Nantucket, Mass., Code of Bylaws ch 123 § 123-5
Enforcement (Nantucket Short-Term Rentals)
Operative Text
A. Whoever violates any provision of this bylaw or a regulation promulgated hereunder may be penalized by indictment or on complaint brought in the district court. The Town may seek to enjoin violations thereof through any lawful process, and the election of one remedy by the Town shall not preclude enforcement through any other lawful means. B. Whoever violates any provision of this bylaw or a regulation promulgated hereunder may be penalized by a noncriminal disposition process as provided in Massachusetts General Laws, Chapter 40 , § 21D , and the Town's noncriminal disposition bylaw (Chapter 1 of the Town Code). If noncriminal disposition is elected, then any person who violates any provision of this bylaw or regulation shall be subject to a penalty in the amount of $100 for the first offense; $200 for the second offense; and $300 for a third and subsequent offense. Each day or portion thereof shall constitute a separate offense. The Board of Health or its agent, or any police officer of the Town, shall be the enforcing authority. C. If a notice of violation of this bylaw or any regulation promulgated hereunder or other order is issued to the operator or the owner of the property by the Board of Health or its designee, after a certificate of registration is issued, the Board of Health, after a hearing, may suspend for a period of time determined by the Board of Health or revoke said certificate of registration until the violation has been cured or otherwise resolved. Multiple violations by any operator may, at the discretion of the Board of Health and after a hearing, disqualify that operator from obtaining a certificate of registration for a period of up to three years. D. In accordance with G.L. c. 64G, § 14(v) , the Town may assess a civil penalty not to exceed $5,000 for any violation of this bylaw or a regulation issued hereunder. Each day a violation continues shall be considered a separate offense.
Nantucket, Mass., Code of Bylaws CH. 123 § 123-5 establishes multiple enforcement pathways for violations of the town's short-term rental bylaw. Violations can be pursued criminally through indictment or district court complaint, through a noncriminal ticket-based process with escalating fines ($100 for a first offense, $200 for a second, and $300 for third and subsequent offenses, each day counting separately), or through a civil penalty of up to $5,000 per day. Beyond fines, the Board of Health may suspend or revoke a rental operator's certificate of registration and can bar repeat violators from obtaining a new certificate for up to three years.
Plain English — not legal advice.
Operators subject to CH. 123 § 123-5 generally maintain continuous compliance with all provisions of the bylaw and any regulations issued under it, because each calendar day of a continuing violation can be treated as a separate offense under both the noncriminal and civil penalty tracks. Compliant operators respond promptly to any notice of violation issued by the Board of Health, since unresolved violations can trigger a hearing that results in suspension or revocation of the certificate of registration. Operators with multiple violations risk discretionary disqualification from holding a certificate for up to three years, making timely remediation a standard operational practice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
CH. 123 § 123-5 gives tenants and neighbors a framework for understanding how Nantucket enforces its short-term rental rules: complaints can be directed to the Board of Health or its agents, or to a Town police officer, who serve as the designated enforcing authorities. If an operator is found to be violating the bylaw, the Board of Health has authority to hold a hearing and suspend or revoke the operator's certificate of registration, which is a meaningful remedy beyond financial penalties. Individuals who believe a violation is occurring may contact the Board of Health to initiate the complaint process, and tenant-rights or housing organizations can help clarify what documentation or steps are generally involved.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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