Montgomery County, VA Short-Term Rentals: Occupancy Limits (2026)

Sec 10-41(6) does not print its own numeric occupancy ceiling for short term tourist rentals; instead it defers to the Virginia Department of Health, stating that the maximum number of occupants in the dwelling unit shall be determined according to permit approval received by VDH. That approval typically turns on the property's water supply and sewage disposal system capacity, so a rental on a septic system with a smaller drainfield can carry a lower occupant cap than one on a larger system or public sewer.

Because the number varies by property, an operator has to obtain the VDH permit and keep it on file to know and prove the lawful headcount for that specific rental; the county's zoning permit for the short term tourist rental is issued alongside these requirements. This applies only in the unincorporated county outside Blacksburg and Christiansburg, both of which set occupancy standards for short-term rentals under their own town codes rather than through the county's VDH cross-reference.