how to file a complaint with county compliance officer George Ferris. Ferris investigates complaints and if a violation is found, the owner has 30 days to comply.

An administrative conditional-use permit can be suspended or revoked for any violation of the standards, or if there are three or more substantive and valid complaints lodged against a rental operator.

The decision to suspend or revoke an administrative conditional-use permit is made following a hearing before the Flathead County Board of Adjustment.

That board so far has denied two applications for short-term rentals.

The performance standards require the name and phone number of a local contact person or management company be provided with the permit application. The contact person must be available around the clock and be able to arrive at the vacation rental property within one hour if there is a complaint or emergency situation.

That contact information also is sent via certified mail to property owners within 150 feet of the rental property.

If there is a change of ownership in a rental property, the new owner is required to apply for an administrative conditional-use permit in their name.

Short-term rental operators also are responsible for collecting state bed tax and conveying the tax collections to the state Department of Revenue. They also must have a state public accommodation license for a tourist home, and must offer a minimum of two off-street parking spaces per rental property.

The Northwest Montana Association of Realtors proposed the zoning text amendment as a way to protect homeowners, the property rights of neighbors and the traveling public.

Features editor Lynnette Hintze may be reached at 758-4421 or lhintze@dailyinterlake.com.