The Clackamas Board of County Commissioners (BCC) began the process of
repealing county code that would establish a short-term rental (STR)
registration program and business regulations for short-term rentals in
unincorporated Clackamas County at a May 10 meeting.

The repeal of the county code will not impact the zoning and development
ordinance (ZDO) that allow STRs in the county.

The county code regarding the registration program and business regulations
has not been enforced since the program was established in July of 2021 due
to the BCC delaying implementing a registration fee for the program
necessary to fund the two full-time county employees needed to run the
program.

“It became clear that this current board was not interested in implementing
the fee,” Assistant County Counsel Nate Boderman said.

The BCC voted to delay implementing action on establishing the fees needed
to run the program until May 2022. At a May 4 policy session, the board voted
to once again delay action until 2023.

Then, at a May 10 policy issue meeting the board approved County Counsel
Stephen Madkour’s recommendation to proceed with the process to repeal the

portion of county code, Section 8.10, that establishes the registration and
business regulations for STRs.

Counsel recommended a repeal because the program has not been funded
and as a result the regulatory components are not being enforced.
“I wasn’t crazy about having regulations on the books that weren’t going to be
enforced,” Boderman said.

In addition to striking down the registration fee, STR owners will not be
required to register with the county or provide information regarding contact
in case of complaints, proof of insurance, or an affidavit of compliance with
safety standards. STRs will also not be subject to requirements for maximum
occupancy, off-street parking, garbage pick-up and noise and safety
requirements not covered under existing county ordinance.
The work completed since spring of 2019 by county staff establishing a
registration program and regulations will remain eligible to be adopted at a
future date by the BCC.

Repeal of the registration and business regulations will not affect zoning
ordinance or whether STR owners will be subject to the required county
transient lodging tax and the state transient lodging tax.

The ZDO that clarifies that STRs are allowed in unincorporated portions of the
county is currently on hold pending an appeal with the state. The challenge to
the ordinance does not impact the mountain communities “based on the
nature of the challenge stating there is no separate use in a resource zone,”
Boderman said.

Repeal of county ordinances requires two public hearings to be held at least
13 days apart, at which time citizens are invited to provide testimony on the
proposed repeal. A date for the first public hearing has not been set.
Boderman anticipates the first public hearing will be scheduled for mid to late
June.

“(The hearings) are an opportunity for anyone interested in the topic to
address it directly with the board,” Boderman said.

More information is available online including: the staff report and video of the
May 4 Policy Session:
https://www.clackamas.us/meetings/bcc/presentation/2022-05-04-0, staff
documents and video for the May 10 Issues Session:
https://www.clackamas.us/meetings/bcc/issues/2022-05-10, and background
information about the project: https://www.clackamas.us/planning/str.