Blue Earth County, MN Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- Occupancy basis
- Capacity of the property's SSTS
- Sewer-district alternative
- Lower of business plan or MDH license figure
- Rentals per lot
- One short-term rental unit maximum
- Enforcement
- Planning agency; IUP revocable
Summary
Short-term rental occupancy in unincorporated Blue Earth County is tied directly to septic capacity: Sec. 24-337(b)(1) caps the number of guests at whatever the property's subsurface sewage treatment system can handle.
(1)The maximum occupancy at any given time shall be in compliance with the capacity of the subsurface sewage treatment system (SSTS) serving the unit. If the unit is served by a municipal or a sewer district system, the occupancy will be limited to the maximum occupancy identified in the applicant's business plan or the occupancy identified by a lodging license from the Minnesota Department of Health, whichever is lower.
Full Breakdown
Blue Earth County's short-term rental ordinance, Sec. 24-337, sets occupancy as a function of wastewater capacity rather than a flat headcount. Under subsection (b)(1), the maximum occupancy at any given time must comply with the capacity of the subsurface sewage treatment system (SSTS) serving the rental unit; if the property instead ties into a municipal or sewer district system, occupancy is capped at whichever is lower of the number stated in the applicant's business plan or the occupancy figure on a lodging license issued by the Minnesota Department of Health.
Because SSTS sizing drives the cap, the application file required under Sec. 24-337(a)(3)(d) must include a subsurface sewage treatment system commercial operating permit where appropriate, and Sec. 24-337(d)(2)(a) separately requires the system to be sized to accommodate the unit's maximum occupancy under Sec. 6-377. Holding tanks are not allowed as a substitute for a properly sized SSTS. There is also a one-rental-per-lot cap under Sec. 24-337(b)(2), and the rental property manager must keep a current list of occupants available to county staff or law enforcement on request under Sec.
24-337(b)(3). Applicants seeking an interim use permit for a short-term rental unit must also check with the Minnesota Department of Health under Minnesota Rules Chapter 4625 to determine whether a lodging license is required, and if so, keep it current annually with proof supplied to the planning agency.
Violations & Fines
Operating over the SSTS-based occupancy cap or without a properly sized system is grounds for the planning agency to investigate a complaint and, if substantiated and unresolved with the owner or manager, to invalidate the interim use permit following review by the planning commission and board of commissioners.
Frequently Asked Questions
How is short-term rental occupancy calculated in unincorporated Blue Earth County?
Can holding tanks be used to increase occupancy capacity?
What happens if a rental exceeds its SSTS-based occupancy limit?
Sources & Official References
Other rules in Blue Earth County
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