Benton County, OR Accessory Structures: ADU Rental Restrictions (2026)
Key Facts
- Rule
- No short-term rental once ADU is present
- Short-term defined as
- lodging under 1 month
- Applies to
- both the ADU and primary dwelling
- Recorded via
- covenant per BCC § 91.050(15)
- Continuing-violation fine
- up to $1,000
Summary
Once a property in unincorporated Benton County has an accessory dwelling unit, neither the ADU nor the primary house may be rented short-term. BCC § 91.050(11) defines short-term as any lodging agreement under one month, and the prohibition is recorded against the property for future owners.
(11)Neither the single-family dwelling nor the ADU may be utilized for short-term accommodation purposes. Short-term accommodations are defined as lodging agreements for a period of less than 1 month.
Full Breakdown
The ban is absolute for both structures on an ADU parcel: the code states that neither the single-family dwelling nor the ADU may be used for short-term accommodation once the ADU exists, closing off the option to run either unit as a nightly or weekly rental. Short-term accommodation is defined narrowly, by length of stay only, as any lodging agreement for a period of less than one month; a month-to-month or longer lease is not covered. 050(15), which requires the property owner to record a covenant memorializing the section (3), (4), (12) and (15) requirements, so a future buyer inherits both the size limits and the short-term rental prohibition without needing to re-check the file. 230. Adding an ADU to the property removes that option entirely for both dwellings, rather than simply subjecting it to home occupation review.
Violations & Fines
Operating a short-term rental on an ADU parcel is a code compliance matter for Community Development, enforced under Chapter 31's escalating process: verbal notice, written notice of violation, written notice to comply, then a stop-work order or infraction complaint. An infraction complaint can carry a fine up to $500 per violation and up to $1,000 for a continuing violation, with each 24-hour period treated as a separate occurrence (BCC §§ 31.020, 31.125).
Frequently Asked Questions
If I have an ADU, can I rent either unit on Airbnb?
What counts as a short-term stay under this rule?
Does the ban follow the property if I sell it?
Sources & Official References
Other rules in Benton County
Compare Benton County to another location·View the Oregon accessory structures overview
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