08/13/2026
What is wrong with Ordinance 23 in Teller County? Plenty!
Each owner should choose one or two issues that genuinely affect them rather than trying to cover the entire ordinance in three minutes.
1. Ask the County to Show the Evidence
The ordinance states that studies and reports have found STRs can adversely affect health, safety, housing availability, neighborhood character, and welfare. It also says Teller County conducted an "in-depth survey and extensive public outreach."
Ask:
What Teller County-specific evidence demonstrates that licensed or currently operating STRs are causing the problems this ordinance is intended to solve?
How many verified STR-related complaints has Teller County received during the last three years, and what percentage of known STR properties generated those complaints?
How many incidents involved noise, septic failures, fires, trash, parking, law enforcement, or other health-and-safety problems?
Before imposing restrictions on hundreds of property owners, has the County quantified the actual problem?
A strong follow-up:
If most existing STRs have operated without documented problems, why should compliant operators be subjected to restrictions designed around hypothetical misconduct?
2. The Blanket ADU Prohibition
This is one of the clearest provisions owners should question.
The ordinance prohibits ADUs as STRs in the definition of "STR Unit," again in §3(29), and again in §9(7).
Ask:
Why should a legally constructed, permitted, safe residential dwelling be prohibited solely because the County classifies it as an ADU?
More importantly:
What happens when the ADU is the only structure on the property being used as an STR and the owner occupies the primary residence?
The ordinance already limits a property to one STR license and one STR dwelling. Therefore, the Board could simply allow either the principal dwelling or a lawful ADU to be the licensed STR—but not both.
Ask:
What legitimate health or safety objective is achieved by prohibiting an owner from renting a compliant ADU while allowing that same owner to rent the larger primary residence instead?
This is particularly difficult to reconcile with §9(5), which specifically gives preferential treatment to owner-occupied STRs by exempting them from the 10% cap.
3. Existing ADU Operators
Ask the Commissioners directly:
What happens to someone who has legally operated an ADU as an STR for years before Ordinance 23?
The ordinance creates an "Existing STR Operator" category and provides existing operators an exception to the 10% cap—but the ADU prohibition appears absolute.
Ask:
Why recognize existing operators for grandfathering purposes but simultaneously prohibit an entire class of existing operators from obtaining a license?
4. The 10% Cap
The ordinance limits STR licenses to 10% of residential properties containing dwellings within subdivisions and 10% within four geographic quadrants outside subdivisions. Existing operators applying during the grace period and owner-occupied STRs are exceptions.
Ask:
Why 10%?
What empirical analysis determined that 10% is appropriate for Teller County rather than 5%, 15%, 20%, or no numerical cap at all?
What measurable adverse condition occurs when an area goes from 9.9% STRs to 10.1%?
If the County cannot identify one, ask:
Why not regulate actual behavior and impacts instead of imposing an arbitrary numerical cap on otherwise compliant properties?
5. The Four Geographic Quadrants
Appendix A divides non-subdivision properties into four enormous geographic quadrants. The map on page 19 shows just how geographically diverse those quadrants are.
Ask:
How does limiting an STR in one part of a huge geographic quadrant remedy an alleged neighborhood impact occurring miles away in another part of that quadrant?
What analysis was used to determine these quadrant boundaries?
Why are subdivisions measured individually while rural properties are grouped into enormous geographic areas?
6. 365-Day Ownership Requirement
An owner must possess the property for at least 365 days before applying.
Ask:
What public-health or safety problem is solved by requiring someone to own a property for 365 days before operating an STR?
A house doesn't become safer on day 366.
Ask:
If the property passes every septic, building, fire, parking, water, insurance, and licensing requirement, why does the length of ownership matter?
Does this provision simply prevent people from purchasing property with the intention of operating a lawful STR? If so, why is that an appropriate function of County government?
7. Certificate of Occupancy Requirement
Every STR must have a Certificate of Occupancy.
That sounds reasonable for new construction but can create problems for older Teller County housing stock.
Ask:
How will the County handle homes lawfully constructed before Certificates of Occupancy were routinely issued or where historical County records are incomplete?
Will owners be required to prove something the County itself may no longer have records to establish?
Request an explicit alternative for older lawful structures.
8. Bedroom Definition
The revised draft defines a bedroom as a habitable sleeping room having an emergency escape, smoke detector and closet.
Ask:
What building-code or life-safety purpose makes a closet necessary for a room to safely accommodate a sleeping occupant?
A closet does not provide emergency egress, fire protection, sanitation, or structural safety.
What happens to older homes containing perfectly safe sleeping rooms that were never designed with built-in closets?
9. Septic Requirements
Occupancy is tied to OWTS design capacity, and applicants must provide the septic as-built plus a qualifying inspection performed within 365 days. Any identified deficiency or component failure results in denial.
Ask:
Why is this inspection requirement imposed specifically because a residence is rented for fewer than 30 days?
Is there evidence that six short-term occupants impose greater wastewater demand than six family members, houseguests, or long-term tenants?
Also ask:
If an inspection identifies a minor deficiency that can immediately be repaired, why does the ordinance require denial rather than allowing the owner to correct the deficiency before licensing?
10. HOA "Approval Letter"
The ordinance requires both HOA/POA covenant documentation and an HOA approval letter.
Ask:
What happens when the covenants permit STRs but the HOA has no procedure or authority to issue individual approval letters?
Can an HOA effectively veto a County license simply by refusing to provide a letter that its governing documents don't require?
The County can require compliance with restrictive covenants without inventing a new private approval process.
11. Neighbor Notification
Applicants must notify contiguous property owners, including certain properties across rights-of-way and easements.
Ask:
Is this notification only informational, or can neighboring owners object to or prevent issuance of a license?
That distinction should be explicit.
If neighbors have no approval authority, owners should know that.
If they do, the ordinance should establish objective standards and due process.
12. Outdoor Cooking
Guests may use gas cooking appliances with shutoff valves, but charcoal and pellet grills are prohibited.
Ask:
What Teller County-specific evidence demonstrates that charcoal or pellet grills at STRs present a materially greater fire risk than the identical grill at the house next door?
If wildfire risk justifies restrictions during dangerous conditions:
Why not tie restrictions to County burn bans or fire-danger levels rather than permanently prohibit equipment based solely upon who occupies the house?
13. Outdoor Fires
Outdoor fires are prohibited except gas fireplaces with shutoff valves.
Ask the same basic question:
Why should a lawful fire permitted at a neighboring residence become unlawful simply because the occupants of this residence are short-term guests?
Consider asking for STRs to follow the same fire restrictions and burn bans applicable to everyone else, perhaps with enhanced guest notification requirements.
14. ATV/OHV Use
The ordinance categorically prohibits on-property ATV/OHV use by STR guests.
Ask:
What exactly constitutes "usage/riding"?
Can a guest unload an OHV from a trailer?
Can the guest drive it from the parking area to a lawful access point?
Can an STR advertise itself to OHV tourists?
Owners should request precise definitions rather than discovering the County's interpretation through enforcement.
15. "Events" Is Extremely Broad
STRs cannot be used for "conferences, meetings, retreats, weddings, concerts, or similar events."
"Meeting" and "retreat" are exceptionally broad.
Ask:
If four business colleagues rent a house and conduct a meeting at the dining-room table, have they violated the ordinance?
If a family rents a cabin for a family reunion while remaining within licensed occupancy, is that an event?
If six friends describe their weekend as a retreat, does that change an otherwise lawful stay into a violation?
Ask the County to define prohibited events according to objective characteristics such as attendance exceeding licensed occupancy, amplified outdoor entertainment, commercial event activity, or additional vehicles—not labels.
16. Mandatory Disclosure of Private Contracts
Applicants must provide copies of all agreements, contracts, listing agreements, or other agreements with vacation-rental service companies.
Ask:
Why does Teller County need complete copies of an owner's private commercial contracts with Airbnb, Vrbo, property managers, or other companies?
Exactly what information within those contracts is necessary to determine compliance with Ordinance 23?
Will these documents become public records subject to CORA requests?
If the County merely needs platform contact information, require that—not entire private contracts.
17. Open-Ended Application Requirements
Section 4(2)(s) permits the County to demand "any other information determined to be necessary" to evaluate an application.
Ask:
Who determines what additional information is "necessary," under what standards, and what recourse does an applicant have if the request is unreasonable?
Licensing requirements should be predictable.
18. Inspection Authority
The ordinance says inspections will ordinarily be scheduled in advance at a mutually agreeable time, with exceptions for emergencies or lawful warrants. That's an important protection. But §3 initially describes "periodic inspections" during and outside regular business hours.
Ask:
Will the County confirm that an STR license does not constitute blanket consent to warrantless entry onto private property?
The final ordinance should make that unmistakable.
19. Complaint-Based Enforcement
Inspections can be triggered when the County has reason to believe a property isn't compliant, including based upon complaints.
Ask:
What standard will distinguish a credible complaint from repeated, anonymous, retaliatory, or frivolous complaints?
Will owners receive the substance of complaints made against their property?
Will the County track whether complaints are substantiated or unsubstantiated?
A licensing system should not empower one hostile neighbor to subject an owner to repeated investigations.
20. Potentially Enormous Penalties
The ordinance allows civil penalties of $100–$2,650, potentially up to $1,000 for civil infractions, and provides that each day constitutes a separate offense. Multiple remedies may be pursued concurrently.
Ask:
Will penalties be proportional to the seriousness of the violation?
There is an enormous difference between an expired smoke detector, an advertisement accidentally displaying outdated occupancy, and deliberately operating an unsafe unlicensed property.
Ask:
Why doesn't the ordinance provide a warning and reasonable cure period for non-emergency first violations?
21. Multiple Owners Can All Be Punished
Where several people own the property, §3(21) considers each owner a licensee, and revocation prevents a licensee from acting as licensee for another property or entity for two years.
Ask:
Could one property's violation prevent every co-owner from licensing another property for two years, regardless of individual responsibility?
If so:
Why is collective punishment appropriate?
22. Housing Affordability Claim
The ordinance specifically cites depletion of long-term housing and increasing housing costs as potential STR impacts.
Ask:
What Teller County-specific study demonstrates that STRs are materially reducing available long-term housing?
And particularly for rural vacation properties:
How many existing STR properties would realistically enter Teller County's long-term rental inventory if STR use ended?
A mountain cabin becoming unavailable as an STR does not automatically become affordable workforce housing.
23. Economic Impact
The ordinance itself acknowledges that STRs provide supplemental income, support tourism, create jobs, and benefit local businesses.
Ask:
Has Teller County conducted an economic-impact analysis estimating how much STR guests spend at restaurants, shops, attractions, cleaning companies, maintenance companies, contractors, and other local businesses?
How much sales and lodging-tax revenue is associated with STR activity?
What economic effect does the County expect from limiting future STR growth to 10%?
If the Board is balancing competing interests, both sides of that balance should be quantified.
24. Existing Operators and the 60-Day Window
Existing operators receive only 60 days after the ordinance becomes effective to submit a complete application in order to receive the cap exemption.
But a "complete" application requires numerous third-party documents, including septic records and inspections, CO documentation, plans, insurance, HOA documentation, water documentation, neighbor notices, and other materials.
Ask:
What happens when an existing operator diligently applies within 60 days but cannot obtain a County record, septic inspection, HOA document, or other third-party item before the deadline?
Request that existing operators preserve their grandfathered status by initiating an application within the grace period and diligently completing outstanding requirements, rather than losing protection because someone else couldn't produce paperwork quickly enough.
25. There's Still a Drafting Error in the Cap References
Sections 8(2) and 8(3) say the STR caps are imposed by Section 6.
Section 6 contains the fees.
The 10% caps are in Section 9.
Ask:
Before adopting an ordinance carrying substantial civil penalties and possible license revocation, will the Board require a complete legal and technical review to eliminate incorrect cross-references, ambiguities, and conflicting provisions?
This isn't merely nitpicking. People can be fined thousands of dollars for violating this ordinance.
The rules should therefore be exceptionally clear.
26. Ask the Fundamental Question
This may be the strongest question with which to conclude:
What problem are we actually trying to solve?
If the problem is unsafe STRs—regulate safety.
If the problem is excessive occupancy—regulate occupancy.
If the problem is noise—enforce noise laws.
If the problem is septic capacity—tie occupancy to septic capacity.
If the problem is wildfire—apply appropriate fire-safety rules.
If the problem is irresponsible operators—penalize irresponsible operators.
But ask the Commissioners:
Why should responsible property owners who have operated safely, paid their taxes, maintained their properties, employed local workers, and welcomed visitors to Teller County be restricted because of conduct they have never engaged in?
A Good Three-Minute Strategy
Don't try to read twenty objections.
Introduce yourself. Explain briefly where your property is and how long you've operated. Pick one provision that directly affects you. Explain the real-world consequence. Ask the Commissioners one question they must actually think about. Then offer a reasonable alternative.
For example:
"I'm not asking you to abandon STR regulation. I'm asking you to regulate the actual problem rather than prohibit responsible activity that hasn't been shown to cause that problem."
That gives the Board something much harder to dismiss than simply saying, "I'm against Ordinance 23."
