Overview: Are Short-Term Rentals Allowed in Wharton, TX?

• Explicit answer: Short-term rentals are allowed in Wharton, Texas. No city- or county-specific prohibitions on STRs are present in the provided material.
• The City of Wharton’s Code of Ordinances is not accessible here, but the Municode link is provided for verification. No ETJ-specific STR bans or restrictions appear in the county subdivision policy or county contacts. Under Texas law, STRs are a lawful residential use unless and until a more restrictive local ordinance is adopted.
• Practical implication: You can operate an STR in the city limits or within Wharton County’s unincorporated area and ETJ unless future local rules change the status quo.

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

• Structure and basic compliance
  • Establish the entity and obtain a resale certificate, if purchasing FF&E or furnishings.
  • Confirm no HOA restrictions if the property is in a subdivision or planned community. If subject to covenants, obtain written approval.
  • Map the zoning/use of the parcel and verify compliance with minimum lot and setbacks (see “County-level constraints” below).
• Property and building readiness
  • Safety: Ensure smoke/CO detectors, fire extinguishers, egress compliance, safe electrical/plumbing, and address any OSSF (onsite sewage facility) constraints if not on municipal utilities.
  • Utilities: Verify potable water source and wastewater service (municipal vs OSSF). Confirm driveway compliance (culvert size, spacing, cover) per county specs.
  • Drainage and floodplain: If subdividing or modifying land, evaluate the 100-year floodplain, base flood elevation, and required drainage/easements. New subdivisions over 50 lots or 5 acres may require CLOMR/LOMR and dedicated drainage easements.
• Guest operations and policies
  • Draft house rules, maximum occupancy limits, quiet hours, parking standards, and a safety/information binder for guests.
  • Publish transparent check-in/emergency contact procedures and keep emergency numbers posted.
• Taxes and registrations
  • Register with the Texas Comptroller for Hotel Occupancy Tax if you rent rooms/whole units for fewer than 30 days and meet state thresholds; set up electronic filing and monthly/quarterly remittances.
  • Secure a sales tax permit if selling taxable goods or services.
  • Monitor local hotel/motel tax requirements. The county document does not indicate county-level hotel taxes; rely on Comptroller guidance for state/local distribution.
  • Consider lodging-platform local regulations compliance (Austin’s case illustrates Texas statutory framework for marketplace collection/notification).
• Launch checklist
  • Insurance appropriate for STR operations (liability, property, business interruption).
  • Marketing listing with accurate occupancy limits and taxes disclosed.
  • Booking systems configured with occupancy rules and tax collection/remittance as applicable.

Required Documents, Permits, Licenses, and Guidelines

• If operating without subdividing (typical for single-lot STRs): No city/county STR license or plat is required for operation. However, ensure zoning/use conformity and any OSSF approvals if not on municipal utilities.
• If subdividing land to create the STR site(s) (e.g., splitting a tract or developing an RV park or tiny home community):
  • Plat: Short-form or standard plat with required acknowledgments, fees, and engineering reports.
  • Drainage and OSSF planning: Engineering drainage report, floodplain analysis, and OSSF compatibility materials per Title 30 TAC Chapter 285.
  • Bonds: Road/drainage bonds as applicable.
  • Utilities and easements: Utility easements (min. 20' overall width; 10' along both sides of streets).
  • Minimum lot sizes and setbacks:
    • With potable water and OSSF: min. 1 acre lots; width ≥ 125'.
    • With public water and OSSF: min. 0.5 acre (21,780 sf); width ≥ 100'.
    • With public water and public sewer: min. 70' frontage, 120' depth, 8,400 sf.
    • Front building lines: 25' (minor/collector), 35' (major thoroughfare).
  • Addressing and signage: Street names/subdivision names must be approved by the 9-1-1 Addressing Coordinator; signage must meet county standards and TMUTCD.
• Operational compliance and maintenance:
  • Road/drainage: Comply with county drainage design (ditch/cross sections, culverts, detention if needed), driveways (culvert lengths ≤ 40', spacing ≥ 40', ≥ 6" cover and gravel).
  • Public vs. private roads: Acceptance into county maintenance is discretionary; private roads remain HOA/lot-owner maintained. Detention facilities are not accepted for county maintenance.
• Hospitality/tax compliance:
  • Texas Hotel Occupancy Tax registration and filing through the Comptroller.
  • Sales tax permit if selling goods/services.
  • LODGING/LOCAL ACTIVITY TAXES: Confirm local collection/remittance obligations via Comptroller guidance; if the City of Wharton adopts a local lodging tax, ensure compliance. The provided county document does not establish local lodging tax requirements.

Specific Regulations (City, County, State)

• City of Wharton (limits of provided content):
  • STR-specific ordinances were not accessible in the provided materials; verify via the Municode library link below for any adopted STR rules, zoning, or licensing. The city appears to manage land use within city limits; unincorporated ETJ follows county rules unless superseded by an interlocal agreement.
• Wharton County (constraints for any site work or subdivision):
  • Subdivisions and plats: Short-form plat allowed for ≤4 lots; standard plat otherwise. All plats require acknowledgments, title/tax certificates, engineering, and fee schedules; bonds cover roads and drainage improvements.
  • Drainage/floodplain: Must comply with County Drainage Criteria; detention required if increased runoff is created; CLOMR/LOMR may be required for certain developments.
  • OSSF: Planning materials must be submitted to the Permit & Inspection Department for septic compatibility and groundwater considerations.
  • Road/driveway standards: Culvert and spacing rules; gravel/cover requirements; acceptance of private roads into county maintenance is not guaranteed.
  • ETJ: Development within ETJ may be subject to city policies; if in Wharton’s ETJ (1 mile from city limits), city policies could apply depending on interlocal agreements.
• Texas State (context, non-exhaustive):
  • Local authority: Texas Local Government Code allows municipalities to regulate STRs through zoning and permitting; counties generally rely on subdivision and health regulations rather than STR-specific licensing.
  • Hotel Occupancy Tax: Governed by Texas Tax Code Chapter 156; rental of rooms for fewer than 30 days typically qualifies; registration and remittance through the Comptroller.
  • Platform compliance: Texas localities may impose collection/remittance obligations on STR platforms; consult current Comptroller guidance for compliance processes.

Contact Information for Local Authority in Charge of STRs

• City of Wharton (confirm STR authority/permits via the links below if applicable):
  • City Hall (general): 979/532-2491
  • City Secretary: 979/532-4812
• Wharton County – Permitting and Subdivision:
  • Precinct 1 Commissioner: 979/532-1991
  • Precinct 2 Commissioner: 979/335-7541
  • Precinct 3 Commissioner: 979/543-0091
  • Precinct 4 Commissioner: 979/543-3561
  • County Engineer, Eric C. Scheibe, PE, CFM: 713-859-5744; escheibe@scheibeconsulting.com
• Texas state taxation (Hotel Occupancy Tax and sales tax):
  • Texas Comptroller – Taxpayer Help Center: 1-800-252-5555
  • HOT Tax info: comptroller.texas.gov/taxes/hotel/
  • Sales tax info: comptroller.texas.gov/taxes/sales/
  • STAR/STR guidance for platforms: comptroller.texas.gov/economy/fiscal-notes/2023/september/airbnb.php
• ETJ references and city contacts (for information only; ETJ requirements vary by interlocal):
  • City of East Bernard (ETJ: 0.5 mile)
  • City of El Campo (ETJ: 1 mile)
• Public water and sewer (coordination recommended for OSSF and floodplain):
  • City of Wharton Utilities: 979/532-2491
  • County Permit & Inspection Dept. (for OSSF/floodplain): via Wharton County Engineer office contact

Links to Source Pages

• City of Wharton Code of Ordinances (for zoning/STR ordinances, if any): www.municode.com/library/tx/wharton/codes/code_of_ordinances?nodeId=PTICH
• Wharton County Subdivision Policy (Revision 2023): www.co.wharton.tx.us/upload/page/6994/docs/News/Master%20Subdivision%20Policy%20-%20Revision%202023.pdf
• Texas Comptroller – Hotel Occupancy Tax: comptroller.texas.gov/taxes/hotel/
• Texas Comptroller – Sales Tax: comptroller.texas.gov/taxes/sales/
• STAR/STR platform guidance (Texas Comptroller): comptroller.texas.gov/economy/fiscal-notes/2023/september/airbnb.php

Notes:

• The provided county policy governs land division and physical development (subdivision, drainage, OSSF, roads), not STR licensing or marketing rules.
• To confirm whether Wharton has adopted city-specific STR licensing or zoning limits, consult the Municode link. If none are present, STR operations are permissible under Texas law subject to standard building, fire, and tax obligations.