Is a short-term rental legal in Breckenridge, CO?
Short-term rentals (any accommodation unit rented for under 30 consecutive days) are legal in Breckenridge only with a Town-issued Accommodation Unit License, and new licenses are capped by one of four geographic zones adopted by Ordinance No.
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Rules apply to any 'accommodation unit' (condo, townhome, house, trailer, or studio) rented for less than 30 consecutive days (Town Code 4-6-1). Both whole-home and hosted/room rentals fall under the same license and are equally subject to the zone caps and waitlists described in requirements[]; the code does not distinguish hosted from unhosted operation. Primary residence is not required to operate an STR generally, but a primary-residence unit rented 21 days or fewer per year is exempt from the $756/bedroom annual regulatory fee (Town Code 4-6-3(B)(1); Admin. Rules Art. IV(C)). No town-wide fixed maximum guest count exists; instead, occupancy limit is set by formula: 2 persons per bedroom plus 4 additional persons for all units except studios, and 4 persons total for studios (Town Code 4-6-10(G)); this per-unit limit must be posted in every advertisement (4-6-11(B)(2)).
What you need to operate
The full picture
Short-term rentals (any accommodation unit rented for under 30 consecutive days) are legal in Breckenridge only with a Town-issued Accommodation Unit License, and new licenses are capped by one of four geographic zones adopted by Ordinance No. 28, Series 2022 (effective September 27, 2022): Zone 1/Tourism (cap 1,680), Zone 2/downtown core (cap 130), Zone 3/residential (cap 390), and an uncapped Resort Property Zone for qualifying multi-unit resort properties with on-site amenities. As of the Town's December 2025 published count, Zone 2 (130 of 130 licenses issued) and Zone 3 (1,058 licenses active against a 390 cap, via grandfathering) have no new licenses available and require joining a waitlist; Zone 1 had 467 licenses reported available against its 1,680 cap. A license costs $75-$175/year (by bedroom count) plus a separate annual regulatory fee of up to $756 per bedroom/studio with no cap on bedroom count (e.g., a 4-bedroom unit owes $175 + $3,024 = $3,199/year as of 2026), waived only if the unit is the license holder's primary residence and is rented 21 days or fewer per year. Hosts must designate a responsible agent available 24/7 who must respond to complaints within 60 minutes, display the license number and posted maximum occupancy in every ad, and keep the unit non-transferable on sale (a new owner must reapply, subject to zone availability). Guests staying under 30 days owe a combined 12.275% state+county+town lodging tax (Airbnb collects/remits since October 1, 2019 and Vrbo since January 1, 2020; hosts who book directly must self-remit). Violating the ordinance can draw an administrative fine of up to $1,000 per day until cured, in addition to license denial, suspension or revocation.
Taxes on guests & hosts
| Tax | Rate | Applies to | Platform collects | Official source |
|---|---|---|---|---|
| Combined Accommodations/Lodging Tax (stays under 30 days) | 12.275% | Hotel/motel/condo/short-term-rental lodging charges for stays under 30 days within the Town of Breckenridge; combines Colorado state sales tax 2.900%, Summit County sales tax 2.000%, Mass Transportation System tax 0.750%, Multi-Jurisdictional Housing Authority tax 0.725%, Town of Breckenridge general sales tax 2.500%, and Town of Breckenridge Accommodations Tax 3.400% | Yes | source |
| Town of Breckenridge Accommodations Tax (local lodging-specific component) | 3.400% | The Town-imposed portion of the combined lodging tax, charged on lodging stays under 30 days in addition to the Town's 2.500% general sales tax; funds are split between the Town's Marketing Fund (1.40 of the 3.40 points) and Excise Fund (2.00 of the 3.40 points) | Yes | source |
Enforcement
What we could not verify (9)
- Fetch-method caveat: townofbreckenridge.com blocks automated fetches with an Akamai bot wall (HTTP 403) for both the WebFetch tool and direct curl with a browser user agent. All townofbreckenridge.com pages cited above (main STR page, apply/waitlist page, FAQ, history page, license-availability page, tax-rates page) were instead verified via dated Wayback Machine captures of the exact official URLs: main STR page (2026-05-17), apply/waitlist page (2026-05-17), FAQ (2025-11-09), history page (2026-05-17), license-availability/waitlist page (2026-02-10, showing a 'December 2025' snapshot), tax-rates page (2025-12-06). The breckenridge.town.codes municipal code portal (hosted by General Code) was fetched live and directly, without a Wayback fallback, and states it is current through Ordinance No. 6, Series 2026 (passed April 28, 2026).
- Current license counts and per-zone availability (Resort Zone 1,719; Zone 1 1,225 of 1,680 with 467 reported available; Zone 2 130 of 130, no availability; Zone 3 1,058 active against a 390 cap via grandfathering, no availability) reflect a 'December 2025' snapshot on the Town's license-availability page, which the Town states it updates only every 3 months; these figures may have changed by the 2026-07-18 as-of date and should be re-checked against the live page or by emailing [email protected].
- The Resort Property Zone has no legislatively fixed numeric license cap; Town Code 4-6-5(B)(1) instead caps it at 'the number of units available in the resort property zone as of the effective date of the ordinance ... and any additional licenses granted administratively' when a property is later determined to qualify as a resort property. The Town's own 'Historical Development' page states caps are also summarized in a table/map graphic that did not render as extractable text in this session's fetch, so the exact 2022 baseline unit count for the Resort Zone was not independently confirmed beyond the December 2025 total of 1,719 licenses.
- The annual regulatory fee is stated by the Town's FAQ and main STR page as currently $756/bedroom-or-studio, but the codified Town Code 4-6-3(B)(2) only sets a ceiling ('not to exceed seven hundred fifty six dollars ($756.00)'), with the actual annual figure fixed each year by Town Council as part of its budget process. This session did not locate the specific 2026 budget resolution reaffirming $756 as the operative (vs. a lower) figure for the current year; the two Town-facing pages corroborate $756 as currently in effect but a primary budget-resolution citation was not obtained.
- The FAQ page states the regulatory fee 'commences January 1, 2021,' which conflicts with the codified Town Code 4-6-3(B)(1), stating the fee began with licenses issued on or after January 1, 2022 (at $400/bedroom for 2022, rising to a ceiling of $756/bedroom from 2023 onward). The codified text (current through Ordinance No. 6, Series 2026) was treated as authoritative for the fee's start/structure; the FAQ's '2021' date appears to be an unrevised holdover from the original November 2021 ordinance (Ord. 29, Series 2021) that predates the September 2022 zone/cap rewrite (Ord. 28, Series 2022).
- A specific voter-approved 'short-term rental excise tax' (distinct from the existing 3.400% Town Accommodations Tax) was not found for Breckenridge; a 2020 Town Council proposal for a child-care-funded STR excise tax appeared in news search results but no evidence was found confirming it was ever placed on a ballot or passed. The 'Excise Fund' referenced on the Town's tax-rates page is an existing internal fund that receives allocated shares of the County's 2.000% sales tax and part of the Town's 3.400% Accommodations Tax — it is not a separate line-item tax charged to guests or hosts. Treat any claim of a distinct Breckenridge STR excise tax as unverified.
- No explicit platform strict-liability or per-violation penalty clause aimed at booking platforms (comparable to some other Colorado municipalities) was found within Breckenridge Town Code Chapter 4-6, sections 4-6-1 through 4-6-13 fetched this session; sections 4-6-12 (Rules and regulations), 4-6-14 through 4-6-16 (disciplinary hearing procedure and review-period reporting) were not individually fetched and could conceivably contain additional platform-facing provisions.
- No insurance requirement for Breckenridge accommodation unit licensees was found in the sections of Town Code Chapter 4-6 reviewed; this profile assumes none exists but did not exhaustively review every subsection (e.g., 4-6-12, 4-6-14 through 4-6-16) where one could theoretically appear.
- The federal court dismissal of a constitutional challenge to Breckenridge's STR cap ordinance (Colorado Politics, cited in sources[] as type 'news') was not independently verified against a court record or the Town's own legal-notices page; it is not asserted as fact in the main fields, only listed as background in sources[].
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Sources
- Accommodation Unit (Short Term Rentals) Licenses — Town of Breckenridge (main STR licensing page)
- Apply for a license or join a waitlist — Town of Breckenridge
- FAQ's — Accommodation Unit (Short Term Rentals) Licenses — Town of Breckenridge
- Historical Development of License Caps and Regulations — Town of Breckenridge
- License Availability, Current Licenses and Waitlists — Town of Breckenridge
- Sales and Accommodation Tax — Town of Breckenridge
- Tax Rates and Revenue Distributions — Town of Breckenridge
- 4-6-1 Definitions — Breckenridge Town Code (hosted by General Code)
- 4-6-2 License required — Breckenridge Town Code
- 4-6-3 Annual accommodation unit regulatory fee — Breckenridge Town Code
- 4-6-4 Criteria for a bedroom under the short-term rental regulations — Breckenridge Town Code
- 4-6-5 Creation of mapped areas; Limitation on concentration of licenses — Breckenridge Town Code
- 4-6-6 Special requirements of resort properties — Breckenridge Town Code
- 4-6-7 Wait list for new license applications — Breckenridge Town Code
- 4-6-9 Right of entry for inspections or investigations; Complaints — Breckenridge Town Code
- 4-6-10 Mitigation of health safety and secondary impacts — Breckenridge Town Code
- 4-6-11 Advertising requirements — Breckenridge Town Code
- 4-6-13 Fines; Penalties; Denial of license — Breckenridge Town Code
- Article IV Accommodation Unit Licensing — Breckenridge Administrative Rules and Regulations
- Breckenridge, Colorado, sets cap on short-term rental licenses — Avalara MyLodgeTax (background/discovery only)
- Federal judge dismisses constitutional challenge to Breckenridge short-term rental regulations — Colorado Politics
A markdown mirror of this page lives at /breckenridge-co.md for AI tools and researchers.
STRWatch publishes educational information about short-term rental regulation, verified against the official sources linked above as of the date shown. It is not legal advice, and rules change — a city can move between our verification passes. For decisions with money at stake, confirm with the authority linked above or a local attorney.