Occupancy Limits: Hernando vs Olive Branch
How do occupancy limits rules compare between Hernando, MS and Olive Branch, MS?
Hernando and Olive Branch have similar restriction levels.
Hernando, MS
Desoto County
Hernando, MS does not publish a per-bedroom guest cap for STRs. STRs are reviewed under the Zoning Ordinance and require a business license from the Office of Planning. Mississippi has no STR preemption; guests pay 7% state sales tax. Confirm any cap with the Office of Planning at 662-429-9095.
View full Hernando rules →Olive Branch, MS
Desoto County
Olive Branch has no STR-specific occupancy cap. Article XII.5 of the city zoning ordinance requires each dwelling unit to provide at least 150 square feet for the first occupant and 100 square feet for each additional occupant, and sleeping rooms must be at least 70 square feet (50 square feet per additional occupant). Article II caps unrelated 'family' occupancy at four persons.
View full Olive Branch rules →Key Facts Comparison
| Fact | Hernando | Olive Branch |
|---|---|---|
| Code References | Zoning Ord. (2008); MS-adopted IBC/IRC | - |
| Per-Bedroom Guest Cap | Not published; confirm with Planning | - |
| Business License | Required for STR use | - |
| State Sales Tax | 7% on lodging | - |
| State Preemption | None (MS Code Sec. 17-1-3 home rule) | - |
| Office of Planning Phone | (662) 429-9095 | - |
| Department Address | 365 Losher Street, Suite 200 | - |
| Zoning Article | - | Appendix A, Article XII.5 |
| First Occupant Min Area | - | 150 sq ft |
| Each Additional Occupant | - | 100 sq ft |
| Sleeping Room Min | - | 70 sq ft |
| Unrelated Family Cap | - | 4 persons (Art. II) |
| Planning Dept | - | 662-892-9200 |
Highlighted rows indicate differences between cities.
Hernando FAQ
How many guests can stay overnight in a Hernando, MS short-term rental?
Hernando has not published a numeric per-bedroom guest cap. The Mississippi-adopted IRC sets minimum room sizes and egress that indirectly limit sleeping capacity, and the Office of Planning issues the business license required for STR use. Confirm any specific guest cap with the Hernando Office of Planning at (662) 429-9095 before listing your property.
Do I need to collect Mississippi sales tax on my Hernando Airbnb bookings?
Yes. Mississippi imposes a 7% state sales tax on lodging including cleaning fees and guest fees. Airbnb and Vrbo collect and remit Mississippi state sales tax on bookings made through their platforms. If you book guests outside those platforms, you must register with the Mississippi Department of Revenue and remit the tax yourself. Hernando does not currently impose a separate municipal lodging tax.
Olive Branch FAQ
How many guests can stay in an Olive Branch short-term rental?
Olive Branch has no STR-specific cap. Article XII.5 of the city zoning ordinance requires 150 square feet for the first occupant and 100 square feet for each additional occupant, with sleeping rooms at least 70 square feet (50 per additional occupant). If your guests are unrelated, the Article II 'family' definition caps occupancy at four persons. Confirm with Planning and Development at 662-892-9200.
Are nightly Airbnb rentals allowed in Olive Branch?
Article II of the Olive Branch zoning ordinance defines a dwelling unit as occupied for owner use or rental on a weekly, monthly, or longer basis, and the city has no separate short-term rental ordinance. That means nightly rentals are not clearly authorized in residential zoning districts. Confirm with Planning and Development at 662-892-9200 before listing.
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