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Short-Term Rentals

Boulder's Short-Term Rentals: The Rules That Matter

By CityRuleLookup Editorial Team

Every city handles short-term rentals a little differently. In Boulder, Colorado, there are 9 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Noise Rules

Boulder has no separate short-term-rental noise ordinance; a loud STR party falls under B.R.C. § 5-3-11, Nuisance Party Prohibited. Any owner, occupant, or renter who hosts a gathering that becomes a public nuisance, through excess noise, an open keg, or code violations by guests, can be cited, and police may order everyone to disperse immediately.

Key details: Governing section: B.R.C. § 5-3-11, Nuisance Party Prohibited. Residential noise limit: 55 dBA day, 50 dBA night (§5-9-3). Amplified sound reach after 11 p.m.: 100 feet in residential districts. Dispersal order: Guests must leave when police declare nuisance. Maximum penalty: $2,650 fine and/or 90 days jail (§5-2-4).

Violating Section 5-3-11 is a Title 5 general offense: up to a $2,650 fine, up to ninety days in jail, or both, under the citywide penalty schedule in Section 5-2-4. Refusing a police dispersal order under Subsection 5-3-11(d) is a separate, chargeable violation. The host, owner, and any occupant with possessory control can each be cited, and repeat nuisance-party incidents at a licensed short-term rental can trigger license enforcement under Chapter 10-3.

Host Platform Liability

Inside a Boulder lodging business assessment area, a hosting platform that collects payment from a short-term rental lodger must set aside and remit the LBAA fee to the city. The duty lifts only if the property owner certifies in writing, under penalty of perjury, that it will pay the fee itself.

Key details: Governing chapter: B.R.C. Ch. 8-11, Lodging Business Assessment Areas. Platform duty: Set aside and remit LBAA fee to city. Exemption: Signed statement under penalty of perjury. Backup liability: Accommodation still owes fee if platform fails. Max fine: $2,650 per violation, per day.

Section 8-11-30, "Violation," makes any breach of Chapter 8-11 (including the Section 8-11-19 remittance duty) prosecutable under Section 5-2-4, "General Penalties," which sets a fine of not more than $2,650 per violation, with each day of noncompliance counting as a separate violation under Section 5-2-5.

Taxes & Fees

Boulder imposes a 7.5 percent excise tax on the price paid for short-term rental lodging under Section 3-15-2. Renters pay it, hosts and platforms must collect and remit it, and after covering program administration costs the city routes leftover revenue into its affordable housing fund.

Key details: Tax rate: 7.5% excise tax on short-term rental price. Who pays: The lodger; host/platform must collect and remit. Overlap exemption: None for entities already paying public accommodations tax. Revenue use: Program admin first, surplus to affordable housing fund. Governing chapter: B.R.C. Chapter 3-15, adopted 2016.

Section 3-15-3(a) makes it a violation for anyone who pays for short-term lodging to fail to pay the tax, and for a retailer, host, or platform to fail to collect and remit it; because Chapter 3-15's own penalty provisions were repealed in 2018, enforcement falls back on Section 5-2-4's general penalty of up to $2,650 per violation.

Repeat Violator Strikes

Boulder enforces short-term rental violations through an escalating civil penalty schedule: $150 for a first violation, $300 for a second, and $1,000 for a third of the same provision. If a short-term rental operator fails to meet the licensing conditions in Section 10-3-19(c), the city manager must revoke the license outright.

Key details: 1st violation: $150 civil penalty. 2nd violation (same provision): $300 civil penalty. 3rd violation (same provision): $1,000 civil penalty. STR eligibility failure: Mandatory license revocation. Reapplication bar: At least six months after revocation.

A first violation of any Chapter 3 provision costs $150, a second offense of the same provision costs $300, and a third costs $1,000, all imposed administratively after a hearing. A short-term rental license issued to someone who does not meet Section 10-3-19(c)'s ownership and residency conditions must be revoked, and the same licensee is locked out of reapplying for that unit for six months. Criminal charges under Section 10-3-17 can add $500 to $2,000 per violation or 90 days in jail.

This is one of the stricter rules in Boulder's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Short-Term Rental Permits

Short-term rentals are illegal in Boulder without a city-issued license. Section 10-3-19(a) bars anyone from operating a short-term rental unless the city manager has issued a valid short-term rental license, and only a natural person, a trust with a natural-person beneficiary, or a qualifying nonprofit may hold one.

Key details: License required: Before operating any short-term rental. Eligible applicants: Natural person, qualifying trust, or 501(c) nonprofit. Ownership threshold: At least 50% fee-simple interest required. New applications: Closed to new STR licenses since February 1, 2019. Advertising rule: Must display the assigned license number.

Operating or advertising a short-term rental without a current license violates Section 10-3-19(a) and (l), and, like other Chapter 3 violations, draws the escalating $150/$300/$1,000 civil penalty schedule in Section 10-3-16(a)(1) plus possible license revocation. A licensee who no longer meets the ownership or principal-residence conditions in subsection (c) faces mandatory revocation under Section 10-3-16(a)(3), and unlicensed operation can also trigger the criminal fine of $500 to $2,000 per violation, or up to 90 days in jail, under Section 10-3-17.

Compared to other cities, Boulder takes a harder line on short-term rental permits. The enforcement and penalty structure reflects that.

Host Presence Rule

Boulder does not require the host to be on-site, but every short-term rental application must list two contacts who can reach the property within 60 minutes. Section 10-3-19(c)(5) makes that response-time guarantee part of the license application itself, not an optional courtesy.

Key details: Contacts required: Two named contacts per application. Response time: Must reach the property within 60 minutes. Owner-operated units: Contacts can be permanent on-site residents. Filed with: Initial short-term rental license application. Parallel rule: Same 60-minute standard applies to local agents under Section 10-3-14.

Submitting a short-term rental application without two qualifying sixty-minute contacts leaves the application incomplete under Section 10-3-19(c), so the city manager cannot issue the license. For an already-licensed rental, failing to maintain a reachable contact undermines the operator's compliance record and can factor into the city manager's administrative remedy under Section 10-3-16, including the escalating $150/$300/$1,000 civil penalty schedule and possible revocation.

Primary-Residence-Only Rule

Boulder only licenses a short-term rental in the unit the licensee actually lives in. BRC 10-3-19(j) requires the dwelling rented as a short-term rental to be the licensee's principal residence, and applicants must submit a sworn statement to that effect with their license application. The city manager checks this every year: licensees must recertify principal-residence status within thirty days of each license anniversary or risk losing the license.

Key details: Governing section: BRC § 10-3-19(j). Occupancy rule: Unit must be licensee's principal residence. Annual re-certification: Sworn statement due within 30 days of anniversary. Licenses per person: One short-term rental license maximum. First civil penalty: $150 (10-3-16), rises to $1,000 for third.

Renting a short-term unit without a valid license, or without meeting the principal-residence requirement, is enforced under Section 10-3-16: the city manager can impose a $150 first-offense civil penalty, $300 for a second violation of the same provision, and $1,000 for a third, plus revoke the license outright when a licensee no longer meets 10-3-19(c)'s ownership or occupancy conditions. Criminal prosecution under 10-3-17 adds a fine of $500 to $2,000 or up to ninety days in jail.

This is one of the stricter rules in Boulder's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Night Caps

An accessory dwelling unit rented as a short-term rental in Boulder is capped at 120 nights a year. Section 10-3-19(o)(5) sets that limit only for ADUs; it does not apply to a principal home rented short-term, which faces no separate day cap in the ordinance.

Key details: ADU night cap: 120 days per calendar year. Applies to: Accessory dwelling units only, not principal homes. Eligibility cutoff: Unit legally established by February 1, 2019. One unit at a time: Either the ADU or the principal unit, not both. Occupancy standard: Follows Subsection 9-8-5(b), not the general STR rule.

Renting a licensed accessory dwelling unit as a short-term rental beyond 120 days in a calendar year breaches Section 10-3-19(o)(5) and exposes the operator to the escalating civil penalty schedule in Section 10-3-16(a)(1): $150, $300, then $1,000 for repeat violations of the same provision, plus possible license revocation. Licensing both the accessory unit and the principal unit as rentals at the same time also violates paragraphs (o)(3) and (o)(4).

This is not one of those rules that cities tend to ignore. Boulder actively enforces its night caps requirements.

Occupancy Limits

Boulder ties short-term rental occupancy to the same limit that governs any other rental unit. Section 10-3-19(i) caps overnight guests in a short-term rental at whatever occupancy the Property Maintenance Code allows for that dwelling, with no separate, higher short-term rental figure.

Key details: Occupancy standard: Same limit as the Property Maintenance Code sets. No STR-specific bump: No higher headcount allowed for short-term stays. ADU exception: Uses Subsection 9-8-5(b) occupancy standard instead. License tied to residency: Unit must be licensee's principal residence. Enforcement: Civil penalty schedule plus possible revocation.

Hosting more overnight guests than the Property Maintenance Code's occupancy formula allows breaches Section 10-3-19(i) and can support a civil penalty under the escalating $150/$300/$1,000 schedule in Section 10-3-16(a)(1), plus license revocation. Because a short-term rental must also be the licensee's principal residence under Section 10-3-19(j), overcrowding complaints are investigated alongside residency compliance, and a $250 fee applies for each investigative inspection the city manager conducts under Section 10-3-16(f).

The Bottom Line

Boulder is tougher than many cities when it comes to short-term rentals. Out of the 9 rules covered here, 4 are rated strict. If you are a homeowner, renter, or business owner in Boulder, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

All of the above reflects Boulder's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.