Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 256 (2025GS)

Sponsor

Rep. Walter, R. Neil

Final action

Governor Signed 3/19/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms and modifies definitions;
• clarifies that a municipality or county that regulates short-term rentals may use a listing or offering on a short-term rental website as evidence that a short-term rental took place so long as the municipality or county has additional information to support its position that an owner or lessee violated a municipality or county ordinance;
• provides that a municipality or county may require the owner of a short-term rental to obtain a business license or other permit from the municipality or county to operate a short-term rental in the municipality or in an unincorporated area of the county;
• provides that a municipality or county may request a short-term rental website remove a listing or offering that violates business licensing requirements or zoning requirements;
• provides that a municipality or county that imposes transient room tax on short-term rentals may provide a listing or offering on a short-term rental website to the county auditor as evidence that a short-term rental owner or lessee may be subject to the transient room tax; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

12
10-8-85.4
17-50-338
0
Municipal and County Zoning Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: R. Neil Walter
Senate Sponsor: Evan J. Vickers
Cosponsor:
Paul A. Cutler
LONG TITLE
General Description:
This bill modifies provisions related to the authority of municipalities and counties 
regarding short-term rentals. 
Highlighted Provisions:
This bill:
defines terms and modifies definitions;
clarifies that a municipality or county that regulates short-term rentals may use a listing or 
offering on a short-term rental website as evidence that a short-term rental took place so 
long as the municipality or county has additional information to support its position that 
an owner or lessee violated a municipality or county ordinance;
provides that a municipality or county may require the owner of a short-term rental to 
obtain a business license or other permit from the municipality or county to operate a 
short-term rental in the municipality or in an unincorporated area of the county;
provides that a municipality or county may request a short-term rental website remove a 
listing or offering that violates business licensing requirements or zoning requirements;
provides that a municipality or county that imposes transient room tax on short-term 
rentals may provide a listing or offering on a short-term rental website to the county 
auditor as evidence that a short-term rental owner or lessee may be subject to the 
transient room tax; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-8-85.4
, as last amended by Laws of Utah 2021, Chapter 102
17-50-338
, as last amended by Laws of Utah 2021, Chapter 102
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
10-8-85.4
 is amended to read:
10-8-85.4
. Ordinances regarding short-term rentals -- Prohibition on ordinances 
restricting speech on short-term rental websites -- Evidence of short-term rental -- 
Removing a listing.
(1)
As used in this section:
(a)
"Internal accessory dwelling unit" means the same as that term is defined in Section 
10-9a-511.5
.
(b)
"Permit number" means a unique identifier issued by a municipality and may include 
a business license number.
(c)
"Request" means a formal inquiry made by a municipality to a short-term rental 
website that is not a legal requirement.
(b)
(d)
"Residential unit" means a residential structure or any portion of a residential 
structure that is occupied as a residence.
(c)
(e)
"Short-term rental" means a residential unit or any portion of a residential unit 
that the owner of record or the lessee of the residential unit offers for occupancy for 
fewer than 30 consecutive days.
(d)
(f)
"Short-term rental website" means a website
 or other digital platform
 that:
(i)
allows a person to offer a short-term rental to one or more prospective renters; and
(ii)
facilitates the renting of, and payment for, a short-term rental.
(g)
"URL" means uniform resource locater.
(2)
Notwithstanding Section 
10-9a-501
 or Subsection 
10-9a-503(1)
, a legislative body may 
not:
(a)
enact or enforce an ordinance that prohibits an individual from listing or offering a 
short-term rental on a short-term rental website; or
(b)
use an ordinance that prohibits the act of renting a short-term rental to fine, charge, 
prosecute, or otherwise punish an individual solely for the act of listing or offering a 
short-term rental on a short-term rental website.
(3)
If a municipality regulates short-term rentals, Subsection (2)(b) does not prevent the 
municipality from using a listing or offering of a short-term rental on a short-term rental 
website as evidence that a short-term rental took place so long as the municipality has 
additional information to support the position that an owner or lessee violated a 
municipal ordinance.
(4)
A municipality may adopt an ordinance requiring the owner or lessee of a short-term 
rental to obtain a business license or other permit from the municipality before operating 
a short-term rental within the municipality.
(5)
(a)
A municipality may not regulate a short-term rental website.
(b)
If a municipality allows short-term rentals within a portion of or all residential or 
commercial zones in the municipality, the municipal legislative body may request a 
short-term rental website to remove a short-term rental listing or offering from the 
short-term rental website after notice from the municipality, as described in 
Subsection 
(6)
, only if the short-term rental is operating in violation of business 
license requirements or zoning requirements.
(6)
A municipality that provides a notice to a short-term rental website that a short-term 
rental within the municipality is in violation of the municipality's business licensing 
requirements or zoning requirements shall identify in the notice:
(a)
the listing or offering to be removed by the listing's offering's URL; and
(b)
the reason for the requested removal.
(7)
If a legislative body imposes transient room tax on the rental of rooms in hotels, motels, 
inns, trailer courts, campgrounds, tourist homes, and similar accommodations for stays 
of less than 30 consecutive days as authorized by Section 
59-12-352
 or 
59-12-353
:
(a)
the municipality may provide the listing or offering of a short-term rental on a 
short-term rental website to the county auditor as evidence that the owner or lessee of 
a short-term rental may be subject to the transient room tax; and
(b)
the county auditor may utilize the listing or offering of a short-term rental on a 
short-term rental website when making a referral to the State Tax Commission, as 
described in Section 
59-12-302
.
(3)
(8)
Subsection 
(2)
 does not apply to an individual who lists or offers an internal 
accessory dwelling unit as a short-term rental on a short-term rental website if the 
municipality records a notice for the internal accessory dwelling unit under Subsection 
10-9a-530(6)
.
Section 2, Section 
17-50-338
 is amended to read:
17-50-338
. Ordinances regarding short-term rentals -- Prohibition on 
ordinances restricting speech on short-term rental websites -- Evidence of short-term 
rental -- Removing a listing.
(1)
As used in this section:
(a)
"Internal accessory dwelling unit" means the same as that term is defined in Section 
10-9a-511.5
.
(b)
"Permit number" means a unique identifier issued by a county and may include a 
business license number.
(c)
"Request" means a formal inquiry made by a county to a short-term rental website 
that is not a legal requirement.
(b)
(d)
"Residential unit" means a residential structure or any portion of a residential 
structure that is occupied as a residence.
(c)
(e)
"Short-term rental" means a residential unit or any portion of a residential unit 
that the owner of record or the lessee of the residential unit offers for occupancy for 
fewer than 30 consecutive days.
(d)
(f)
"Short-term rental website" means a website
 or other digital platform
 that:
(i)
allows a person to offer a short-term rental to one or more prospective renters; and
(ii)
facilitates the renting of, and payment for, a short-term rental.
(g)
"URL" means uniform resource locater.
(2)
Notwithstanding Section 
17-27a-501
 or Subsection 
17-27a-503(1)
, a legislative body 
may not:
(a)
enact or enforce an ordinance that prohibits an individual from listing or offering a 
short-term rental on a short-term rental website; or
(b)
use an ordinance that prohibits the act of renting a short-term rental to fine, charge, 
prosecute, or otherwise punish an individual solely for the act of listing or offering a 
short-term rental on a short-term rental website.
(3)
If a county regulates short-term rentals, Subsection 
(2)(b)
 does not prevent the county 
from using a listing or offering of a short-term rental on a short-term rental website as 
evidence that a short-term rental took place so long as the county has additional 
information to support the position that a property owner or lessee violated a county 
ordinance.
(4)
A county may adopt an ordinance requiring the owner or lessee of a short-term rental to 
obtain a business license or other permit from the county before operating a short-term 
rental within an unincorporated area of the county.
(5)
(a)
A county may not regulate a short-term rental website.
(b)
If a county allows short-term rentals within a portion of or all residential or 
commercial unincorporated zones in the county, the legislative body of a county may 
only request a short-term rental website to remove a short-term rental listing or 
offering from the short-term rental website after notice from the county, as described 
in Subsection (5), only if the short-term rental is operating in violation of business 
license requirements or zoning requirements.
(6)
A county that provides a notice to a short-term rental website that a short-term rental 
within the unincorporated county is in violation of the county's business licensing 
requirements or zoning requirements shall identify in the notice:
(a)
the listing or offering to be removed by the listing's or offering's URL; and
(b)
the reason for the requested removal.
(7)
If a legislative body imposes transient room tax on the rental of rooms in hotels, motels, 
inns, trailer courts, campgrounds, tourist homes, and similar accommodations for stays 
of less than 30 consecutive days as authorized by Section 
59-12-301
:
(a)
the county may utilize a listing or offering of a short-term rental on a short-term 
rental website as evidence that the owner or lessee of a short-term rental may be 
subject to the transient room tax; and
(b)
the county auditor may utilize the listing or offering of a short-term rental on a 
short-term rental website when making a referral to the State Tax Commission, as 
described in Section 
59-12-302
.
(8)
Subsection 
(2)
 does not apply to an individual who lists or offers an internal accessory 
dwelling unit as a short-term rental on a short-term rental website if the county records a 
notice for the internal accessory dwelling unit under Subsection 
17-27a-526(6)
.
Section 3. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-12-25 12:46 PM