Olmsted County imposes no STR-specific overnight guest cap in unincorporated areas it directly zones (Eyota, Marion, Oronoco, Quincy townships). Maximum occupancy defaults to the Minnesota State Building Code, the Minnesota State Fire Code (NFPA 101), and on-site sewage treatment system design capacity under MN Rules Ch. 7080. Inside Rochester, the STR ordinance (City Code 7-9-14) requires applicants to declare maximum occupancy on their license.
Minnesota has no statewide preemption of local STR rules; counties act under MN Stat. Ch. 394 (county zoning). Olmsted County's Chapter 1400 Zoning Ordinance does not contain a vacation-rental-specific overnight occupancy cap for the unincorporated area or for the four townships the County Planning Department directly administers (Eyota, Marion, Oronoco, Quincy). Other townships within Olmsted County may have separately adopted land use controls administered by a township zoning administrator or the Township Cooperative Planning Association. In the absence of a STR-specific cap, maximum occupancy is governed by: (1) the Minnesota State Building Code (MN Rules Ch. 1305) and the International Property Maintenance Code adopted by reference, which set minimum room size and occupancy load standards for dwellings; (2) the Minnesota State Fire Code (MN Rules Ch. 7511, adopting NFPA 101 Life Safety Code); and (3) MN Rules Chapter 7080 Subsurface Sewage Treatment Systems, which sizes septic capacity by bedroom count and effectively limits overnight occupancy on parcels not served by municipal sewer. The City of Rochester's STR ordinance (Rochester City Code Chapter 7-9-14) requires the applicant to declare the maximum number of overnight guests on the license application and post the figure inside the unit. For property-specific occupancy figures, confirm with the Olmsted County Planning Department at 507-328-7100.
Exceeding building, fire, or septic capacity is a code violation enforceable by Olmsted County code enforcement and the State Fire Marshal under MN Stat. 326B and MN Rules 7511, with fines and corrective orders. Misrepresenting occupancy on a Rochester STR license application is grounds for license suspension or revocation under City Code 7-9-14.
Olmsted County, MN
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See how Olmsted County's occupancy limits rules stack up against other locations.
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