WHAT CAN YOU DO

• Learn about the existing Nantucket STR bylaws and regulations and share with your neighbors and service providers. These Short Term Rental Regulations went into effect on 1 January 2023.  Those affected need to know what those regulations mean to them and their homes and businesses.  

1. The Nantucket STR Registry portal launched in March 2024.  See our detailed FAQs and the Town's STR Registry Portal for more information.  
2. As a result of the passage of the STR General Bylaw (Chapter 123), the Board of Health and Select Board were empowered to enact STR regulations which govern how the STR registry to operate and be enforced along with its fees and penalties.  These regulations can be found in Chapter 338 of the town code.
3. These regulations provide a Hotline (508) 315-6372 to report any noise, safety, outdoor lighting or parking violations at a Short Term Rental home.  Reported incidents will be routed to the appropriate enforcement organization to be vetted and if a violation is confirmed, hearings, fines and possible loss of STR certificate for up to 3 years is possible.

The initial implementation will seek to begin (11/1/2024) enforcement of:

• the existing STR registration and regulation process that was approved at the 2022 Annual Town Meeting (ATM) and approved by the Attorney General
•  2023 Special Town Meeting (STM) Article 3 opting in to the 3% Community Impact Fee to be assessed on all Nantucket STRs where the owner operates more than 1 on different properties (in effect 1 October 2024)
• 2024 ATM Article 60 (disallowing corporate owned STRs) which was approved
• 2024 STM Article 5 (strengthening the definition of corporations to exclude Real Estate Investment Trusts and Partnerships taxed as a corporation where all the owners are not natural persons
• NOTE: The latter 2 are currently under review by the State Attorney General and are not yet in the town code.

The recent ruling by the Land Court Judge and the decision of the town not to appeal the judgment put the decision on the future of traditional vacation rentals in the hands of the Zoning Board of Appeals (ZBA).  The ZBA ruled that the Grape and Keith families were not running commercial operations in a residential zone, were not in violation of noise or nuisance ordinances and  had operated their STRs in a traditional and customary  manner.  The ZBA did not view 'counting of days' in their home as a reasonable or enforceable means to measure what was permitted in current zoning, citing the availability of their homes for use by the family whenever it was not rented.  Cathy Ward has appealed their ruling despite the fact the Judge Vhay has not yet weighed in but the Quick Case against the Keith family was not appealed and is now ruled moot.

Nantucket's economy is intentionally based on tourism and vacation rentals to house our visiting families.  The 900 hotel/B&B bedrooms do not support a viable tourist economy, nor do they provide a home-like venue to gather, cook and eat together.

The types and operating models of vacation rentals runs the gamut from full family compound with multiple dwellings to unheated seasonal cottages and everything in between.  Until the Nantucket STR Registry is populated with local information, the impact of the ruling is unknown and defies accurate prediction.  And there are other similar lawsuits that have yet to be decided in court.

You can choose to protect yourself and your livelihood (are any jobs on Nantucket disassociated with the seasonal tourist industry?).  Regardless of what STR regulations are proposed, a Yes Vote on proposed articles that provide zoning protection for STRs is essential.

The Inquirer & Mirror got it right in their post 2024 STM Editorial where they cited higher priority town issues that needed the attention of the voters, recommended that citizens let the existing STR regulations go to work and move on from the issue until their effects are known and adjustments can be made if needed.  However, the authors of STM Article 2 which was defeated at the 2024 STM , Nantucket Neighborhoods First (NNF) vowed to submit another citizens article for the 2025 Annual Town Meeting and have done so.  Theirs and others (4  in total) have been published here and have written comments from Town Counsel regarding their content, intent, adherence to form which can be found here.

We support Article X (to be renumbered in the final warrant) which codifies the ZBA remand decision on customary Nantucket Vacation rentals.

Please submit your written feedback to the Finance Committee, Planning Board and Select Board as they evaluate them and ake their recommendations over the next few months.

If you have felt powerless in the past, and you are weary of the debate, this is your chance to make a difference with your vote at ATM and we can all move on.

1. If you currently or plan to operate an STR  you must register by 1 November of the year prior to operation.  Since the registry was not live before the due date for 2024, registry requirements have been clairified for this season with registration prior to 1 November 2024 covering your 2024 ad 2025 registration.  2025 registration certificates are now available on the GovOS website by logging into your account using guidance that can be found here.
2. If you have not yet been contacted by the town, it is still your responsibiity to call the GOVOS hot line to get an account created so you can register.
3. If you own more than 1 STR property, you must begin collecting the 3% Community Impact Fee for leases in effect as of 1 October 2024.  The fee must be remanded to MA DOR along with the room occupancy excise taxes of 11.6%. 
4. Take the time to read the requirements and make sure you have posted required information for your guests in a folder in your home, posted exit signs in all bedrooms, provided information about the location of fire extinguishers and local contact information for issues or concerns.  Your rental listing must contain both your MA and Nantucket STR certificate numbers.

We will do our best to keep our FAQs page updated with the latest information about the STR registry launch and when the online live link is available, it will be posted below.