Montgomery County, VA Garage & Yard Sales: Frequency, Duration & Permits (2026)
Key Facts
- Frequency limit to stay exempt
- no more than once every 60 days
- Exemption source
- flea market definition, Sec 5-156
- Exceeding frequency triggers
- annual flea market permit required
- Flea market license tax
- $200 per year
- Violation penalty
- Class 4 misdemeanor, per day
Summary
Montgomery County's flea market ordinance carves out garage and yard sales from its licensing rules only if they occur no more frequently than once every sixty days, per Code Section 5-156. Sell more often than that and the sale legally becomes a flea market requiring an annual permit.
Flea market means the place where any person or group of vendors, whether professional or nonprofessional, offer for sale, trade or barter any goods regardless of whether they are new, used, antique, or homemade; and regardless of whether they are offered for sale in open air areas, buildings or temporary structures. The term "flea market" does not include the offering for sale of goods by the owner thereof at the owner's residence at what are commonly referred to as "garage sales" or "yard sales, " provided that such sales do not occur more frequently than once every sixty (60) days.
Full Breakdown
Outside Blacksburg and Christiansburg, Chapter 5, Article VI regulates flea markets, and its definitions section, Section 5-156, is where the county's garage sale rule actually lives: a flea market is any place where a person or group of vendors offers goods for sale, trade or barter, whether new, used, antique or homemade, in the open air, a building or a temporary structure. The definition then expressly excludes homeowners selling goods at their own residence in what are commonly called garage sales or yard sales, but only on the condition that such sales do not occur more frequently than once every sixty days.
A sale held more often than that frequency loses the exemption and falls under the full flea market licensing scheme in Section 5-158, which requires an annual permit application to the county administrator with a site plan, parking layout, health department approvals for camping and food sales, and state highway department approval of entrances, plus payment of the two-hundred-dollar annual flea market license tax imposed by Section 5-159. Civic and charitable organizations are exempt from the flea market article's requirements under Section 5-158. The ordinance also exempts any business or occupation that already holds a valid business license or special use permit covering the sale, trade or barter of goods, so a garage sale exceeding the sixty-day frequency is not automatically unlawful, it is simply reclassified and made subject to the flea market permit and tax.
Violations & Fines
A sale that exceeds the sixty-day frequency and is run without the annual flea market permit and license tax required by Sections 5-158 and 5-159 is a violation of Article VI's regulations. Section 5-157 makes any violation of the flea-market-type activity regulations a Class 4 misdemeanor, with each day of the unpermitted activity constituting a separate offense.
Frequently Asked Questions
How often can I hold a garage sale in Montgomery County without a permit?
What happens if I hold garage sales more than once every 60 days?
Is there a separate garage sale permit in the county code?
Sources & Official References
Other rules in Montgomery County
Compare Montgomery County to another location·View the Virginia garage & yard sales overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.