Utah Statewide Rule
Utah Limits on STR Permit Enforcement Statewide
Key Facts
- Statute
- Utah Code 10-8-85.4
- STR threshold
- Under 30 days
- Listing-only fines
- Prohibited
- Local zoning
- Still allowed
Summary
Utah Code 10-8-85.4 and 17-50-338 prohibit municipalities and counties from using listings on short-term rental websites alone to fine, prosecute, or punish owners for operating, restricting how local STR permit ordinances may be enforced.
10-8-85.4. Ordinances regarding short-term rentals - Prohibition on ordinances restricting speech on short-term rental websites - Evidence of short-term rental - Removing a listing. (1) As used in this section: (a) "Internal accessory dwelling unit" means the same as that term is defined in Section 10-20-606. (b) "Permit number" means a unique identifier issued by a municipality and may include a business license number. (c) "Request" means a formal inquiry made by a municipality to a short-term rental website that is not a legal requirement. (d) "Residential unit" means a residential structure or any portion of a residential structure that is occupied as a residence. (e) "Short-term rental" means a residential unit or any portion of a residential unit that the owner of record or the lessee of the residential unit offers for occupancy for fewer than 30 consecutive days. (f) "Short-term rental website" means a website or other digital platform that: (i) allows a person to offer a short-term rental to one or more prospective renters; and (ii) facilitates the renting of, and payment for, a short-term rental. (g) "URL" means uniform resource locater.
Full Breakdown
Utah law preempts how cities and counties enforce short-term rental restrictions. A local government cannot use the mere act of listing a property on Airbnb, Vrbo, or any STR website as the sole basis to fine, charge, or prosecute the owner. Independent corroborating evidence (such as guest registrations, complaints, or observed activity) is required. Cities still may adopt zoning, licensing, and permit rules for STRs, but enforcement based purely on online ads is barred. The statute defines a short-term rental as a residential unit offered for fewer than 30 consecutive days, and forbids any regulation of the website itself.
Violations & Penalties
Municipal enforcement actions relying solely on website listings are unenforceable; aggrieved owners may seek injunctive relief and attorney fees in district court.
Frequently Asked Questions
Can a Utah city ban my Airbnb just because it appears online?
Does state law allow Utah cities to require STR permits?
Sources
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