Town of Walton adopts Local Law 2, sets permit, safety and occupancy rules for short-term rentals

The Town Board of the Town of Walton adopted Local Law No. 2 of 2024 on Aug. 5, enacting a permit regime and safety standards for transient rental units within the town.

The law, introduced at the board meeting and adopted by roll call, requires owners of units rented for 30 days or fewer to obtain a nonrefundable annual transient rental permit, pass a Code Enforcement Officer inspection for fire and safety compliance, and post specified house rules and emergency contact information. The board cited increased tourism and the need to protect occupants and neighbors as the purpose of the law.

At a brief public hearing before the vote, resident Bob Pagliuca asked whether the law would apply to properties inside the Village of Walton; the board clarified it applies only to property within the Town of Walton. Pagliuca also asked the board to consider removing the requirement that a copy of the permit be displayed inside the dwelling and in a window visible from the street, saying he worried visible permits could signal vacancies and invite break‑ins. Attorney Carly Walas and Planning Board Chairman Gale Neale responded that long‑term rentals remain subject to New York State building codes and that the proposed short‑term regulations are intended to address different concerns for transient occupants.

Key provisions of the adopted law include: a definition of a "Transient Rental Unit" as a dwelling rented for 30 days or less (excluding motels, hotels and bed & breakfasts); a requirement that a named local manager live within 20 miles of the town and be able to respond in person within one hour to emergencies; submission of a floor plan or room description and a property plat with applications; limits on occupancy generally set at two persons over age two per bedroom unless restricted by fire or safety codes; mandatory posting of house rules and emergency contact information; requirements for off‑street parking; and fire‑safety standards (hard‑wired or approved Wi‑Fi alarms with cellular backup and kitchen fire extinguishers).

The law authorizes the Code Enforcement Officer (CEO) to issue permits, investigate complaints submitted in writing to the Town Clerk, require corrective action and, where necessary, revoke permits or pursue criminal and civil enforcement. Penalties are tiered: a first offense may be punished by up to $350 in fines and/or up to six months’ imprisonment; subsequent offenses (within five years) carry higher fines (up to $1,000 for a third or subsequent offense) and potential imprisonment. The law also permits the town to recover enforcement costs, including attorneys’ fees, and to place such expenses on the property tax levy for the affected dwelling.

The board adopted the law by voice/roll call. Supervisor Joseph Cetta, Councilman Kevin Armstrong and Councilman Leonard Govern voted "Aye." Councilwoman Patricia Wood and Councilman Luis Rodrigue‑Betancourt were recorded as absent. The law takes effect immediately.

The town clerk and code enforcement office will administer the new application and renewal process; the CEO has 45 days to act on an initial application (failure to act constitutes approval unless an extension is agreed). The law also requires applicants to provide proof of liability insurance and a bed‑tax identification number, and to notify adjacent property owners by first‑class mail of proposed transient rental permits and manager contact information.

Implementation notes: the law ties occupancy limits to the Uniform Code and, where on‑site septic systems are used, to septic capacity as determined by the CEO. House rules must be approved by the CEO and included in any advertisement for the rental. Complaints must be written and delivered to the Town Clerk; the CEO will investigate and issue notices specifying required corrective action and deadlines.

The town referenced Municipal Home Rule Law and the Town Law of New York as the authority for the local regulation. The town did not specify an ordinance number beyond "Local Law No. 2 of 2024."