Representatives of resort areas say they already register short-term rental owners

Eagle County has been slow to adopt short-term rental regulations. Those regulations may be in place by the opening of the 2025-2026 ski season.

County Finance Director Anna Earl and Assistant County Attorney Matt Peterson on Tuesday presented the Eagle County Board of Commissioners an overview of progress so far on a proposed short-term rental ordinance.

That ordinance, if adopted, would require unit owners to register with the county to ensure those people are paying the county's lodging tax, monitor market trends and gather data. The regulations would also ensure units are complying with regulations regarding health and safety requirements.

If the ordinance is adopted, unit owners would pay a fee of roughly $300 per year. That fee would cover the costs of new software and a new employee to administer the system.

The data in hand so far, gathered in 2023 by Economic and Planning Systems, identified 1,580 short-term rental units in unincorporated Eagle County, roughly 14% of all housing units. The study noted that the number has remained relatively flat since 2017.

Many of those units are located in resort areas including Beaver Creek, Bachelor Gulch and Arrowhead.

Commissioner Matt Scherr noted that Eagle County's desire for regulations stems primarily from a concern about health and safety issues. That's different than other counties that have imposed regulations. Summit County, for instance, has imposed caps on the number of short-term rental licenses that can be issued in order to limit the impact on workforce housing.

And, Peterson noted, there's unresolved litigation involving other resort counties.

During the commissioners' discussion, representatives of a pair of the county's resort areas also expressed their concerns that the county's proposed regulations could be a duplication of what they already do.

Jim Clancy of the Beaver Creek Resort Company said if the objective of the ordinance is to gather data, "we have the data."

Clancy noted that "purpose-built communities" such as Beaver Creek were intended from the start to have short-term rentals, and worried that adding another layer of regulation could cut into the resort's bed base.

Vail Valley Partnership President and CEO Chris Romer noted that adding more regulation to those already imposed by Beaver Creek and other resorts "doesn't seem customer oriented."

While many of the short-term units in unincorporated Eagle County are in Beaver Creek, Bachelor Gulch and Arrowhead, Scherr noted that state law doesn't allow the county to require licenses in one area and not another.

"That's the tough nut for us to crack," he said.

While county and resort officials are likely to continue to work on ways to combine their data and registration information, Peter Wall of the Vail Board of Realtors asked if there would be a grace period for unit owners outside those areas if an ordinance ultimately is adopted.

Scherr said he believed the ordinance would require registrations to begin by one date and that owners would have to complete those registrations at some later date.

Peterson noted that in the past the county's general approach has been to seek voluntary compliance with requirements. "I would hope that something similar could work here," he added.

As to when an ordinance might be in place, the probable answer is sometime in 2025.

Scherr noted that a county ordinance requires two readings, with public hearings required for both.

"It's taken longer than we've wanted," Scherr said. "It's been a lot of work to keep this simple."

But, he added, he'd like an ordinance to take effect in time for people to have time to adapt to it before next winter.