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Pennington County gives property owner 60 days to resolve unlicensed vacation rentals and building-permit issues

Pennington County Board of Commissioners · April 8, 2026
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Summary

County staff found a vacation-home rental operating without the required county license and with incomplete building and electrical permits. Owner Frank Mosier said he was working to correct plumbing and permit gaps and had taken listings down; commissioners set a 60‑day compliance period and warned further enforcement could include fines or other action.

Pennington County planning and zoning enforcement brought a violation concerning a vacation-home rental near New Underwood that had been listed on multiple booking platforms without a county license and with incomplete building and electrical permits. Dwayne Allen (ordinance enforcement) recounted the investigation; the county had sent cease-and-desist notices after verifying listings on VRBO and similar platforms.

Owner Frank Mosier told the board he believed earlier work and records from prior owners complicated his ability to secure permits, and he said he repeatedly tried to pull the online listings when staff requested cessation. Mosier described septic and electrical irregularities that predate his ownership; he said he spent months trying to secure contractors and that some bookings placed before the county’s notices resulted in residual reviews and reservations appearing online despite his efforts to stop activity.

Planning staff and commissioners noted the county ordinance establishes a penalty of $250 per day for operation after notice, but the county historically has used a single fine or negotiated compliance. Commissioners weighed enforcement options and, after hearing that the property’s unauthorized living space likely exceeds the county’s ADU limit, agreed to give the owner 60 days to pursue corrective steps: remove commercial listings, work with staff to resolve building/electrical permits, pursue any necessary platting or rezoning if the living unit exceeds accessory limits, and coordinate with equalization on assessment changes. The motion to give a 60-day compliance timeframe passed unanimously.

What’s next: Owner will work with planning staff and equalization to document a path to lawful occupancy — options include reducing the living unit to an ADU-size limit (700 sq ft), filing for a conditional use permit, or pursuing other remedies. Staff will follow up; the board left open the option of fines or additional enforcement if compliance is not achieved within 60 days.