Commission approves short-term rental rule change to 3 miles and adds liability disclaimer

Garfield County commissioners voted to amend the county's short-term rental ordinance, replacing a 1-mile limit with a standard measured by vehicle travel and expanding the allowable distance to 3 miles from a paved or chip-sealed public roadway. The board also approved language stating the county shall not be held liable for incidents or damages if a person becomes stuck on a county road while attempting to access a short-term rental, and retained a $1,000 fine for owners if county crews must retrieve stranded guests.

The change responded to a planning commission recommendation after an applicant sought to operate a short-term rental on Elkhorn Road, a location staff described as mainly unimproved two-track roadway that can become impassable in wet seasons. Planning staff said the applicant's measurement of distance “as the crow flies” differed from the county's intent to measure distance by vehicle travel. As one staff member summarized the applicant's account: “she claims that she was aware of that language and she just measured it as the crow flies from 89 to her house” (Unidentified Speaker 5).

Commissioners debated public-safety and liability risks, noting that some remote roads turn into rutted ditches in spring thaw. A county road official cautioned: “If it rains an inch, it's gonna be impossible to get out there” (Unidentified Speaker 4). Supporters of the planning commission's recommendation argued the 1-mile rule was too restrictive for many county roads; planning recommended the 3-mile standard unanimously.

The motion to adopt the amendment was made on the record by Unidentified Speaker 3 and seconded by Unidentified Speaker 6; the board approved the amendment after voice votes, with one commissioner recorded as opposed. Commissioners instructed staff to finalize clarifying language for distance ("distance traveled by vehicle"), to add precise liability and enforcement definitions (stuck/stranded/disabled) and to return revised ordinance language to planning and zoning for implementation. The board also asked that the liability/disclaimer be made available to property owners prior to renting.

Why it matters: the change enlarges the geographic area where short-term rentals can operate in Garfield County while explicitly shifting some liability and practical responsibility to rental owners and guests. County staff and commissioners said the amendment is intended to balance private-property rights and the county's limited road-maintenance resources, while clarifying enforcement expectations.

What's next: staff will incorporate the vehicle-distance measurement and liability language into the ordinance text and return it to planning and zoning for final drafting and publication. The amendment, as discussed, will not retroactively affect existing, approved vacation rentals.