Overview: Are Short-Term Rentals Allowed in Elkins, WV?

Short-term rentals are allowed in Elkins, WV, but they are subject to specific regulations and requirements. The city explicitly recognizes short-term rentals as business operations that must comply with zoning regulations, obtain proper licensing, and follow all applicable business requirements. As of the 2022 zoning code update, Elkins has implemented specific provisions governing where and how short-term rentals may operate within city limits.

How to Start a Short-Term Rental Business in Elkins

Step 1: Property Zoning Compliance

Before purchasing or converting a property for short-term rental use, verify that short-term rentals are permitted in your specific zoning district. The 2022 zoning code divides Elkins into multiple districts with varying regulations for rental operations. Contact the Building, Code Enforcement & Zoning Department to confirm your property's zoning designation and STR eligibility.

Step 2: Business Registration and Licensing

Short-term rentals are explicitly classified as businesses in Elkins. You must:

• Obtain a city business license for your rental property
• Register the business with the city
• Ensure compliance with all business tax requirements

Step 3: Building and Safety Compliance

Secure all required building permits and ensure your property meets:

• Building code requirements
• Property maintenance standards
• Safety equipment installation (smoke detectors, carbon monoxide detectors, fire extinguishers)

Step 4: Registration Program Enrollment

Complete any required rental registration programs as mandated by city code enforcement.

Required Documents, Permits, Licenses, and Guidelines

Municipal Requirements

1. City Business License: Mandatory for all short-term rental operations
2. Business Registration: Required business classification and tax registration
3. Zoning Permit: May be required depending on property modifications or use changes
4. Building Permits: Required for any construction, electrical, plumbing, or structural work

State-Level Requirements (West Virginia)

1. State Sales Tax Registration: Required to collect and remit 6% sales tax on rentals under 30 days
2. Business Registration Certificate: State-level business registration through WV Business Registration system

Recommended Documentation

• Liability insurance policy (minimum $1M coverage)
• Safety equipment documentation
• Emergency contact information
• Guest rules and rental agreements
• Tax collection and remittance records

Specific Regulations for Short-Term Rentals

City-Level Regulations (Elkins)

The 2022 zoning code includes specific provisions for short-term rentals:

• Business Classification: STRs are explicitly recognized as business operations
• Zoning Compliance: Must be permitted in the specific zoning district
• Licensing Requirements: City business license mandatory
• Registration Programs: Rental registration requirements administered by code enforcement
• Grandfathering Provisions: Existing legal operations are protected under non-conforming use status

Zoning Districts and STR Permissibility

The 2022 code divides Elkins into nine zoning districts:

• Agriculture (Ag)
• Single-family Residential (R-1)
• City Residential (R-2)
• Recreational (R)
• Central Business District (CBD)
• Commercial (B-1)
• Educational (E)
• Industrial (I-1)
• Telecommunications Overlay (TO)

Note: STR permissibility varies by district. Consult the zoning use table and contact city officials to determine specific allowances for your property location.

Enforcement and Compliance

• Enforced by the city's Building Inspection & Code Enforcement Department
• Zoning Officer has authority to issue permits and ensure compliance
• Violations can result in code enforcement action and business license revocation

State-Level Regulations (West Virginia)

• Sales Tax Collection: 6% tax on all rentals under 30 days
• Business Registration: Required state-level business registration
• Local Hotel Occupancy Tax: May apply depending on county/municipality (verify with local authorities)

Contact Information for Local Authority

Building, Code Enforcement & Zoning Department

Primary Contact:

• Property Maintenance Code Official: Jessie Kittle
• Address: 401 Davis Avenue, Elkins, WV 26241
• Phone: 304-636-1414, ext. 1432 (office)
• Email: jkittle@cityofelkinswv.gov

City of Elkins Main Contact:

• Address: 401 Davis Avenue, Elkins, WV 26241
• Phone: 304-636-1414
• Website: cityofelkinswv.gov

Application Links and Resources

• Building Permits: Apply for Building Permit
• Business Licensing: Available through Finance Department
• Zoning Information: Building, Code Enforcement & Zoning Department

Additional City Departments

Finance Department (Business Licensing & Taxes):

• Phone: 304-636-1414
• Website: cityofelkinswv.gov/departments/finance/business-licensing-taxes/

Important Resources and Links

Zoning Code and Maps

• 2022 Zoning Code Online: View Zoning Code
• Zoning Map: 2022 Zoning Map PDF
• Zoning Use Table: Use Table PDF

City Government Resources

• Building, Code Enforcement & Zoning Department: cityofelkinswv.gov/departments/building-code-enforcement-zoning/
• Business Licensing Information: cityofelkinswv.gov/departments/finance/business-licensing-taxes/
• Zoning Update Information: cityofelkinswv.gov/departments/building-code-enforcement-zoning/zoning-update/

Investment Considerations and Best Practices

Market Characteristics

• Elkins serves as a gateway to outdoor recreation (Monongahela National Forest)
• Historic downtown area with arts and cultural attractions
• Proximity to Davis & Elkins College
• Seasonal demand patterns with peak periods

Compliance Strategy

1. Proactive Engagement: Contact city officials early in the process
2. Professional Consultation: Consider hiring local professionals familiar with Elkins regulations
3. Documentation Maintenance: Keep detailed records of all permits, licenses, and compliance activities
4. Community Relations: Maintain positive relationships with neighbors and city officials

Due Diligence Checklist

• Verify zoning compliance for specific property location
• Confirm business license requirements and costs
• Understand building code and safety requirements
• Research tax obligations (state sales tax and any local taxes)
• Review rental registration program requirements
• Assess market demand and competition in the area

Disclaimer: This guide is based on available information as of 2025. Regulations may change, and specific property circumstances vary. Always verify current requirements with local authorities and consult with legal and tax professionals before making investment decisions.