Is a short-term rental legal in Hilton Head Island, SC?
Hilton Head Island allows both hosted and unhosted whole-home short-term rentals (stays under 30 days) island-wide; there is no zoning-based ban, though the Town is assessing a possible moratorium on new STR developments as of mid-2025 (proposed, not enacted).
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The Short-Term Rental Ordinance (Town Code Title 10, Chapter 2, repealed and replaced by Town Council on Oct. 21, 2025) applies to privately owned residential property (condos, villas, single-family homes) rented for fewer than 30 days; SC ATAX registration applies to stays under 90 days. No town-wide zoning ban was found on official pages. Town Council directed removal of the ordinance's occupancy cap in October 2025 (effective for permits issued from May 1, 2026); the Town's current permit-requirements, permit, and FAQ pages list no numeric occupancy figure. Occupancy, location, and land-use questions were explicitly deferred to the ongoing Land Management Ordinance rewrite (LMO Task Force convened Jan. 6, 2026). A possible moratorium on new STR developments is in an assessment phase only (see pending_changes) and is not in effect. Private HOA/gated-community covenants (e.g., Sea Pines, Palmetto Dunes, Hilton Head Plantation) may separately restrict or ban STRs even where Town law permits them; those are private contractual rules, not Town ordinance, and are not scored here.
What you need to operate
The full picture
Hilton Head Island allows both hosted and unhosted whole-home short-term rentals (stays under 30 days) island-wide; there is no zoning-based ban, though the Town is assessing a possible moratorium on new STR developments as of mid-2025 (proposed, not enacted). Every host must hold an annual Town Short-Term Rental Permit costing $150 per bedroom per year (changed from a flat $250/year, effective with the ordinance's March 31, 2026 second reading; permit year runs May 1-April 30, with a $250 late fee after May 15) plus a separate Town Business License ($10 non-refundable application fee, plus a license tax based on gross rental revenue). Properties of 3,600 sq ft or larger must have a compliant fire-suppression or UL-monitored fire-alarm system with sirens, smoke detectors in every bedroom/floor/egress path (added October 2025), and driveway parking is capped at 6 vehicles. Town Council removed the ordinance's numeric occupancy cap in October 2025 (effective for permits from May 1, 2026), deferring occupancy/location standards to an ongoing Land Management Ordinance rewrite. Total tax on a booking is 10%: 5% SC state sales tax + 2% SC state accommodations tax (both collected and remitted by Airbnb/Vrbo when they process the full booking, per SC DOR) plus the Town's own 1% local accommodations tax + 2% Beach Preservation Fee (the property owner/agent is generally responsible for collecting and remitting the Town's 3% unless using a licensed property manager). Violations can draw administrative fines and permit revocation after repeated citations, backed by a 24/7 STR Rapid Response Hotline (843-341-6864) and expanded code-enforcement staff added in the Town's 2026 program expansion; specific fine dollar amounts could not be verified against an official source this session. Many gated communities and HOAs on the island impose their own private covenant restrictions on STRs, separate from and in addition to Town law.
Taxes on guests & hosts
| Tax | Rate | Applies to | Platform collects | Official source |
|---|---|---|---|---|
| SC State Sales Tax | 5% | Gross rental charge for accommodations | Yes | source |
| SC State Accommodations Tax | 2% | Gross rental charge for accommodations | Yes | source |
| Town of Hilton Head Island Local Accommodations Tax | 1% | Rental of rooms/lodgings/accommodations to transients for stays under 90 days | Not verified | source |
| Town of Hilton Head Island Beach Preservation Fee | 2% | Rental of rooms/lodgings/accommodations to transients for stays under 90 days | Not verified | source |
Enforcement
Pending changes
- The Town is assessing a potential moratorium on new short-term rental, timeshare, and major subdivision developments, listed as a first-year action item in the FY2026-2028 Strategic Action Plan. — proposed, 2025-07-15 [official]
- Occupancy, location, and land-use standards for short-term rentals (removed from the STR ordinance in October 2025) are slated to be addressed through the Town's Land Management Ordinance rewrite, being guided by a 21-member LMO Task Force that held its first meeting January 6, 2026. — proposed, 2026-01-06 [official]
What we could not verify (6)
- Could not verify the exact ordinance number/full codified text of the Short-Term Rental Ordinance (Town Code Title 10, Chapter 2, per council action Oct. 21, 2025). library.municode.com bot-walled both the codified Code of Ordinances and the 'munidocs' version of this ordinance with a Cloudflare captcha every attempt this session (direct WebFetch and curl with a browser user-agent both blocked); the Wayback Machine was also temporarily offline when checked. Relied on the Town's own STR program pages instead.
- Occupancy limit: Town Council directed removal of the STR ordinance's numeric occupancy cap in October 2025 (effective for permits from May 1, 2026); the Town's current permit, requirements, and FAQ pages list no occupancy figure, but the full ordinance text could not be read (see municode bot-wall above) to confirm no substitute occupancy standard exists.
- Could not confirm or rule out whether any specific Land Management Ordinance zoning district imposes additional restrictions on short-term rentals beyond the town-wide STR permit ordinance; the Town has explicitly deferred occupancy/location/zoning questions to the ongoing LMO rewrite.
- Exact Town business-license tax rate/bracket schedule applied to short-term rental gross revenue was not available on the pages accessible this session (only the $10 non-refundable application fee and the fact that tax is based on gross revenue were confirmed); the official fee-schedule PDF returned as unreadable binary content.
- Whether Airbnb/Vrbo automatically collect and remit the Town's 3% local Accommodations Tax/Beach Preservation Fee on the host's behalf is unclear: the Town's own permit-requirements page implies the owner/agent is responsible for collecting and submitting this tax unless using a licensed property manager, while Airbnb's own help-center documentation claims it collects local Hilton Head Island taxes automatically for its listings. SC state-level 5%+2% collection by platforms is confirmed via SC DOR guidance.
- The specific escalating violation-fine schedule ($250 first offense / $500 second / $1,000 third-plus, resetting after 12 violation-free months) is reported by trade-press/news sources but could not be verified against an official Town ordinance text or fee schedule this session.
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Sources
- Short-Term Rental Ordinance - Town of Hilton Head Island
- Short-Term Rental Permit Requirements - Town of Hilton Head Island
- Short-Term Rental Permit - Town of Hilton Head Island
- Short-Term Rental Frequently Asked Questions - Town of Hilton Head Island
- Steps to Operate a Short-Term Rental Property - Town of Hilton Head Island
- Short-Term Rental Property Owner Center - Town of Hilton Head Island
- Accommodations Tax and Beach Preservation Fee - Town of Hilton Head Island
- Business License - Town of Hilton Head Island
- Hilton Head Island Advances Next Phase of Short-term Rental Program
- Hilton Head Island Advances Next Phase of Short-Term Rental Program (Town Council Update)
- Town Council Update - Strategic Action Plan FY2026-2028
- Land Management Ordinance (LMO) Amendments Plan - Town of Hilton Head Island
- Accommodations - South Carolina Department of Revenue
- Accommodations Tax Board (2% State) - Beaufort County, SC
- Hilton Head Island tightens short-term rental rules for 2026: What hosts need to know
- Hilton Head council approves first reading of revised short-term rental rules, removes occupancy cap and narrows alarm requirement
- Hilton Head Island strengthens short-term rental enforcement with new fines
A markdown mirror of this page lives at /hilton-head-island-sc.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.