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Waco, TX Short-Term Rentals: Primary-Residence-Only Rule (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Type I / homestay
Owner/operator must live in primary structure & be present
Type II and III
Owner-occupancy is NOT required
Homestay cap
5 guest rooms max
B&B inn cap
15 guest rooms max
Separation rule
500 ft between licensed Type I/homestay units in R zones

Summary

Waco does not require every short-term rental to be an owner's primary residence. The licensing code creates three rental types, and only "short-term rental type I" and "bed and breakfast homestay" licenses require the owner or a designated operator to live in the primary structure and be present for the whole rental; type II and type III properties can be non-owner-occupied investment units.

Short-term rental type I shall mean an owner or a designated operator occupied residential property where short-term lodging is provided to only one group at a time per dwelling unit. Non-conforming single family residential properties that contain more than one dwelling unit shall rent to only one group at a time. The owner or a designated operator must reside in the primary structure on the property and be present at the property for the duration of any short-term rental. ... Short-term rental type II shall mean a single family or duplex residential property where short-term lodging is provided to only one group at a time per dwelling unit. ... The owner or a designated operator does not reside on the property or is not present at the property for the duration of any short-term rental.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 88).

Full Breakdown

Section 13-465 defines the license categories that determine whether owner-occupancy is required. A "bed and breakfast homestay establishment" is an owner- or designated-operator-occupied property with no more than five guest rooms, where the owner or operator must reside on the property and be present for the duration of any rental. "Short-term rental type I" carries the same residency and presence requirement: the owner or designated operator must reside in the primary structure on the property and be present for the duration of the rental, and non-conforming properties with more than one dwelling unit may only rent to one group at a time.

By contrast, "short-term rental type II" (a single-family or duplex property) and "short-term rental type III" (a multi-family property) are both defined as properties where "the owner or a designated operator does not reside on the property or is not present at the property for the duration of any short-term rental," meaning Waco expressly permits absentee-owner short-term rentals under those two license types. All four categories still require a license under section 13-466, and section 13-471(a) imposes a 500-foot separation between two licensed type I or homestay units in the R-E, R-1A, R-1B, R-1C, and R-2 zoning districts, a spacing rule that does not apply to type II or III properties.

Violations & Fines

Operating without the correct license type, or misrepresenting which type applies, exposes the licensee to revocation or suspension under section 13-472 if the licensee, designated operator, or a guest has violated any provision of the article or license condition, and to prosecution under the Code of Ordinances general penalty, section 1-14, with a fine of $1.00 to $500.00 per offense.

Frequently Asked Questions

Does Waco require short-term rental hosts to live on-site?
Only for two of the four license categories. "Short-term rental type I" and "bed and breakfast homestay establishment" licenses under section 13-465 require the owner or designated operator to reside in the primary structure and be present for the whole rental. Type II, type III, and bed and breakfast inn licenses do not carry that requirement.
What's the difference between Waco's short-term rental Type I and Type II licenses?
Type I is owner- or operator-occupied: the owner or a designated operator must live in the primary structure and be present during every rental. Type II covers a single-family or duplex property where, per section 13-465, the owner or designated operator does not reside on or need to be present at the property.
Can I rent an investment property as a Waco short-term rental without living there?
Yes, under a short-term rental type II or type III license. Section 13-465 defines both as properties where the owner or designated operator does not reside on the property or need to be present during the rental, unlike type I and bed and breakfast homestay licenses.
How far apart must owner-occupied short-term rentals be in Waco?
Section 13-471(a) requires a 500-foot separation between two licensed bed and breakfast homestay establishments or short-term rental type I properties in the R-E, R-1A, R-1B, R-1C, and R-2 residential zoning districts; the R-2 spacing requirement became effective April 30, 2020.

Sources & Official References

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