Brunswick County, NC

Where short-term rentals are allowed in Oak Island, NC

In Oak Island the answer depends on your street. The town's restrictions follow Beach Drive and a few other named streets.[5]

Every rule below links to the official source it comes from, verified October 2, 2026.

Can you rent short term in Oak Island?

Your zoning decides

Seasonal homes
4,840
Housing units
10,805
Residents
9,030

U.S. Census Bureau, 2024 ACS 5-year estimates

  • City ruleAllowed by zone
  • City feeNone published
  • Tax on each stay11.75%
  • Seasonal homes448 per 1,000

Oak Island short-term rental rules

Oak Island draws its short-term rental limit street by street rather than by zoning district. Rentals are prohibited on both the north and south sides of Beach Drive from SE 40th to SE 58th Street. West of SE 40th Street, the town allows no new short-term rentals on Beach Drive, Dolphin Drive, Pelican Drive or Kings Lynn Drive. The same goes for the side streets connecting to them, which protects the existing ones without letting the count grow. Everywhere else on the island the town's lever is fiscal. It levies an occupancy tax on every rental of a home, cottage or other lodging to the same person for less than ninety continuous days. The rate is 5% of gross receipts, filed monthly by the twentieth of the following month. Where the property is listed with a rental agency, it is the agency rather than the owner that reports and pays.[5]

What Oak Island asks of you

  • Short-term rentals are prohibited on the north and south sides of Beach Drive from SE 40th to SE 58th Street.[5]

  • West of SE 40th Street, no new short-term rentals are allowed on Beach Drive, Dolphin Drive, Pelican Drive, Kings Lynn Drive or the side streets connecting to them.[5]

  • The town levies an occupancy tax on every rental of a home, cottage or other lodging to the same person for less than ninety continuous days.[4]

  • Tax reports and payment are filed with the town monthly, by the twentieth day of the month following the reporting month.[4]

  • Where the property is listed with a rental agency, it is the agency that reports and pays the tax, not the owner.[4]

Apply on the Oak Island site

What North Carolina asks wherever you host

These rules apply at this address whatever the city decides.

  • Under G.S. 160D-1207(c), no North Carolina city can make registration a condition of renting your property. Demanding a housing-code permit before you rent is barred as well. The Court of Appeals applied that rule in Schroeder v. City of Wilmington.[1]

  • Zoning is what remains. In that case the court let a city keep whole-house lodging inside named districts. Parking rules survived too, as did limits on large events. So did insurance conditions and posted safety information.[1]

  • Renting out a private residence or cottage owes North Carolina's 4.75% sales tax. Sales tax stops once a single guest has stayed ninety days in a row.[3]

  • Local and transit rates of sales tax apply as well. Any occupancy tax levied by a city or county comes on top.[2]

North Carolina short-term rental rules

What a guest pays on top of your nightly rate in Oak Island

Each layer is set by a different authority, and not all of them are collected by the platform.

Short-term rental tax layers in Oak Island
LayerRateRemitted to
North Carolina state sales tax[3]4.75%The state revenue department
Local and transit sales tax[3]2%The state revenue department
Oak Island accommodations tax[4]5%The city
Total on a taxable stay11.75%

Oak Island is one of the few North Carolina towns that levies and collects its accommodations tax itself, at 5% of gross receipts, rather than leaving it to the county.[4]

What the census counts

How much of Oak Island is already a second home

The Census Bureau counts 4,840 of Oak Island's 10,805 homes as vacant for seasonal, recreational or occasional use. That is 448 out of every 1,000. It ranks Oak Island 11th of the 31 North Carolina cities on this site for the share of its housing stock kept for part-year use.

Rank in the state
11th of 31
Share of housing
448 per 1,000
Median home value
$456,500

U.S. Census Bureau, 2024 ACS 5-year estimates, tables B25004, B25001, B01003 and B25077.

Nearby and comparable

Where Oak Island sits among its neighbors

Ocean Isle Beach, NC

Allowed by zone

2,045 seasonal homes, 604 per 1,000 housing units.

Ocean Isle Beach short-term rental rules

Holden Beach, NC

Allowed by zone

1,616 seasonal homes, 650 per 1,000 housing units.

Holden Beach short-term rental rules

Southport, NC

Allowed by zone

346 seasonal homes, 140 per 1,000 housing units.

Southport short-term rental rules

Banner Elk, NC

Permit required

384 seasonal homes, 443 per 1,000 housing units.

Banner Elk short-term rental rules
StatewideEvery North Carolina city on this site, in one tableState law, the tax stack and every city we cover in North Carolina, with what each one asks of a host.North Carolina short-term rental rules

FAQ

Oak Island short-term rental questions

Which Oak Island streets are closed to short-term rentals?

Both sides of Beach Drive from SE 40th to SE 58th Street. West of SE 40th, no new rentals are allowed on Beach Drive, Dolphin Drive, Pelican Drive, Kings Lynn Drive or their connecting side streets.[5]

Who files the Oak Island occupancy tax if I use an agency?

The rental agency. If the property is listed with one, the agency is responsible for reporting and paying the tax.[4]
Read nextHow to start an AirbnbThe six steps in order, starting with the permit check.Read the guide

Sources

  1. Short-Term Rental Regulations after Schroeder, Coates' Canons, UNC School of Government, read on September 20, 2026
  2. Rentals of Accommodations, Sales and Use Tax, North Carolina Department of Revenue, read on October 2, 2026
  3. Sales and Use Tax Bulletins, January 2026 (SUTB 1 and SUTB 6, Accommodations), North Carolina Department of Revenue, read on October 2, 2026
  4. Pay Accommodations Taxes for My Rental Property, Town of Oak Island, read on September 20, 2026
  5. Planning Division, Town of Oak Island, read on September 20, 2026

This page is not legal advice. It summarizes the official sources listed on this page as they read on October 2, 2026. Rules can change after that date, so check with the issuing office before you apply or publish a listing.

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