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Herriman, Utah

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Herriman, UT

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STR Regulations for Herriman, Utah

Based on the provided sources, here is a detailed guide for STR investors considering Herriman, Utah:

Overview: Are Short-Term Rentals Allowed in Herriman, UT?

This is the critical question with a nuanced answer:

  1. Short-Term Rentals in I-ADUs (Internal Accessory Dwelling Units): Explicitly Prohibited. The I-ADU General Requirements document from Herriman City states unequivocally: "An I-ADU must be rented for 30 consecutive days or longer (by the same occupants). Short-term rental of an I-ADU is prohibited by Herriman City Code."
  2. Short-Term Rentals in Standalone Residential Properties (e.g., renting an entire single-family home): Legally Uncertain. Herriman City does not currently appear to have specific ordinances explicitly permitting or prohibiting STRs in standalone residential dwellings. As discussed in the presentation by City Attorney Todd Sheeran:
    • Utah State Law (the "Knotwell" language) protects an owner's right to list a property on a short-term rental website and protects against punishment solely for that listing. Cities can regulate the underlying land use.
    • Court cases (Brown v. Sandy, South Weber v. Cobblestone) show that in the absence of clear regulations, the permissibility or prohibition of STRs hinges on existing zoning definitions and interpretations of uses like "lodging" or "B&B".
    • The document states Herriman currently has no specific STR regulations. The City Attorney suggested that cities without regulations should consider passing a temporary moratorium to study and create regulations. Herriman has not done so publicly.
    • Therefore, while the City Attorney notes the legal ambiguity, the City has not adopted a specific STR ordinance for standalone homes. Potential STR operators in standalone properties face potential legal risk if the City chooses to enforce zoning ordinances that could be interpreted to prohibit STRs (e.g., if deemed "lodging") or if they fail to obtain necessary business licenses.

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

  1. Verify Zoning & Legality for Standalone Properties:
    • Crucially, determine if your specific property's zoning district allows the use of STR. Contact Herriman Planning & Zoning (801-446-5323). Explain your property location and ask if STRs are a permitted use, conditional use, or prohibited use in that zone. Request confirmation in writing.
    • Understand Legal Precedent: Be aware of the legal uncertainty discussed by the City Attorney. Your decision to operate carries inherent risk until clear city regulations exist. Operating in a manner consistent with permitted uses (e.g., long-term rentals) mitigates risk.
  2. Obtain Required Business License:
    • All businesses operating within Herriman City limits require a Business License. Apply for a business license through Herriman's Business Licensing department: https://www.herriman.gov/licenses or call 801-446-5323. Specify the nature of your business (e.g., "Short-Term Rental", "Lodging", "Vacation Rental"). Ensure the property owner is listed as the licensee or has appropriate authorization.
  3. Comply with State Requirements:
    • Transient Room Tax: Utah State law requires the collection and remittance of Transient Room Tax (TRT) by STR operators. Register with the Utah State Tax Commission for a Sales Tax Account ( TRT is part of Sales Tax in Utah - State Code Section 59-12 ). Obtain your tax account number.
  4. Be Prepared for Future Regulations: Actively monitor Herriman City Council/Planning Commission agendas (https://www.herriman.gov/city-council/agendas-and-minutes) for any proposed STR ordinances that may impose permits, safety standards, occupancy limits, etc. Regulations could be adopted quickly.

Required Documents, Permits, Licenses, and Guidelines

  1. Herriman Business License: Mandatory for operating any business. Application available online or in-person.
  2. Utah State Tax Registration: Required for collecting/remitting TRT. Register via the Utah State Tax Commission website or phone (801-297-2200).
  3. Compliance with Building & Fire Codes: Any alterations to a property to create an ADU (even long-term) require building permits and inspections. STRs operating from standard homes need to ensure they comply with current safety codes (e.g., smoke detectors, egress). Fire safety compliance is governed by Unified Fire Authority (UFA): http://www.unifiedfire.org.
  4. Zoning Confirmation: Written confirmation from Planning & Zoning regarding the legal permissibility of STR use on your specific property.
  5. Adherence to General City Codes:
    • Parking: Ensure off-street parking for the primary dwelling meets zoning requirements. I-ADUs require one additional off-street stall, but STRs in standalone homes must also consider typical parking needs for a rental property. Be a good neighbor; avoid blocking sidewalks, parking on lawns, or exceeding reasonable limits.
    • Noise: Obey Herriman's general noise ordinances (usually specific quiet hours are defined).
    • Trash & Property Maintenance: Maintain the property in a clean, safe condition. Arrange for regular trash/recycling pickup services. Snow removal on sidewalks is often the property owner's responsibility.

Specific Regulations (City, County, State)

  1. Herriman City:
    • I-ADU STR Prohibition: STRs are explicitly prohibited for Internal Accessory Dwelling Units. I-ADUs must be rented long-term (30+ consecutive days) to the same occupants.
    • I-ADU Regulations (Re: ADUs generally): If building an I-ADU (even for long-term rental), strict requirements apply (Owner-occupancy required 8+ months/year, single entrance on side/rear, shared wall/floor/ceiling with main dwelling, min lot size 6,000 sq ft, one ADU per lot, min parking - 4 stalls for main + 1 for ADU).
    • No Specific STR Ordinance: Standalone STRs exist in a legal gray area without explicit city regulation as of the provided sources.
    • Business Licensing: Required for any business, including STRs.
    • General Codes: STRs must comply with standard city codes (parking, noise, property maintenance, fire safety).
  2. Salt Lake County (Jurisdiction for STR location): While Herriman is the municipality, the county provides services like the County Assessor (for tax implications), Treasurer, and the Recorder's Office (recording agreements for I-ADUs). County Sheriff provides primary law enforcement. No specific county-level STR regulations were identified in the sources provided, as the focus was state law and city authority.
  3. Utah State:
    • "Knotwell" Language (Utah Code Title 10, Chapter 8, Section 85.4 / Title 17, Chapter 50, Section 338): Cities/Counties cannot prohibit an individual from "offering a short-term rental on a short-term rental website" or punish them solely for the act of listing/offering on such a website. Cities can still regulate the underlying land use via zoning (permit, prohibit, restrict).
    • Definition: State law defines "Short-term rental" as "a residential unit or any portion of a residential unit that the owner of record or the lessee of the residential unit offers for occupancy for fewer than 30 consecutive days." This defines the STR category.
    • Transient Room Tax (TRT): Utah Code Title 59, Chapter 12 requires STR operators to collect and remit Transient Room Tax (State rate 1.0%, possibly plus local assessments if applicable by Salt Lake County - verify local TRT rates with the Tax Commission). Sales tax registration is mandatory.
    • Appeals: Cities must provide an appeal process for land use decisions (including future STR permits if adopted) per Utah Code.

Contact Information (Local Authority)

  1. City Attorney (Legal Questions on STR Legality/Zoning):
    • Todd Sheeran, City Attorney
    • Phone: 801-446-5323
    • Email: tsheeran@herriman.org
  2. Planning & Zoning Department (Confirm Zoning Compliance/Permitted Uses):
    • Phone: 801-446-5323
    • Website: https://www.herriman.gov/planning
  3. Building Department (Permits/Inspections - ADUs/Fire Safety Compliance):
    • Phone: 801-446-5323
    • Website: https://www.herriman.gov/building
  4. Business Licensing (Apply for/Manage License):
    • Phone: 801-446-5323
    • Website: https://www.herriman.gov/licenses
  5. Code Enforcement (Report or Verify Compliance Concerns):
    • Phone: 801-446-5323
    • Website: https://www.herriman.gov/code-enforcement
  6. Utah State Tax Commission (TRT Registration/Questions):
    • Phone: 801-297-2200
    • Website: https://tax.utah.gov/
  7. Unified Fire Authority (Fire Safety Code/Inspection):
    • Website: http://www.unifiedfire.org
    • Note: Direct phone contacts not provided in sources. Contact through main website.

Important Links to Source Pages

  1. Herriman I-ADU General Requirements: https://www.herriman.org/uploads/files/2600/I-ADU-General-Requirements.pdf
  2. City Attorney Presentation on STRs (ULUI): https://luau.utah.gov/wp-content/uploads/ULUI-Spring-2023-STRs.pdf
  3. Herriman City Code (Main Library): https://herriman.municipalcodeonline.com/book?type=ordinances (Referenced for I-ADU Regs: https://codelibrary.amlegal.com/codes/herrimanut/latest/herriman_ut/0-0-0-15189)
  4. Herriman Ordinances & Code Page: https://www.herriman.gov/ordinances-and-code
  5. UT Land Use Institute STR Outline: https://utahlanduse.org/wp-content/uploads/2023/04/STR-Outline.pdf
  6. Herriman Planning Department: https://www.herriman.gov/planning
  7. Herriman Business Licensing: https://www.herriman.gov/licenses
  8. Herriman Code Enforcement: https://www.herriman.gov/code-enforcement
  9. Herriman City Council Agendas: https://www.herriman.gov/city-council/agendas-and-minutes
  10. Utah State Tax Commission: https://tax.utah.gov/
  11. Unified Fire Authority: http://www.unifiedfire.org (For fire code compliance questions)

Critical Note for Investors: The legal landscape for STRs in standalone Herriman properties is currently ambiguous due to the lack of a specific city ordinance. Operating an STR carries inherent risk until the City clearly defines its rules through ordinance adoption. Before purchasing or listing any property as an STR in Herriman, investors must confirm the zoning permissibility of the STR use directly with the Planning Department and obtain the necessary City Business License and State TRT registration. Consulting with the City Attorney (Todd Sheeran) for legal advice specific to your situation is highly recommended.

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Herriman

Market Saturation Score

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

Overview of Herriman

Herriman ( HERR-ih-mən) is a city in southwestern Salt Lake County, Utah. The population was 55,144 as of the 2020 census. Although Herriman was a town in 2000, it has since been classified as a fourth-class city by state law. The city has experienced rapid growth since incorporation in 1999, as its population was just 1,523 at the 2000 census. It grew from being the 111th-largest incorporated place in Utah in 2000 to the 14th-largest in 2020.

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