Virginia county rules
James City County, VA vacation rental rules and taxes
James City County, which surrounds Williamsburg, treats short-term rentals as “tourist homes” or “rental of rooms,” and most residential districts require a Board of Supervisors special use permit. The county’s plan favors rentals in rural or commercial areas, on a major road, at the edge of a subdivision, with the owner living on site, and it has denied whole-home rentals that miss those marks. Stays pay 7% sales tax plus a 5% lodging tax and $2 a night.
Checked against official sources November 7, 2026Renting a home for more than 30 days needs no special use permit. A permit for an accessory apartment doesn’t cover short-term rentals; that takes its own permit.
The county has contacted owners listing rentals without a permit. In 2024 the Board considered dropping the owner-lives-on-site guideline after the Planning Commission recommended against it; we couldn’t find the final vote.
James City County’s website blocked our automated checks; we read the county’s posted meeting documents instead. The City of Williamsburg has its own, stricter rules.
What to do
Check whether your property fits the county’s guidelines
The county’s plan says short-term rentals fit best on land planned as rural, commercial, mixed use, or economic opportunity; on a major road (arterial or collector, not a subdivision street); on the edge or corner of a subdivision rather than inside it; and with the owner living on the property during stays. Staff have recommended against, and the Planning Commission has voted down, applications that missed several of these.Source
Apply for a special use permit
Most residential districts need a Board of Supervisors special use permit, with Planning Commission and Board hearings and notice to neighbors. Approvals usually tie the rental to a site layout (the “master plan” filed with the application) and set limits such as the number of bedrooms and guests, one rental contract at a time, no signs, and all parking on the property.Source
Get your license and certificate of occupancy
Even where a tourist home is allowed by right, you need a business license and an updated certificate of occupancy showing the home meets commercial fire and building codes. Permits typically require both within 12 months.Source
Taxes on each stay
Stays under 90 days owe 7% sales tax, and stays under 30 days also owe the local transient occupancy tax. Airbnb collects both on its bookings. If guests pay you directly, file sales tax with Virginia Tax. For direct bookings, file the 5% transient occupancy tax and $2 per room per night with the James City County Commissioner of the Revenue before the 20th of each month, payable to the Treasurer. Late filing or payment adds a 10% penalty.Source
House rules for guests
Sources
- 2045 Comprehensive Plan, Land Use chapter: Short-Term Rentals (in Policy Committee agenda, October 12, 2023) · James City County
- Resolution, Case No. SUP-22-0011, 3004 Ironbound Road Tourist Home (September 13, 2022) · James City County Board of Supervisors
- Ordinance No. 107A-73, Chapter 20, Article IV, Transient Occupancy Tax (adopted March 8, 2022) · James City County Board of Supervisors
- Virginia Airbnb market data (active listings) · AirROI
- Planning Commission agenda packet, September 4, 2024 (minutes of prior STR cases) · James City County Planning Commission
- Board of Supervisors agenda, February 27, 2024 (Comprehensive Plan amendment: short-term rental development standards) · James City County Board of Supervisors
- Virginia Locality Transient Occupancy Rate Chart (as of July 1, 2025) · Virginia Tax
A plain-language summary to help you prepare, not legal advice. Rules and fees change; confirm with the office before you apply. Spot something out of date? Email hello@licensedrental.com.