Short-term rentals in Driggs, explained properly.

Idaho Code section 67-6539(2)(a)(i) lists requiring owner occupation for any amount of time among the requirements that a city may not impose on short-term rentals. Idaho Code section 67-6539, as amended by House Bill 583 (2026 Session Law chapter 22, effective July 1, 2026), is the state law on city short-term rental rules. Driggs chapter 3-5 defines "owner occupied" as the owner of a dwelling unit residing on the parcel for a minimum of six months out of a calendar year, and requires a local representative who lives within 20 vehicular miles of Driggs city limits (see below). Driggs City Code chapter 3-5 is still published as adopted by Ordinance 423-21 (June 1, 2021) in the version read on October 14, 2026.

The City's short-term rental page says an owner intending to operate a short-term rental shall provide a verification letter to the City that the rental complies with listed standards: functioning smoke alarms in all sleeping areas; a functioning fire extinguisher and carbon monoxide detector on each floor; removable escape ladders in sleeping areas with a window above the ground floor; occupancy limits no higher than the non-transient residential limits in the international building codes as adopted by the Idaho Building Code Board; an easily accessible handout showing exits, fire extinguishers, any first aid kits and an emergency phone number; and no recreational vehicle, travel trailer, tent or other temporary shelter used as a short-term rental. The City's Short-Term Rental Code Compliance Safety Verification Form is completed with the unit address, owner name and signature and returned to the City at P.O. Box 48, Driggs, ID 83422. The standards on the page match the list of safety requirements a city may impose by ordinance under Idaho Code section 67-6539(3), but subsection (5) of the same section says no county or city shall require a license, fee, permit, certification or registration to operate a short-term rental. The City's short-term rental page refers readers to Ordinance 501-26, Short Term Rental Dwelling Ordinance, which was not among the texts read, so what it changed in chapter 3-5 is not confirmed here. Because the City's page and its codified chapter 3-5 describe different processes and the statute bars certifications, this rule needs review.

Sec. 3-5-4(B) requires bedroom windows operable for emergency egress with a net opening of at least five and seven-tenths square feet and a sill height of no more than 44 inches; smoke alarms outside each sleeping area, in each room used for sleeping and on each story; a carbon monoxide detector on each floor if there is a garage, solid fuel appliance or gas appliance; one 2A:10BC type fire extinguisher mounted between three and five feet above the floor; and no recreational vehicle, travel trailer, tent or other temporary shelter used as a short-term rental. The City's short-term rental page lists a different set of standards (see the verification letter rule). Idaho Code section 67-6539, as amended by House Bill 583 (2026 Session Law chapter 22, effective July 1, 2026), is the state law on city short-term rental rules. Subsection (3) allows a city to require by ordinance only smoke alarms, a fire extinguisher and carbon monoxide detector on each floor, removable escape ladders above the ground floor, occupancy limits no stricter than the building code limits, and an exits-and-contact handout, and lists additional or improved means of egress and modification to the physical structure among requirements a city may not impose. Driggs City Code chapter 3-5 is still published as adopted by Ordinance 423-21 (June 1, 2021) in the version read on October 14, 2026. The code and the statute differ, so this rule needs review.

Sec. 3-5-4(B)(1) says that at the time of application for a new short-term rental permit the dwelling unit is subject to inspection by the city building official or designee, and the owner must make the alterations the building official requires before the permit is issued. Every three years from the approval date of the initial application the applicant must submit a statement affirming compliance by completing a City-provided self-inspection checklist, and the City may physically reinspect any property at any time if it reasonably believes the requirements are not being met. Idaho Code section 67-6539, as amended by House Bill 583 (2026 Session Law chapter 22, effective July 1, 2026), is the state law on city short-term rental rules. Subsection (2)(a)(ix) lists requiring inspections among the requirements a city may not impose. Driggs City Code chapter 3-5 is still published as adopted by Ordinance 423-21 (June 1, 2021) in the version read on October 14, 2026. The code and the statute conflict, so this rule needs review.

Sec. 3-5-4(B)(7) says each short-term rental shall list a local representative, with a phone number, who permanently resides within 20 vehicular miles of Driggs city limits. If the police department cannot reach the representative in a timely manner more than twice during the annual permit term, that is a violation, and changing the representative requires a revised permit application. Idaho Code section 67-6539, as amended by House Bill 583 (2026 Session Law chapter 22, effective July 1, 2026), is the state law on city short-term rental rules. Subsection (3) says a city may by ordinance require only the safety measures it lists, and subsection (2)(a)(ii) lists requiring professional property management among the requirements a city may not impose. Driggs City Code chapter 3-5 is still published as adopted by Ordinance 423-21 (June 1, 2021) in the version read on October 14, 2026. The code and the statute differ, so this rule needs review.

Sec. 3-5-3(D) says short-term rental owners shall file an annual report with the clerk no later than the 15th day of the month following expiration of the permit, or an alternate date set by the clerk, and that failing to file when notified is a violation. The definition of annual report says it may include total person nights and total tax collected and remitted. Idaho Code section 67-6539, as amended by House Bill 583 (2026 Session Law chapter 22, effective July 1, 2026), is the state law on city short-term rental rules. Subsection (2)(a)(iv) lists requiring reporting of use or other statistics among the requirements a city may not impose. Driggs City Code chapter 3-5 is still published as adopted by Ordinance 423-21 (June 1, 2021) in the version read on October 14, 2026. The code and the statute conflict, so this rule needs review.

Sec. 3-5-3(E) requires every short-term rental to obtain and maintain garbage service for as long as it operates, with removal at least every two weeks, a container no larger than 96 gallons and containers stored secure from bear or other animal intrusion. Sec. 3-5-4(B)(9) says the permit must be posted in a conspicuous place on the premises and the permit number must be posted on any website, service or social media used to promote the rental; the permit must show the local representative, City and Sheriff contact details and occupancy and parking limits. Idaho Code section 67-6539, as amended by House Bill 583 (2026 Session Law chapter 22, effective July 1, 2026), is the state law on city short-term rental rules. Subsection (2)(a)(x) lists requiring internal or external signage, notices or diagrams among the requirements a city may not impose, and subsection (6) keeps short-term rentals subject to the noise, parking, nuisance, curfew and traffic rules that apply to other homes. Driggs City Code chapter 3-5 is still published as adopted by Ordinance 423-21 (June 1, 2021) in the version read on October 14, 2026. How the City applies these provisions after July 1, 2026 is not stated in the pages read, so this rule needs review.

Sec. 3-5-5 treats guest noise, disturbances and nuisances, and non-compliance with sections 3-5-3 or 3-5-4, as violations; each incident, and each day of non-compliance, counts separately. The sanction is a warning notice for the first two violations within a 12-month period and revocation of the permit for the third. A person whose permit was revoked cannot apply for another for two years from the date of revocation. Operating without a required permit is an infraction fined according to chapter 1-4A (General Penalties) of the City Code, which was not read, so the fine amount is not stated here. Idaho Code section 67-6539, as amended by House Bill 583 (2026 Session Law chapter 22, effective July 1, 2026), is the state law on city short-term rental rules. Subsection (6) keeps short-term rentals subject to the penalties that apply to other homes, and subsection (5) bars a city permit requirement, so how these permit-based penalties apply after July 1, 2026 is unsettled. Driggs City Code chapter 3-5 is still published as adopted by Ordinance 423-21 (June 1, 2021) in the version read on October 14, 2026.

Idaho Code section 67-6539, as amended by House Bill 583 (2026 Session Law chapter 22, in force July 1, 2026), says no county or city may enact or enforce an ordinance that has the express or practical effect of prohibiting any type of short-term rental, and no county or city may require a license, fee, permit, certification or registration to operate one. Local rules for health and safety may not put different restrictions or obligations on short-term rentals than on similar homes that are not rented short term. The statute lists examples that cities and counties may not impose, including owner occupancy for any amount of time, professional management, extra insurance, inspections, limits on the days a property can be rented, notices to neighbors, a conditional use permit in a residential zone, spacing from other short-term rentals and caps on their number. By ordinance a county or city may require only: smoke alarms in all sleeping areas; a fire extinguisher and a carbon monoxide detector on each floor; removable escape ladders in sleeping areas with a window above the ground floor; occupancy limits no stricter than the non-transient residential limits in the building codes adopted by the Idaho building code board; and an easily accessible handout showing exits, fire extinguishers, any first aid kits and an emergency phone number for the owner or manager. A short-term rental is classed as a non-transient residential use for zoning and building codes, and owners and guests remain subject to the noise, parking, nuisance, curfew and traffic rules that apply to other homes. Idaho Code section 63-1803 defines a short-term or vacation rental as a single-family house or dwelling unit, a condominium, cooperative or timeshare unit, or an owner-occupied home offered for a fee for 30 days or less.

The Idaho State Tax Commission lists the state sales tax rate as 6% and counts short-term rental accommodations for 30 days or less among taxable retail sales. Its lodging guide says Idaho sales tax is due on vacation homes and private residences rented for 30 days or less, and that these lodging taxes apply only to rentals of 30 days or less.

Idaho charges a travel and convention tax to occupants of hotel and motel rooms for stays of 30 days or less, and the Tax Commission says it also applies to vacation-home rentals. It does not apply to someone who stays more than 30 days continuously in the same room or space. The current rate is 2%. The Tax Commission's lodging guide lists the tax as due on vacation homes and private residences, alongside Idaho sales tax. Returns are filed on Form 1152 in the Tax Commission's online system (TAP).

The Tax Commission says that to offer short-term lodging you need a travel and convention tax permit, a regular seller's permit and, if the rental is in an auditorium district, an auditorium district tax permit, applied for through the Idaho Business Registration (IBR); permits arrive in about 10 days. You technically don't need these permits if you rent only through short-term rental marketplaces that collect and send in the taxes for you, but you must get them if you rent the lodging any other way or charge for services or fees on which the marketplace does not collect tax. These are state tax permits, not a local license to operate.

Idaho Code section 63-1804 requires a short-term rental marketplace to register with the State Tax Commission to collect, report and pay Idaho sales and use and travel and convention taxes, and any local taxes the Tax Commission administers, on the stays it facilitates, and to collect, report and pay taxes imposed by any local government on the operator or guest. Since July 1, 2026 (House Bill 583), an owner who offers a short-term rental directly to a guest without a marketplace must comply with the same requirements. The Tax Commission says marketplaces are responsible for collecting all taxes due on the lodging they arrange, lodging providers are responsible for the taxes on stays they arrange directly, and hosts should not report sales or tax that a registered marketplace already reports.