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Silver Spring, MD

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STR Regulations for Silver Spring, Maryland

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.
  1. 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.
  1. 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.
  1. 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)

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.

What do Airbnb hosts actually earn in Silver Spring?

Silver Spring hosts earn a median $24,672/year with $129 ADR and 68% occupancy.

Top performers pull in $34,079+ per year.

See the full Silver Spring market breakdown

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Silver Spring

Market Saturation Score

036912
Moderate Saturation
7/ 12
months with declining YoY revenue
5–7 declining months: moderate saturation risk - market may be nearing capacity.
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Photos of Silver Spring

Overview of Silver Spring

Silver Spring is a large, unincorporated community and census-designated place in Montgomery County, Maryland, situated immediately north of the District of Columbia. With a population of roughly 80,000, it ranks among the most populous communities in the state and serves as a major commercial, cultural, and transit hub for the Maryland suburbs of Washington. The neighborhood has a diverse, urban-suburban character shaped by decades of post-war growth and a more recent wave of downtown redevelopment. Best known as an easy jumping-off point for exploring the nation's capital, Silver Spring lies only about 10 miles north of downtown Washington, D.C., with direct Metro access via the Red Line.

The revitalized Downtown Silver Spring district is the community's social center, a walkable cluster of restaurants, shops, a movie theater, and outdoor public spaces that host farmers' markets and seasonal events. Adjacent to it, the AFI Silver Theatre and Cultural Center is a restored 1938 art deco movie palace that now screens classic, foreign, and independent films year-round, about a five-minute walk from the Silver Spring Metro station. The Fillmore Silver Spring brings nationally touring musical acts to the same neighborhood, giving the area a small but genuine live-music scene of its own.

Just south of the downtown core, the National Museum of Health and Medicine offers a quirky, off-the-beaten-path look at medical history, with artifacts ranging from Civil War surgical tools to microscopic slides of historical significance, and it sits within about a ten-minute drive of most Silver Spring addresses. A short trip west leads to Brookside Gardens, a roughly 50-acre public display garden in neighboring Wheaton known for its rose garden, formal Conservatory, and seasonal light displays during the winter months. From there, the wooded trails of Rock Creek Park extend all the way south into Washington, offering miles of hiking, cycling, and horseback riding within about 15 minutes of Silver Spring.

The combination of Metro accessibility, walkable amenities, and immediate proximity to Washington, D.C., makes Silver Spring a practical and appealing base for short-term rental guests. Travelers can spend the day among the Smithsonian museums and monuments on the National Mall, then return to a neighborhood with its own restaurants, gardens, and cultural venues. Whether visitors come for federal agency work, a family trip to the capital, or a longer stay exploring the broader Mid-Atlantic region, Silver Spring offers a convenient, well-connected home base with a character of its own.

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