Short-term rental rules · Gilpin County, Colorado
Short-term rentals in Gilpin County, explained properly.
Gilpin County requires a County Short-Term Rental Operating License before a short-term rental (a rental of all or part of a dwelling for fewer than 30 consecutive calendar days) may be advertised or operated in unincorporated Gilpin County. The County, not its cities, sets these rules here: the City of Black Hawk and the City of Central have their own rules. Ordinance 26-01 was adopted September 22, 2026 and took effect that day, replacing Ordinance 22-04. Tier 1 licenses are for owners who live on the property and rent a portion of it, with no cap. Tier 2 licenses are for commercial rentals where the owner does not live on the property, are capped at the lesser of 5% of unincorporated housing units or 155, and the County says the cap has been met, so new applicants join a waitlist. A person generally may not operate more than 2 units, and a property generally may not have more than 2. Tier 2 licensees need a responsible agent who can respond within 30 minutes. We haven't reviewed the text of Ordinance 26-01, the zoning regulations, the fee schedule or the lodging tax pages yet, so confirm zoning and fees with the County before you buy.
At a glance
What you need to know before you buy or list
| Question | Answer |
|---|---|
| Are short-term rentals allowed? | Conditional: allowed in unincorporated Gilpin County with a County Short-Term Rental Operating License; Tier 2 licenses (owner not living on the property) are capped and the County says the cap has been met [1] ClauseConfirming |
| Is a County Short-Term Rental Operating License required? | Yes: a County Short-Term Rental Operating License is required before a short-term rental may be advertised or operated in unincorporated Gilpin County [1] ClauseConfirming |
| Is there a cap on the number of STR licenses? | Yes: Tier 2 licenses are capped at the lesser of 5% of the housing units in unincorporated Gilpin County or 155 licenses, and the cap has been met so new Tier 2 applicants join a waitlist; there is no limit on Tier 1 licenses [1] ClauseConfirming |
| Is there a limit on the number of STR units per person or property? | Yes: generally no more than 2 STR units per person in the County and no more than 2 STR units on a single property [1] ClauseConfirming |
| Must the owner live on the property? | Conditional: a Tier 1 license requires the owner to live at the property as their primary residence and be present during rentals; a Tier 2 license is for units where the owner does not live on the property [1] ClauseConfirming |
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Detailed rules
The full picture, section by section
Operating rules
| Can a Tier 1 license holder rent the whole property or dwelling? | No: a Tier 1 license only allows renting out a portion of the property or a portion of the dwelling; advertising a "whole house" or "whole property" rental under a Tier 1 license is cited as an ordinance violation [1] ClauseConfirming Tier 1 license holders must be living at the property and present during rentals. Citations may affect a future license and may lead to suspension or revocation of an active license under the enforcement procedures in Ordinance 26-01 (not reviewed). |
|---|---|
| Responsible agent and complaints | Required for Tier 2: designate a responsible agent available 24/7 while the rental is occupied, able to respond to complaints or emergencies within 30 minutes [1] Clause If a complaint is determined to be an actual ordinance violation, failure by the responsible agent to affirmatively respond and attempt to resolve it within 1 hour of notification is also a violation. Licensees must give written notice of the responsible agent to adjacent property owners as required by Ordinance 26-01. Community Development staff will give the name and contact information for the responsible agent of a particular rental to a member of the public on request. The page directs emergencies and immediate threats to 911 and ordinance violations to a Code Complaint filed through the County's OpenGov portal. |
| Posting and site inspection | Required: the Gilpin Good Neighbor Guidelines must be posted in the rental, and the County does an initial site inspection [1] Clause The County's page lists the Gilpin Good Neighbor Guidelines as required to be posted in the short-term rental, and an "Initial Site Inspection and Required Posted Information" document that details what staff look for during the site inspection and what must be posted. The content of those documents has not been reviewed. |
Penalties & enforcement
| Operating without a license | A short-term rental operated without a valid license will be cited; citations may affect future licensing and may lead to suspension or revocation of an active license [1] Clause According to the County's page, citations may affect the ability to obtain a future STR operating license and may result in suspension or revocation of an active license under the enforcement procedures in Ordinance 26-01. Fine amounts are not shown on the page and the ordinance text has not been reviewed. Ordinance violations can be reported to Community Development as a Code Complaint through the County's OpenGov portal. |
|---|
State law that also applies
| State sales tax on short stays | 2.9%, plus any local sales taxes the state collects [2] [3] Clause 1 Clause 2 Colorado charges its 2.9% state sales tax on the entire amount charged for rooms and accommodations. A stay may also owe local sales taxes that the Colorado Department of Revenue collects for counties and special districts, and any sales tax of a home-rule city that collects its own tax (see below). |
|---|---|
| Which stays are taxed? | Stays of less than 30 days [3] Clause State sales tax does not apply to a room or accommodations rented to a person who is a permanent resident of it and has a written agreement to occupy it for at least 30 consecutive days. Shorter stays are taxed. |
| Colorado sales tax license required? | Yes, unless you rent only through a booking platform that collects the state-collected taxes for you [3] [2] Clause 1 Clause 2 The Colorado Department of Revenue says anyone who offers rooms or accommodations for rent must get a Colorado sales tax license and collect sales tax on taxable rentals. A seller who makes sales only through a marketplace may be exempt from licensing, collection and filing if the marketplace collects all state and state-administered local sales taxes for them. The license costs $16 (prorated) plus a $50 deposit, a separate license is needed for each business location, and licenses expire on December 31 of odd-numbered years. |
| Do booking platforms collect state taxes? | Yes, for state-collected taxes [3] Clause For rooms rented through a marketplace (including online platforms), the marketplace facilitator must collect and remit the state sales tax and the local sales taxes the state collects, plus any county lodging tax and local marketing district tax. City taxes in home-rule cities are separate (see below). |
| City lodging and home-rule city taxes | Paid to the city, not the state [3] Clause The Colorado Department of Revenue does not administer any lodging tax imposed by a city or town, and it does not collect sales tax for home-rule cities that collect their own. Those taxes are licensed, filed and paid with the city. |
| County lodging and local marketing district taxes | Set by some counties and districts; filed with the state [3] Clause Colorado counties may add a county lodging tax, regional transportation authorities a visitor benefit tax, and local marketing districts a marketing tax on rooms subject to state sales tax. County lodging and visitor benefit taxes are filed quarterly with the Department of Revenue on form DR 1485; the Department's DR 1003 publication lists the rates. |
Changes
Recent and pending changes
We read Gilpin County's Short Term Rentals page (Community Development) as published and fetched on October 18, 2026. The page links Ordinance 26-01 as a draft copy with the final adopted language; the final signed and recorded copy will replace it, and the County is updating its Zoning Regulations. We haven't reviewed the ordinance text, the Zoning Regulations, the fee schedule or Board of County Commissioners agendas yet, so we will watch the County's page for changes.
The Board of County Commissioners adopted Ordinance 26-01, which took effect the same day and repeals and replaces Ordinance 22-04. It governs short-term rental licensing and operating requirements and supersedes inconsistent provisions in the existing Zoning Regulations.
Sources
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This page is general information compiled from public sources, not legal or tax advice. HOA rules, deed restrictions and zoning for a specific property can be stricter. Confirm with the local permitting office and a qualified professional before buying or listing a property.