Short-term rentals in Whitefish, explained properly.

Section 3-1-5 says the City Council adopts a business registration fee schedule by resolution, fees are payable annually in advance on or before January 1, a registration issued after July 1 is issued at one-half the yearly fee, and all registrations expire on December 31. On late renewal, a late fee set by council resolution plus two percent of the registration fee per month or any portion of a month is assessed and must be paid before the renewal is issued. The fee schedule and its effective date haven't been reviewed yet, so this page lists no dollar amount.

Section 11-3-35(A)(1)(e) requires the unit to be inspected by the Fire Marshal to ensure it meets current safety standards once the application is deemed complete and annually thereafter. Title 3, chapter 1 separately says businesses with a physical location in the city are subject to fire safety inspections by the Fire Marshal. The inspection fee and checklist haven't been reviewed yet.

Section 11-3-35(A)(1)(f) requires proof of application for a State of Montana public accommodation license for a tourist home, which the Flathead City-County Health Department administers, and (A)(1)(l) requires verification that the property is appropriately registered and meets requirements for State Bed Tax purposes. The state layer on this page describes the Montana license and the 8% state lodging taxes.

Section 11-9-2 adds that advertising available stays of 30 days or less on sites that mainly serve travelers looking for short term rentals presumes the property is being used as a short term rental, that bed and breakfasts, hostels and hotel or motel establishments are not short term rentals (unless individual units with a kitchen are condominiumized and under different ownership than the hotel or motel), that a short term rental may not provide food or beverages for sale on the premises or with the rental, and that renting part of a home as a short-term rental does not qualify as a home occupation. The code also says short term rentals are not considered residential purposes.

Section 11-3-35(A)(1)(h). The same contact appears on the emergency notice that must be posted where it can be seen from outside the front door (see the emergency notice rule).

Section 11-3-35(A)(1)(i). Title 3, chapter 1 also requires proof of City registration to be conspicuously displayed where a city official can see it on entering the place of business.

Section 11-3-35(A)(1)(m). Advertising a rental that is out of compliance or outside an allowed district is itself evidence of a violation and can lead to enforcement against the owner, property manager or listing agent (see the penalties rule).

Section 11-3-35(A)(1)(k). The same standard also requires the property and buildings to be kept maintained and trash collection with approved animal resistant containers to continue where the city determines the service is available.

Section 11-3-35(A)(1)(b), (c) and (d). The parking counts in chapter 6 and the density limits for each district haven't been reviewed yet.

Section 11-3-35(B) says a violation of the performance standards, or repeated citations for disturbing the peace related to the property, may result in suspension and possible revocation of the business license and short term rental registration. Operating outside an allowed district or without meeting all the standards is a misdemeanor punished under section 1-4-1 of the Code, or a municipal infraction with the fines above. Advertising a non-compliant rental, or one outside an allowed district, is evidence of a violation and creates a presumption that the owner, manager or listing agent knew the standards and zoning and the Resort Tax duty. The City also notifies the Flathead County Health Department and the State of Montana about illegal rentals. Section 1-4-1 (the general penalty) hasn't been reviewed yet.

Section 15-68-101 defines accommodations as short-term rentals or individual sleeping rooms, suites, camping spaces or other units offered for overnight lodging periods of less than 30 days to the general public for compensation, and a short-term rental as a house, dwelling unit, condominium, cooperative or timeshare unit, or owner-occupied residential home offered for a fee for 30 days or less. Section 15-68-102 imposes a 4% sales tax on accommodations, collected by the seller from the purchaser, and section 15-65-111 imposes a 4% lodging facility use tax on the user of accommodations, both on the sales price, which includes any service, commission or other charge by an online hosting platform that the guest must pay. The Department of Revenue's lodging tax page says Montana charges a combined 8% (use tax 4% and sales tax 4%), lists vacation rentals among taxable lodging, and says units rented 30 continuous days or more to the same purchaser are exempt. A seller of accommodations must obtain a seller's permit before doing business (15-65-114), and returns are due quarterly. Local resort or other local taxes are not part of this state rule; see each place's page.

Section 15-68-101 defines a short-term rental marketplace as a person that provides a platform through which a seller or the seller's agent offers a short-term rental to an occupant, and counts an online hosting platform (including online travel companies and third-party reservation intermediaries) as a seller. Section 15-68-111 requires a short-term rental marketplace to register with the Department of Revenue and to collect, report and pay the lodging facility use tax and the sales tax on any sale it facilitates; section 15-65-114(2) repeats this for the use tax. The Department of Revenue's page says marketplaces and online hosting platforms should be collecting, reporting and paying all taxes from sales through their platforms, and that taxpayers must still pay the taxes on any sales outside a marketplace or online hosting platform.

Section 50-51-102 defines a tourist home as a private home or condominium that is not occupied by an owner or manager and that is rented, leased or furnished in its entirety to transient guests on a daily or weekly basis, and lists tourist homes among the establishments covered (with bed and breakfasts, hotels, motels, roominghouses and others). Section 50-51-201 requires a person operating an establishment to obtain a license from the Department of Public Health and Human Services every year, a separate license for each establishment, and the license must be validated by the local health officer (or sanitarian) in the county before it is issued. Section 50-51-204 sets the initial and renewal fee at $100 a year for an establishment with no more than 10 rooms for rent, $175 for 11 to 25 rooms and $250 for more than 25, plus a $25 late fee for renewals paid after the license expires. A home where an owner or manager lives does not meet the tourist home definition; whether another category (such as a bed and breakfast) applies is not covered here, so check with the county health department.

Searched: the Montana Code Annotated 2025 sections cited on this page, the Montana Land Use Planning Act's limits on local zoning (76-25-303, which has no short-term rental provision), and the Legislature's Bill Explorer for 2025 and 2027 session bills with short-term rental, rental, lodging or tourist home in the title. SB 336 (2025, Revise laws related to short-term rentals) had its Senate third reading and was sent to the House on March 5, 2025, was tabled in a House committee on April 8, 2025, and died in committee on May 23, 2025. HB 802 (2025, Revise zoning laws related to the rental of a primary residence) was tabled in committee and died in process on May 20, 2025. Neither has a session law chapter. For the 2027 session, draft request LC0284 (Generally revise short-term rental laws) was assigned to a drafter and put on hold on September 16, 2026; there is no bill text yet.