Overview — Are STRs allowed in Silver Spring, MD?

• Yes. Short‑term residential rentals are allowed in Silver Spring as an accessory residential use in most residential and mixed‑use zones under Montgomery County Zoning Ordinance Section 59‑3.3.3.I. The property must be the host’s primary residence.
• Silver Spring is an unincorporated CDP within Montgomery County; its STRs are governed by county rules rather than a separate city code. Certain nearby municipalities (e.g., the City of Rockville, City of Gaithersburg, Town of Kensington) have their own rules; if your property lies inside those municipal boundaries, check their regulations directly.
• Key program details are administered by the Montgomery County Department of Housing and Community Affairs (DHCA), with tax oversight by the Montgomery County Finance Division and zoning oversight via Chapter 54 and Chapter 59.

How to start a short‑term rental business in this market

1. Establish your tax accounts

• Register for a Maryland Sales & Use Tax ID and a Maryland tax account for sales/use tax compliance (applies to the 6% Maryland sales tax on short‑term rentals of 90 days or less).
• Register for Montgomery County’s Room Rental–Transient Tax account (7%) for rentals of 30 days or fewer. Returns are filed monthly even if no tax is due.

2. Get the county STR license

• Submit the Short‑Term Residential Rental License application online. The license costs $325 per year (valid for 12 months).
• Your license number must be included on all rental listings (Airbnb, VRBO, etc.).
• The host must be the owner or an authorized resident and the unit must be your primary residence.

3. Comply operationally

• Confirm occupancy, safety, and neighbor notification rules; post house rules and emergency contact information inside the rental; maintain a guest log; and comply with any HOA/Condo documents or lease restrictions.
• If you will not be present during a stay, the rental can be operated for up to 90 days per calendar year. If you are present during the stay, there is no day limit.
• Provide one off‑street parking space per rental contract unless your online listing expressly prohibits vehicle parking.

4. Operate and renew

• Collect and remit the 7% Room Rental–Transient Tax (for stays ≤30 days), and comply with Maryland sales tax (for stays ≤90 days).
• Renew your STR license annually; keep records for inspections and audits.

Required documents, permits, licenses, and guidelines

• Maryland State Tax ID (Sales & Use Tax)
  • Required for all short‑term rental hosts; online registration available.
  • Applies to the state 6% sales tax on rentals ≤90 days.
• Montgomery County Room Rental–Transient Tax Registration
  • Required for rentals ≤30 days; 7% of the total room rental collected, including platform fees passed to the guest.
  • Monthly returns due by the last day of the month for the preceding rental period; file even if no tax is due.
• Short‑Term Rental License (Montgomery County)
  • Application fee: $325; valid 12 months; must be renewed annually.
  • Include license number in all advertisements.
  • Self‑certifications include: zoning compliance (Chapter 59); occupancy limits (6 adults total; max 2 adults per bedroom); primary residence requirement; smoke and carbon monoxide detectors; sanitation facilities; payment of taxes and fees; posted house rules and emergency contact; neighbor notification; designated local representative available when host is absent; guest log; compliance with HOA/Condo documents or lease; and that only registered guests are on the property.
  • Annual compliance statement may be required; supporting documentation is retained for inspections and audits.
• Zoning and Use Standards (County Code, Chapter 59)
  • Short‑term residential rental (STRR) is defined as residential occupancy of a dwelling unit for less than 30 consecutive days and is treated as an accessory residential use when allowed.
  • Prohibited on sites with accessory apartments or farm tenant dwellings; must be licensed under Chapter 54; one off‑street parking space per rental contract unless the listing prohibits parking.
• Licensing and Enforcement (County Code, Chapter 54)
  • License required to operate; license issued for one year and renewable.
  • Challenge process allows residents or HOAs within 300 feet to contest certifications; license can be denied or revoked if certifications are false.
  • License suspension for at least three verified complaints within a calendar year; appeals go to the Board of Appeals.
  • Three‑year bar on licensing the same unit or to the former licensee after revocation.

Specific regulations (Silver Spring/Montgomery County, with state tax context)

• Allowed use and zones
  • STRR is a limited accessory residential use across most residential and mixed‑use zones under Chapter 59.
• Primary residence requirement
  • The host (owner or authorized resident) must use the dwelling as their primary residence.
• Occupancy limits
  • Maximum of 6 adult (18+) overnight guests per property; maximum of 2 adult (18+) overnight guests per bedroom.
  • Additional minor guests may be accommodated within the overall structural occupancy limits of the dwelling and safety requirements; hosts must still meet life safety standards and posted house rules.
• Day limits
  • If the host is not present during a stay, the property can be used as a STRR for up to 90 days per calendar year.
  • If the host is present during the stay, there is no annual day limit.
• Safety and sanitation
  • Smoke detectors in all units and carbon monoxide detectors in units using natural gas must be functional; sanitation facilities must operate properly.
  • Post house rules and emergency contact information inside the rental; maintain a list of all overnight visitors for inspection.
• Neighbor notification
  • Notify abutting and confronting neighbors (single‑family/attached: abutting/confronting; in multi‑unit buildings: neighbors sharing walls, floors, or ceilings).
• Representative when host is absent
  • Provide a designated representative who resides within 15 miles of the property and is available for emergencies if the host is not present during a stay.
• Parking
  • One off‑street parking space per rental contract unless the online listing indicates parking is prohibited.
• HOA/condo/lease compliance
  • The activity must be permitted by any HOA or condominium documents, or by a rental lease.
• Municipal exemptions
  • County rules do not apply within certain municipalities (e.g., Chevy Chase Village; Town of Chevy Chase; Town of Chevy Chase View; City of Gaithersburg; City of Rockville; Town of Kensington; Town of Laytonsville; Town of Poolesville; Town of Somerset; Town of Washington Grove; Town of Garrett Park). If your property is within any of these jurisdictions, verify their local requirements.
• State tax context
  • Maryland sales tax (6%) generally applies to short‑term rentals of 90 days or less; Montgomery County’s room tax (7%) applies to rentals of 30 days or fewer. Platforms may collect certain taxes; hosts remain responsible for ensuring all applicable taxes are paid and for providing proof of payment when required.

Enforcement and penalties

• Operating without a license, failing to include the license number in listings, or violating occupancy/day‑limit rules can lead to notices of violation and fines.
• For three or more verified complaints within a calendar year, your license may be suspended.
• Licenses may be denied or revoked if certifications are false; a revocation carries a three‑year prohibition on licensing the same unit or the former licensee.
• Appeals are heard by the Montgomery County Board of Appeals.
• Inspections may occur in response to complaints; maintain safety equipment and documentation.

Contact information (local authorities)

• Montgomery County Department of Housing and Community Affairs (DHCA) — Short‑Term Rentals
  • Phone: 240‑777‑0311
  • Address: 2425 Reedie Drive, 7th Floor, Wheaton, MD 20902
  • Hours: 7:30 am–4:00 pm, Mon–Fri
  • Website (licensing and forms): see “Licenses” under County Permits and Resources below
• MC311 (County Service Center)
  • Phone: 240‑777‑0311
  • For reporting complaints or getting county service information
• Montgomery County Finance Division — Room Rental–Transient Tax
  • Phone: 240‑777‑8960 (Office of the Director)
  • Room Rental–Transient Tax Application portal: see link in Resources
• Maryland Department of Assessments and Taxation (SDAT) — State Tax ID
  • Online registration portal: see link in Resources

Source pages and resources (official links)

• Montgomery County Department of Permits, Structures, and Codes — Short‑Term Rentals
  • County STR overview, FAQ, and guidance: www.montgomerycountymd.gov/DPS/Process/zspe/Short-Term-Rentals.html
• Montgomery County Department of Housing and Community Affairs — Short‑Term Rental Licensing
  • DHCA STR licensing page: www.montgomerycountymd.gov/dhca/housing/licensing/short-term-rental.html
• Montgomery County Code, Chapter 54 — Transient Housing (Licensing & Enforcement)
  • County Code library (Chapter 54): codelibrary.amlegal.com/codes/montgomerycounty/latest/montgomeryco_md/0-0-0-153578
• Montgomery County Zoning Ordinance — Short‑Term Residential Rental (Section 59‑3.3.3.I)
  • Zoning Text Amendment 17‑03 (final ordinance text and use standards): montgomeryplanningboard.org/wp-content/uploads/2017/06/ZTA-17-03-Short-Term-Residential-Rentals_Final.pdf
• Airbnb Help — Montgomery County, MD
  • Practical guidance referencing county rules: www.airbnb.com/help/article/3840
• Airbnb Help — Silver Spring, MD
  • Confirms Silver Spring follows Montgomery County rules: www.airbnb.com/help/article/3843
• Maryland Sales & Use Tax ID Registration
  • SDAT portal for state tax accounts: www.marylandtaxes.gov/business/sales-use/index.php
• Montgomery County Room Rental–Transient Tax (7%)
  • Application portal: ex01.montgomerycountymd.gov/cas/login?service=https%3a%2f%2fex11.montgomerycountymd.gov%2fijn17%2fHotelTax%2f
• Room Rental–Transient Tax — Instructions Manual
  • Filing guidance and definitions: www.montgomerycountymd.gov/Finance/Resources/Files/hotel_tax_instructions.pdf
• Short‑Term Rental License Application Portal (online registration)
  • Application and renewal: secure.hostcompliance.com/montgomery-county-md/permit-registration/welcome
• Montgomery County Planning Board — STR Testimony and Background (ZTA 17‑03)
  • Historical context and policy intent: montgomeryplanningboard.org/wp-content/uploads/2017/06/ZTA-17-03-Short-Term-Residential-Rentals_Final.pdf

Notes for investors

• Always verify whether your property sits inside Silver Spring (unincorporated Montgomery County) or within an incorporated municipality; municipal boundaries can override county rules.
• If the host will not be present, budget for the 90‑day calendar‑year limit; when the host is present during the stay, no day‑limit cap applies.
• Because the STR is accessory to your primary residence, plan acquisition and financing accordingly; non‑primary or investment‑only STRs are not permitted under these standards.
• Maintain meticulous records (guest logs, tax remittances, safety inspections) to support renewals and any audits or appeals.

This guide is for informational purposes only and does not constitute legal advice. For formal guidance, consult the Montgomery County Code, the Zoning Ordinance, or an attorney licensed in Maryland.