Short-Term Rental Rules in Boerne, TX

Read this first: the City of San Antonio's short-term rental ordinance does not apply in Boerne. Boerne is in Kendall County, not Bexar County, and it is a separate home-rule municipality with its own code. San Antonio's permit types, fee schedule and density rules are irrelevant here. I've watched investors underwrite a Boerne deal off a San Antonio STR guide and get the economics wrong in both directions.

What follows comes from City of Boerne Ordinance No. 2023-09, which repealed and replaced Chapter 23 of the City Code.

Where the ordinance applies

Compliance is required "before advertising, offering to rent, or renting to an occupant" any residential single-family home, residential structure, accessory dwelling, manufactured or mobile home, or duplex "located inside the area regulated by the city" for a period of less than 30 consecutive days (Sec. 23-5).

Per the City's Short-Term Rentals page, any STR operating within Boerne city limits or the city's extraterritorial jurisdiction (ETJ) must be registered and permitted by the City.

A short-term rental is defined as rental for compensation of any residence or residential structure, or portion of one — including a room in a home, an accessory dwelling, a manufactured/mobile home or a duplex — located in a zoning district where residential use is lawful, for overnight lodging of not more than 30 days. Hotels and motels are excluded (Sec. 23-3).

Three categories exist and they matter for how you're permitted:

• Owner-occupied STR — the owner or tenant lives on the property and it is the owner's primary residence, "as evidenced by a current residence homestead exemption filed with the Kendall County Appraisal District."
• Accessory dwelling / guest house STR — the owner lives on the property and rents a lawful accessory dwelling on the same lot.
• Unoccupied STR — a stand-alone home that is not the owner's principal residence.

Permit, fees and inspection

Per Sec. 23-8:

Item	Requirement
STR permit application fee	$200
City safety inspection fee	$100
Permit term	Two years from effective date
Renewal	Within 30 days after expiration; may apply 30 days prior
Inspection alternative	A licensed inspector may perform it and report on the city's STR inspection checklist
ETJ properties	Not required to obtain an inspection

The ordinance states these fees apply "on the effective date of this ordinance, or as subsequently amended by the city fee ordinance." Confirm the current fee schedule with the City's Planning Department at (830) 248-1501 before you budget — fee ordinances get updated and the number in a 2023 ordinance is not guaranteed to be today's number.

Other permit mechanics worth knowing:

• Each registered STR gets a unique permit number, and that number must appear in all advertising, online or otherwise. Permit information is provided to the city police department (Sec. 23-8(e)).
• The owner must notify the city in writing within 20 calendar days of any change to information submitted on the application (Sec. 23-8(g)).
• Permits do not automatically transfer. A new owner may reserve the permit within 90 days of the ownership change, but must complete a new application and inspection and pay the fees. The permit cannot be moved to a different location. Before reservation, the current owner must give the new owner a Certificate of Paid Hotel Taxes from the city finance department (Sec. 23-8(h)).
• Any owner delinquent on fees or taxes owed to the city — including hotel occupancy tax and utility service fees — is prohibited from registering until paid in full (Sec. 23-8(f)(3)).

That transfer provision is the one that bites in a transaction. If you're buying an operating STR in Boerne, the permit does not come with the house automatically. Build the 90-day reservation window, the new inspection, and the Certificate of Paid Hotel Taxes into your contract. I put this in writing during the option period on every STR purchase.

The density rule

In areas zoned for residential use:

"no short-term rental shall operate within 200 feet of another short-term rental on the same block face, measured property line to property line. Only one short-term rental may operate on any lot, property or parcel in an area zoned for residential use." (Sec. 23-7(a)(1)(a))

In the Historic, Downtown and River Road Overlay Districts:

• Properties zoned commercial may operate an STR with no separation requirement.
• Properties zoned residential are still subject to the 200-foot rule (Sec. 23-7(a)(1)(b)).

All other commercial zoning districts: STRs may not operate, except as permitted in the overlay provision above (Sec. 23-7(a)(1)(c)).

A special exception is available. An owner may apply to the zoning board of adjustment under Section 1.12(C) of the city's Unified Development Code. The board may consider whether operation in excess of the density limit would adversely impact residential quality, disrupt neighbors' quiet enjoyment, impact nearby streets and parking, whether the applicant wants to rent the whole residence or part of it, whether the applicant occupies the property as a primary residence or holds it as an investment, and whether other STRs beyond the separation distance already operate on that block (Sec. 23-7(a)(1)(d)).

Note the fifth factor. An owner-occupant applying for a special exception is explicitly treated differently from an investor. If you're buying purely as an investment and you need a special exception to make the deal work, understand the odds before you go hard on earnest money.

Legal nonconforming status: an STR lawfully in existence based on preexisting permits and current hotel occupancy tax remittance on the ordinance's effective date is a legal nonconforming use, and renewal or transfer of that existing permit is not subject to the minimum separation distance (Sec. 23-9(d)(1)). If you're buying an established Boerne STR, whether it carries that grandfathered status is a material question — ask, and get it confirmed by the City in writing.

Operating requirements

Occupancy (Sec. 23-7(a)(2)): two persons per bedroom, plus two additional. A three-bedroom house caps at eight. A special exception is available from the zoning board of adjustment, which may also weigh property size and fire safety.

Parking (Sec. 23-7(a)(7)): a minimum of one on-site parking space per bedroom rented. On-street parking may count if it abuts the property, is at least 25 feet long per space, and leaves clear space for a mailbox and trash receptacle.

Insurance (Sec. 23-6(b)(6)): minimum liability coverage of $500,000 per occurrence and $1,000,000 in the aggregate, with an endorsement giving the city at least 30 days' notice of cancellation, non-renewal or material change — 10 days for non-payment.

Hotel occupancy tax (Sec. 23-7(a)(4)): the owner or operator must register with the city finance department to pay hotel occupancy taxes before the permit application is approved, and must remit them in a timely manner. Boerne's hotel occupancy tax is 7% city on top of the 6% state rate (City of Boerne).

Signage (Sec. 23-7(a)(3)): no signs identifying the STR, except a single nameplate not exceeding one square foot attached flat to the main building.

Advertising (Sec. 23-7(a)(11)): every listing must include the occupancy limits, parking standards, and the city permit number.

Events prohibited (Sec. 23-7(a)(10)): it is unlawful to advertise, promote or operate a special event on the premises — event center operations, banquets, weddings, receptions, reunions, parties, concerts or similar activities assembling large numbers of invitees. This kills the Hill Country wedding-venue-plus-STR business model inside the regulated area. If that's your plan, it needs a different property and a different jurisdiction.

Minimum stay (Sec. 23-7(a)(9)): no rental for less than one night.

Temporary structures prohibited (Sec. 23-7(a)(5)): no RV, tent or temporary structure of any kind may be used as an STR.

Noise (Sec. 23-7(a)(8)): city noise ordinance (Chapter 14, Article V) applies.

Well and septic (Sec. 23-7(a)(12)): if served by well and/or septic, those facilities must be maintained to meet the regulatory requirements of Cow Creek Groundwater Conservation District and Kendall County specifications as applicable.

Local authorized representative: the application must name a representative with a 24-hour contact number who responds to complaints and emergency conditions including fire, natural disaster, flood, burst pipes, collapse hazard, emergency repairs and violent crime (Sec. 23-3, 23-6(b)(1)(e)).

HOA notice: the application must include confirmation that notice of STR use was provided to the HOA, if applicable (Sec. 23-6(b)(8)).

Guest information (Sec. 23-7(b)): posted in the unit and provided online — owner/operator contact, the 24-hour representative's number, neighborhood information including parking, noise, trash schedule and water restrictions, whether the property is in a floodplain, emergency contacts and weather alert instructions, and a floor plan sketch showing sleeping areas, maximum guests, evacuation routes, fire extinguisher locations and authorized parking.

Enforcement and penalties

A violation is a class C misdemeanor (Sec. 23-9(c)). Fines run up to $2,000 plus court costs for violations of regulations governing fire safety, zoning, or public health and sanitation; $4,000 plus court costs for dumping of refuse; and $500 plus court costs for all other violations. Each act of violation and each day a violation occurs is a separate offense.

Any advertisement promoting a property in the city for rent for less than 30 days is prima facie evidence of use as an STR (Sec. 23-9(b)). Operating unpermitted while listed publicly is not a defensible position.

Revocation grounds include failure to remit hotel occupancy tax within 60 days of a delinquency notice, failure to renew within 30 days, the dwelling being declared substandard, or non-collection of hotel occupancy tax for 24 months (with exceptions for renovation, use as a primary residence, or other reasonable justification). Three or more violations of the ordinance in a 12-month period, or five or more violations of other law within 24 months, can also trigger revocation. After a revocation or denial, no new permit may be sought for that property for twelve months — and the ordinance elsewhere states at least one year. Operations must stop within 10 days of notice.

Appeals go to the city manager within 20 days; the city manager must hear the appeal within 10 days and may affirm, modify or reverse. Judicial review requires filing within 30 days of the decision notice.

What about unincorporated Kendall County?

Here I'm going to give you a non-answer, on purpose.

Kendall County "does not regulate land use and has not adopted zoning regulations in the unincorporated areas of the County" (Kendall County Engineer verification letter, March 4, 2026). That tells you the county has no zoning. It does not establish that the county has no short-term rental regulation, and it does not address the City of Boerne's ETJ, which extends beyond the city limits and where the City's STR ordinance does apply.

Before you underwrite a short-term rental on an unincorporated Kendall County property, call the City of Boerne Planning Department at (830) 248-1501 to confirm whether the parcel is in the ETJ, and call Kendall County to confirm what county requirements apply. Get it in writing. I'm not going to tell you a property is unregulated based on the absence of an ordinance I happened not to find.

And regardless of what the city or county says: check the deed restrictions. In a county with no zoning, subdivision covenants are the operative land-use control, and many Kendall County subdivisions prohibit short-term rentals outright.

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Buying a Boerne property to short-term rent? Send me the address and I'll check whether it's in city limits, in the ETJ, or unincorporated; look at the block face for the 200-foot separation issue; pull the deed restrictions; and tell you whether an existing permit carries grandfathered nonconforming status. Those four things decide whether your pro forma is real, and all four are answerable before you spend a dollar on inspections.

Call or text 830-446-3847 · Email heath.shepard@kw.com

Heath Shepard, REALTOR — Keller Williams, Boerne and San Antonio. Eleven years in Texas real estate, with a background in land development. This page summarizes a city ordinance and is not legal advice — verify current requirements and fees directly with the City of Boerne.