Black Hawk, Colorado Short Term Rental Regulations Guide for Airbnb hosts

Overview: Are Short-Term Rentals Allowed?

Short-term rentals are explicitly prohibited within the City of Black Hawk itself as of February 28, 2024. The Black Hawk City Council voted to completely eliminate short-term rentals as a permitted use in all residential zone districts within the city limits. This prohibition applies to both new applications and any existing operations.

However, short-term rentals are allowed in unincorporated areas of Gilpin County (the county surrounding Black Hawk), subject to strict licensing requirements and caps. The distinction between city jurisdiction and county jurisdiction is critical for investors to understand.

How to Start a Short-Term Rental Business in This Market

Market Reality

Given Black Hawk's prohibition on STRs, viable investment opportunities exist only in unincorporated Gilpin County areas surrounding Black Hawk. Potential properties would be located in neighboring communities such as Rollinsville, areas along Tolland Road, Virginia Canyon Road, or other unincorporated county locations.

Application Process

Determine License Tier - Assess whether you qualify for Tier 1 (owner-occupied), Tier 2 (county resident, non-owner occupied), or Tier 3 (non-county resident)
Join the Waitlist - Since the license cap has been met, you must first join the official waitlist through the county portal
Prepare Documentation - Gather all required materials per the submittal checklist
Site Inspection - Ensure property compliance with posting requirements and safety standards
License Issuance - Wait for notification from county when position comes up

Critical Timing Note: Community Development cannot provide estimates on waitlist duration, making this market particularly challenging for new investors.

Required Documents, Permits, Licenses, and Guidelines

Mandatory Licensing

All short-term rentals in unincorporated Gilpin County require a valid STR license under County Ordinance 22-04.

Required Documentation

Based on the Application Submittal Checklist:

Complete license application
Proof of property ownership or legal right to operate
For Tier 1: Proof of primary residency and intent to occupy during rentals
For Tier 2: County residency affidavit and documentation
For Tier 3: Documentation of non-county residency status
Property information and legal description
Contact information for local emergency services
Insurance documentation
Payment of applicable fees

Required Postings

According to the Initial Site Inspection requirements:

Gilpin Good Neighbor Guidelines (required posting)
Emergency contact information
Property address and license number
Maximum occupancy limits
Trash and recycling instructions
Parking regulations
Quiet hours and noise restrictions

Tax Compliance

Gilpin County Lodging Tax compliance is mandatory. The Notice of Lodging Tax to Vendors document outlines requirements for tax collection and remittance.

Specific Regulations by Jurisdiction

City of Black Hawk (Prohibited)

Complete prohibition of short-term rentals as of February 28, 2024
Applies to all residential zone districts
Both CB4 and CB5 ordinances eliminate STRs entirely
No grandfathering provisions mentioned in the provided content
No exceptions for any type of STR operation

Unincorporated Gilpin County (Regulated)

License Required - No advertising or operation without valid STR license
License Tiers:
- Tier 1: Owner-occupied properties only; allows renting portion of property or dwelling; must be present during rental periods
- Tier 2: County residents, non-owner occupied; maximum 2 licenses per resident
- Tier 3: Non-county residents; maximum 1 license per person
License Caps: Combined 5% cap on total housing units for Tiers 2 and 3; 155 total licenses allocated for 2025
Occupancy Limits: Maximum 30 consecutive days per rental period
Transfer Restrictions: STR licenses are non-transferable once issued
Primary Residence Requirement: For Tier 1, must be actual primary residence with owner present during rentals
Advertising Restrictions: Tier 1 cannot advertise as "whole house" or "whole property" rentals

State of Colorado

No specific Colorado state-level regulations are provided in the source material for this analysis. Investors should research state requirements separately.

Enforcement and Compliance

Violations

Operating without a valid license results in citations
Citations may impact future license eligibility
Tier 1 violations include advertising whole property rentals when only portions are permitted
License revocation possible for violations

Complaint Process

Residents can file short-term rental complaints through the Gilpin County online portal. The Community Development department handles enforcement and follows up on violations.

Contact Information

Gilpin County Community Development (STR Administrator)

Physical Address: Gilpin County 203 Eureka Street P.O. Box 366 Central City, Colorado 80427

Phone: 303-582-5214 Fax: 303-582-5440

Online Resources:

STR License Waitlist Application Portal: gilpincountyco.portal.opengov.com/categories/1086/record-types/6514
STR Complaint Filing: gilpincountyco.portal.opengov.com/categories/1086/record-types/6472
Website: gilpincounty.colorado.gov/departments-offices/community-development/short-term-rentals

City of Black Hawk (STR Prohibition)

Physical Address: Black Hawk City Hall 211 Church Street Black Hawk, Colorado

Website: www.cityofblackhawk.org/ Note: While specific phone contact wasn't provided in the source material, investors can contact the city through the official website for any property-specific inquiries within city limits.

Source Links

Primary Regulatory Documents

Application and Compliance Resources

News and Updates

Black Hawk STR Prohibition Article

Online Portals

Investment Conclusion: Given Black Hawk's complete prohibition on STRs, viable investment opportunities are limited to unincorporated Gilpin County properties. However, the waitlist system with capped licenses and inability to predict timing creates significant barriers to entry. Investors should carefully consider the regulatory uncertainty and potentially lengthy wait times before committing capital to this market.

Black Hawk, Colorado is a historic mining town located in the Rocky Mountains, approximately 35 miles west of Denver, the nearest major city. With a population of around 100 residents, Black Hawk is one of the smallest cities in the state, yet it draws visitors from near and far due to its unique charm and array of attractions.

One of the key appeals of Black Hawk for short-term rentals is its rich history and preserved Victorian architecture. Black Hawk, along with its sister city Central City, offers a glimpse into Colorado's gold rush era. Significant landmarks include the Black Hawk & Central City Narrow Gauge Railroad, which once transported miners and supplies through the rugged terrain. Visitors can also explore the Gilpin History Museum, which provides insights into the area's mining heritage.

Additionally, Black Hawk has earned the nickname "The City of Mills" due to the numerous gold mills that once operated in the area. Today, the city is renowned for its gaming industry, with many historic buildings converted into casinos. The Ameristar Casino Resort Spa (www.ameristar.com/black-hawk) is a prominent landmark, offering luxury accommodations, dining, and entertainment options.

For outdoor enthusiasts, Black Hawk provides easy access to hiking, mountain biking, and other recreational activities in the surrounding Arapaho and Roosevelt National Forests. Trails such as the picturesque Golden Gate Canyon State Park trails (cpw.state.co.us) are only a short drive away, offering serene landscapes and wildlife viewing opportunities.

In summary, Black Hawk's proximity to Denver, coupled with its historical landmarks, gaming attractions, and outdoor activities, make it an appealing destination for short-term rentals.

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