Pitkin County commissioners vote to prohibit short-term rentals in rural, remote areas

Pitkin County commissioners on Wednesday voted to approve amendments to a land use code during a second reading, prohibiting short-term rentals in areas designated as rural and remote to protect public health, safety, and welfare.

The Rural and Remote (RR) zone district only allows for “small new structures and very limited types of development,” including lack of gas, phone, and electric utility services, meeting documents state.

These zones also possess some of the following characteristics:

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• Location more than a half a mile from winter-maintained public roadways
• Limited availability, or absence of rapid, traditional Pitkin County emergency services
• Little or no development existing in the surrounding area
• Presence of natural hazard areas or important environmental or historic resource areas
• Location within subalpine or alpine ecosystems, and/or location at or above the 9,000 foot elevation
• Location adjacent to U.S. Forest Service or Bureau of Land Management owned properties

The lack of development is meant to conserve and protect the natural environment and its resources, preserve the small-scale, low-density backcountry character and lifestyle, retain undeveloped areas, and allow for the transfer of development rights to areas that are more appropriate for development.

This lack of development can be dangerous, however, for tourists and others new to the area who are not familiar with potential hazards. Because of this, county commissioners voted to prohibit short-term rentals in these locations in an effort to protect the welfare of Pitkin County citizens, visitors, and property owners.

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“I’m thrilled this is coming,” Pitkin County Commissioner Greg Poschman said. “I think it’s awesome.”

The amendments to the land use code will also prohibit STRs in transitional residential zones, which primarily make up Smuggler and Shadow mountains. These areas are not considered RR because they are seen as transitional areas into urban areas, but they have similar characteristics to RR in terms of accessibility and lack of traditional services.

These regulations do not apply to hotels, motels, lodges, resort cabins, guest ranches, country inns, or bed and breakfasts.

Wednesday’s vote passed 4-1, with Commissioner Patti Clapper casting the sole dissenting vote. She said that while she agrees with amending the land use code, she has “supported some level of short-term rentals in rural and remote” in the past.

The proposed amendments were also referred to local caucuses for review and comment. The Upper Snowmass Caucus supported the amendments, but no other caucuses provided comment.

The Pitkin County Planning Commission initially considered the proposed amendments back on Oct. 1 and approved them by a 4-0 vote. On Oct. 23, the county commissioners considered and approved the proposed amendments on first reading.

STR regulations, which are separate from the land use code, already prohibit STRs in RR designated areas.

Commissioners realized, however, that the county possesses incomplete information as to the extent and location of STR activity in the county.

County commissioners originally adopted the Pitkin County Short Term Rental Code on June 22, 2022.

The STR Code required review by the commissioners of any applications for STR licenses for properties in RR zones to determine if “… the property has adequate emergency services available, adequate provisions can be made for the safety of the renters and guests considering the remote quality of the property, and that the rental activity and the activities associated with servicing the property will not be injurious to other properties or owners, public or private, or to the qualities inherent in the Rural and Remote Zone District in the area of the rental property.”

“This just brings the land use code provision in alignment with that prohibition that’s already in the STR Code,” said Suzanne Wolff, Pitkin County Community Development director.

Regan Mertz can be reached at 970-429-9153 or rmertz@aspentimes.com.