Park County commissioners deny permit for short-term rental in Wapiti
POWELL — Park County commissioners unanimously denied a permit that would have allowed a Wapiti homeowner to continue using his property as a short-term rental.
Commissioner Dossie Overfield, who made the motion to deny property owner Matt Decker’s request, said the use was not in harmony with the neighborhood; she noted that many area residents were present at the commission’s Jan. 20 meeting to voice their opposition.
“I think that brings up one of the areas that the county commissioners have to look at, and that’s compatibility and harmony with the neighborhood,” Overfield said. “And I think we’re hearing a lot of the neighborhood saying that they don’t believe that it is compatible or in harmony with their neighborhood as it exists today. And I’m taking that into account.”
Seven neighbors and an attorney representing another one spoke in opposition to the permit while Decker, his attorney, two local real estate agents and one neighbor spoke in favor at the meeting.
Opposition had also been expressed in comments written and sent in throughout the process or given in person at a Park County Planning and Zoning meeting in December; that advisory board had recommended the county commissioners deny the special use permit for Decker’s property within Cody’s Country Subdivision.
It represented the latest instance of North Fork residents rallying to protest certain new developments, from a yoga studio to a cell tower.
The underlying regulations
The residence on Aerie Drive had been used as a short-term rental for some time, though the lot and its 1,275 square foot, three-bedroom home sits within a general rural zoning area that requires a permit for that use.
As the county works to rewrite its development standards and regulations, commissioners are currently mulling how they want to regulate short-term rentals going forward.
At this point, however, stand-alone short-term rentals are basically designated as a hotel/motel, and thus as a commercial tourism business.
Park County Planner Kim Dillivan said the county makes a distinction between properties like Decker’s that are being used solely as a short-term rental and those where the owners live elsewhere on the property and offer a short-term rental in a permitted alternate dwelling unit.
Still, supporters of Decker’s request expressed concern about the county’s classification of Decker’s property, with the owner and a couple realtors saying short-term rentals shouldn’t be considered a commercial business.
“You, as a government entity who represent us, the people of Park County, have no authority or jurisdiction concerning such private nature agreements,” said Kacie Schwarz, co-owner of Yellowstone Realty and a CPA. “It is a misappropriation of funds and resources of Park County that this matter has reached this level of our public boards and committees, when the only possible violation is that of a covenant of private land restriction which should be heard in civil courts and funded by the land owners in that specific subdivision.”
Her reference to a possible violation alluded to one of the main contentions brought up by neighboring residents, who said the subdivision’s covenants prohibit short-term rentals.
Decker and supporters also questioned why he was being singled out, but Park County Planning Director Joy Hill said her staff recently began sending violation notices to a number of other property owners who are operating a short-term rental on a property without an SUP and without also living on the property.
She said that’s the situation for roughly 30% of the unpermitted short-term rentals in the county.
“There will be more coming,” she said.
Hill said non-owner occupied properties are being targeted first because county residents indicated in 2019 surveys that they viewed those short-term rentals as more harmful.
“We are working on literally dozens of violations at the same time right now,” she said. “As you know, we’ve even taken in help from another department to try to get working on them.”
Hill added that it’s not a quick process and requires investigation.
“I don’t want to issue violation notices to people who aren’t actually in violation,” she said. “We take it seriously. We recognize people have rights. We just want to make sure we’re doing it correctly.”
Trouble in Cody’s country
Decker purchased a lot in the unusual Wapiti subdivision in 2024 and built a three-bedroom, one-bath house on the unique roughly quarter acre circle lot.
The 1970s subdivision is filled with small, circular lots that are grandfathered in but would otherwise be far too small for the current zoning area, which includes a 5-acre average minimum lot size.
Decker contended the covenants made in the 1970s and referenced by neighbors are not enforceable, saying the documents were never signed by 80% of subdivision members nor was an HOA formed.
He blamed some of his neighbors for bringing the short-term rental issue up and said his renters have not caused any issues.
“We chose Wyoming to build our vacation home in order to fully utilize our private property,” said Decker, who is a New York resident. “We have been visiting Wyoming to see my wife’s family for over 20 years, and we assumed Wyoming was a ‘live and let live’ state which would protect our private property rights.”
A number of neighbors in opposition said issues started last summer, when they noticed strangers driving through the neighborhood to the Deckers’ house. The neighbors’ reasons for objecting included what they saw as a violation of subdivision covenants, general opposition to short-term rentals, increased noise, traffic and road impacts.
One neighbor, Mike Johnson, said when neighbors first realized Decker was operating a short-term rental, a handful talked to him on the phone.
“His actions checked off every negative stereotype you’d expect from a self-centered, out-of-state owner,” Johnson asserted. “He has ignored our covenants and rules. He’s ignored his neighbors asking him to stop. He’s ignored the subdivision owner asking him to stop. He’s ignored the planning and zoning [department] telling him to stop, and now he’s still advertising that business after planning and zoning denied his SUP.”
(While the planning and zoning board recommended the denial of a permit for Decker, it was only a recommendation and not a denial.)
Looking down the road
During last week’s discussion, Commissioner Lloyd Thiel suggested his colleagues think of larger ramifications for their decision than just the matter at hand.
“I do think that this is a perfect example of the questions that revolve around where do short-term rentals end up,” he said. “This is groundwork for that. I can see all sides. I can also speak from experience how disruptive an Airbnb can be. Consider not just this SUP but where we move from here.”
The county hosted public meetings and conducted a large survey of residents in 2019 to determine thoughts on short-term rentals.
That progress was stalled by Covid, but the discussion was revived during the process of creating a new land use plan and now the development standards and regulations stemming from it. Planning and zoning board members and a group of technical experts are currently looking through the regulations to form a new draft that will be presented to commissioners and the public for comment and review.
This story was published on Jan. 29, 2026.