Clear Creek County 163 Permits: Clerks, Not Occupancy Ranking

Aug 3

12 min read

Updated: Aug 28

Ask five different short-term rental owners in Clear Creek County what the "163-permit cap" actually covers, and you'll likely get five different answers. Some think it applies to every rental in the county, including the ones inside Idaho Springs and Georgetown town limits. Others think it's just a rumor. Neither is quite right, and the gap between those two answers is exactly where hosts get themselves into trouble — either by assuming a permit exists where it doesn't, or by assuming a waitlist applies where it never did.

This is the numbers-first answer: where the 163 comes from, who it actually restricts, and how it interacts with the separate licensing systems that Idaho Springs and Georgetown run inside their own town limits. Here's the detail that actually resolves most of the confusion, and it's confirmed directly by the ordinance's own language and by both towns' municipal codes:the 4.5% cap and the 163-permit figure apply specifically to unincorporated Clear Creek County.Idaho Springs and Georgetown are both incorporated municipalities with home-rule or statutory authority over their own land use and business licensing, and each town runs its own separate short-term rental licensing process — layered on top of, not merged with, the county's system.

The Math Behind the 163-Permit Cap

The figure comes from Clear Creek County's Ordinance No. 19, adopted by the Board of County Commissioners in December 2024 and now administered through the county's Short-Term Rental Program. The rule is straightforward on paper: no more than 4.5% of the total number of residential units in unincorporated Clear Creek County may hold a Non-Primary Residence STR permit in any given year.

The county's Planning and Building Services Department counted 3,606 residential units in the unincorporated county. Run that through the formula — 3,606 × 0.045 — and the result is 162.27, which the county rounds to 163 permits available for issuance in 2026, per its official Short-Term Rentals page. That's not a soft target or a planning goal; it's a hard ceiling written into the ordinance. Once all 163 non-primary permits are issued in a given cycle, the county opens a waitlist rather than issuing more. Permits are issued annually and require a Building Official inspection; the county's published fee for an annual STR permit is $250, per its official FAQ page. (Renewal timing can shift as the county continues to refine its STR program, so confirm the current renewal date directly with the county before applying.).

It's worth sitting with how tight that number is. Clear Creek County stretches from the I-70 corridor near Idaho Springs up through Georgetown and Silver Plume into the high country around Guanella Pass — a huge geographic footprint for a cap that, in absolute terms, wouldn't fill a single mid-size condo building in a resort town like Breckenridge. For hosts and investors weighing whether to buy a second home here specifically to rent it out, 163 is the number that determines whether that plan is even viable in the unincorporated county, separate from anything happening inside the two incorporated towns.

What "Non-Primary Residence" Actually Means

The cap only touches one category of STR permit, and understanding that category is the whole ballgame. Primary-residence hosts get two sub-options: a "seasonal" license that allows renting the entire home for up to 120 days a year, or an "occupied" license that allows renting only a portion of the home while the owner lives there full-time. Idaho Springs' municipal code (Chapter 9, short-term rental licensing, cross-referenced in its zoning ordinance) also defines a short-term rental as a primary residence or portion of one used for stays under thirty days — language that puts real weight on owner occupancy as a threshold consideration for licensing in-town, distinct from how the county treats primary versus non-primary status for its own permit.

Clear Creek County's ordinance splits STR permits into two tracks. Aprimary residencepermit goes to an owner who occupies the home as their usual place of return for at least nine months of the calendar year, and who can document that with ownership records, a controlling business interest, or trust beneficiary status. Primary-residence hosts get two sub-options: a "seasonal" license that allows renting the entire home for up to 120 days a year, or an "occupied" license that allows renting only a portion of the home while the owner lives there full-time. Neither of these primary-residence paths counts against the 163-permit cap.

Anon-primary residencepermit is everything else — the classic second-home, investment-property, or out-of-state-owner scenario, where nobody treats the unit as their nine-month home base. These permits have no owner-occupancy requirement, which is exactly why the county capped them: uncapped, non-primary rentals are the category most likely to convert long-term workforce housing stock into full-time vacation inventory. This is the permit type competing for one of the 163 available slots, and it's the one that goes on a waitlist once the cap is hit.

In practice, that means the math looks very different depending on who's asking. A local resident who wants to rent out a spare room, or list their own house for part of the year while they still live in it, is not fighting for a scarce slot. An investor buying a cabin near Idaho Springs purely as a rental — never living in it — is competing directly against every other applicant for a finite, shrinking pool of non-primary permits in the unincorporated county.

County Cap vs. Town Permits: Where Idaho Springs and Georgetown Fit

Here's the detail that actually resolves most of the confusion, and it's confirmed directly by the ordinance's own language and by both towns' municipal codes:the 4.5% cap and the 163-permit figure apply specifically to unincorporated Clear Creek County.Idaho Springs and Georgetown are both incorporated municipalities with home-rule or statutory authority over their own land use and business licensing, and each town runs its own separate short-term rental licensing process — layered on top of, not merged with, the county's system.

That means a property physically located inside Idaho Springs' or Georgetown's town limits is not drawing from the county's 163-permit pool at all. It's subject to whatever cap, license structure, and eligibility rules that specific town has adopted on its own. A property in the unincorporated county — the areas outside both towns' boundaries, including much of the land along the US-40/Guanella Pass corridor and outlying subdivisions — is the one governed by the 4.5% rule.

For anyone shopping for an investment property in this cluster, that distinction should be one of the first things checked, before the county's non-primary waitlist status is even relevant. A parcel a quarter-mile inside Idaho Springs city limits plays by entirely different rules than a comparable parcel just outside them. The practical read for anyone chasing an Idaho Springs short-term rental permit: check the current number of active licenses against that fifteen-license ceiling before assuming a slot is open, and don't assume the county's non-primary waitlist status has any bearing on availability inside town limits — it doesn't.

Idaho Springs' Own License Ceiling

Idaho Springs has required a city-issued short-term rental license since November 2018, and its rules are notably stricter in one specific way: the town caps the *total* number of licensed short-term rentals citywide at fifteen. That's a flat numeric ceiling on the whole town's STR inventory, not a percentage-of-housing-stock formula, and it sits well below what a 4.5%-style cap would generate for a town Idaho Springs' size.

Idaho Springs' municipal code (Chapter 9, short-term rental licensing, cross-referenced in its zoning ordinance) also defines a short-term rental as a primary residence or portion of one used for stays under thirty days — language that puts real weight on owner occupancy as a threshold consideration for licensing in-town, distinct from how the county treats primary versus non-primary status for its own permit track. Licenses are non-transferable and tied to both the property and the license holder.

The practical read for anyone chasing an Idaho Springs short-term rental permit: check the current number of active licenses against that fifteen-license ceiling before assuming a slot is open, and don't assume the county's non-primary waitlist status has any bearing on availability inside town limits — it doesn't. Clear Creek County's Short-Term Rentals page and the town clerk's offices in both Idaho Springs and Georgetown are the accurate, current source for waitlist status, active license counts, and application timelines — all of which shift throughout the year.

Georgetown's Separate Business-License Process

Georgetown's approach, laid out in Chapter 5.28 of its municipal code, runs through the town's standard business-licensing framework rather than a numeric-cap formula. Every short-term rental operator needs a current town business license specific to that property, renewed annually, with the license number required in all listing advertising across platforms like Airbnb and VRBO. Georgetown also requires that owners hold title to the property for two years before applying for a Georgetown CO STR license, and mandates a designated owner-representative based within Clear Creek County who can respond in person or by phone within sixty minutes during any period the property is actively hosting guests.

Georgetown updated its short-term rental regulations effective July 1, 2024, building on ordinances first adopted in 2020. As with Idaho Springs, none of this routes through or counts against the county's 163-permit, 4.5% non-primary cap — a Georgetown property owner is dealing entirely with the town's own density rules, application requirements, and licensing office. This is the numbers-first answer: where the 163 comes from, who it actually restricts, and how it interacts with the separate licensing systems that Idaho Springs and Georgetown run inside their own town limits.

What This Means If You're Buying or Already Operating

Put together, the practical sequence for any owner or prospective buyer in this cluster looks like this: first, confirm whether the parcel sits inside Idaho Springs, inside Georgetown, or in the unincorporated county — that single fact determines which rulebook applies. Second, if it's unincorporated county land, confirm primary-versus-non-primary status, since only non-primary permits draw against the 163-permit pool and its waitlist. Third, if it's inside either town, the relevant constraints are Idaho Springs' fifteen-license citywide ceiling or Georgetown's two-year ownership requirement and business-license process — neither of which cares about the county's percentage formula at all.

Clear Creek County has also signaled that Ordinance 19 itself isn't necessarily final. The county's Planning and Building Services Department has been gathering public input through 2026 on whether further updates are needed to balance workforce housing availability against the STR program, with revisions anticipated for board review later in the year. Anyone with a permit riding on the current 163-slot structure should treat that as a program still under active review, not a fixed number locked in forever.

None of this replaces a direct conversation with the relevant office. Clear Creek County's Short-Term Rentals page and the town clerk's offices in both Idaho Springs and Georgetown are the accurate, current source for waitlist status, active license counts, and application timelines — all of which shift throughout the year. As with Idaho Springs, none of this routes through or counts against the county's 163-permit, 4.5% non-primary cap — a Georgetown property owner is dealing entirely with the town's own density rules, application requirements, and licensing office.

Keep going on Crest & Cove:the Crest & Cove intro·local SEO keywords that actually book·the five elements of a converting hero·how to compare STR marketing agencies·Asheville paddling spots worth the drive·this cluster against named-town AirROI pins·Destin against AirROI, not leftover year·prior cluster against AirROI pins. This guide was produced by the Crest & Cove Creative editorial team, which researches short-term rental regulation, permitting, and market positioning across mountain and coastal destinations nationwide.

Work with Crest & Cove Creative

Peak occupancy is not the year. Named-town AirROI pins only.crestcove.coor(256) 998-7502.

Regulatory complexity like this — a county cap layered under two separate town licensing systems — is exactly the kind of detail that gets lost in generic STR marketing, and it's exactly the kind of detail that builds trust with search engines and AI answer tools when it's covered accurately. If you operate a short-term rental in Clear Creek County and want your marketing to reflect the real rules instead of a copy-paste summary, start with a free, no-obligation look at where your listing content stands today atcrestcove.co. Prefer to talk it through? Call(256) 998-7502. Reach out at crestcove.co or (256) 998-7502.

Frequently Asked Questions

Does the Clear Creek County 163-permit cap apply to properties inside Idaho Springs or Georgetown?

The 4.5% cap and the resulting 163-permit figure apply only to unincorporated Clear Creek County. Idaho Springs and Georgetown are incorporated towns that administer their own separate short-term rental licensing systems, and properties inside either town's limits are not counted against the county's non-primary permit pool. Here's the detail that actually resolves most of the confusion, and it's confirmed directly by the ordinance's own language and by both towns' municipal codes:the 4.5% cap and the 163-permit figure apply specifically to unincorporated Clear Creek County.Idaho Springs and Georgetown are both incorporated municipalities with home-rule or statutory authority over their own land use and business licensing, and each town runs its own.

How was the number 163 calculated?

Clear Creek County multiplied its count of 3,606 total residential units in the unincorporated county by 4.5%, producing roughly 162.3, which the county rounds to 163 available Non-Primary Residence STR permits for the 2026 program year. The rule is straightforward on paper: no more than 4.5% of the total number of residential units in unincorporated Clear Creek County may hold a Non-Primary Residence STR permit in any given year.

What's the difference between a primary and non-primary residence STR permit in Clear Creek County?

A primary residence permit requires the owner to occupy the home as their main residence at least nine months a year, documented through ownership and residency records; these permits are not subject to the 4.5% cap. A non-primary residence permit has no occupancy requirement and is the category restricted to 163 available slots countywide, with a waitlist once the cap is reached.

Is there a separate cap on Idaho Springs short-term rental permits?

Idaho Springs limits the total number of licensed short-term rentals citywide to fifteen, a flat number set in the town's own municipal code rather than a percentage-based formula, and unrelated to the county's non-primary residence cap. Idaho Springs has required a city-issued short-term rental license since November 2018, and its rules are notably stricter in one specific way: the town caps the *total* number of licensed short-term rentals citywide at fifteen.

Does Georgetown have a numeric cap on STR licenses like the county does?

Georgetown's ordinance, found in Chapter 5.28 of its municipal code, doesn't use a percentage-of-housing-stock cap the way the county does. Instead it requires a renewable town business license per property, two years of prior ownership before applying, and a locally based owner-representative available within sixty minutes during hosting periods. Georgetown also requires that owners hold title to the property for two years before applying for a Georgetown CO STR license, and mandates a designated owner-representative based within Clear Creek County who can respond in person or by phone within sixty minutes during any period the property is actively hosting guests.

What happens once the county's 163 non-primary permits are all issued?

Additional non-primary residence applicants are placed on a waitlist rather than being issued a permit, and permits are only released as existing ones lapse, are revoked, or come up for their annual renewal. Once all 163 non-primary permits are issued in a given cycle, the county opens a waitlist rather than issuing more. Second, if it's unincorporated county land, confirm primary-versus-non-primary status, since only non-primary permits draw against the 163-permit pool and its waitlist.

Is the 163-permit cap likely to change?

Clear Creek County has been collecting public input through 2026 on potential updates to Ordinance 19, weighing workforce housing availability against the STR program's structure, with any revisions expected to go before the Board of County Commissioners for review later in the year. The county's Planning and Building Services Department has been gathering public input through 2026 on whether further updates are needed to balance workforce housing availability against the STR program, with revisions anticipated for board review later in the year.

If I buy a second home near Idaho Springs but outside town limits, which rules apply — the county's or the town's?

Property located in unincorporated Clear Creek County, even if it's a short drive from downtown Idaho Springs, falls under the county's primary/non-primary permit structure and the 163-permit cap rather than Idaho Springs' own fifteen-license municipal system, which only governs parcels inside the town's official boundaries. The practical read for anyone chasing an Idaho Springs short-term rental permit: check the current number of active licenses against that fifteen-license ceiling before assuming a slot is open, and don't assume the county's non-primary waitlist status has any bearing on availability inside town limits — it doesn't.

About the Authors

This guide was produced by the Crest & Cove Creative editorial team, which researches short-term rental regulation, permitting, and market positioning across mountain and coastal destinations nationwide. Our team cross-references primary sources — ordinance text, county and municipal program pages, and public meeting records — before publishing any regulatory figure, and we revisit posts like this one as local rules change.