Nantucket, Mass., Code of Bylaws ch 338 § 338-4

Procedure for obtaining certificate of registration; fee (Nantucket Short-Term Rental Property)

In Force
Verified 11/11/2026 · Next check 12/11/2026
NantucketShort-Term Rentals

Operative Text

Nantucket, Mass., Code of Bylaws ch 338 § 338-4
A. Applicants for a short-term rental certificate of registration shall submit an application on a form included as Attachment 1 to these regulations. [1] [1] Editor's Note: The Attachment 1 application form is available from the Health Department. B. The annual fee of $250 per unit for such certificate of registration shall be submitted with the application. C. All applicants must submit the following information and documentation with the application for a certificate of registration: (1) Ownership information, as set forth in the application form, including but not limited to the legal form of ownership, whether the unit is a professionally managed unit as defined in MGL c. 64G . The form shall also include the mailing address and contact information, and authorization from the owner to short-term rent the property if the owner is not the proposed operator, and shall include an attestation that all persons and entities with an ownership interest in the unit have been notified that a certificate of registration has been applied for. The attestation shall also include a statement as to whether the unit is subject to any deed restriction or covenant that restricts or prohibits the use of the unit as a short-term rental. (2) The address of the proposed short-term rental and a description of the premises, including square footage per records of the Nantucket Assessor, and number of bedrooms, bathrooms and parking spaces. (3) A copy of the certificate of registration currently on file with the Massachusetts Department of Revenue. (4) The name, address and contact information for at least one individual who will be available to be physically on site 24 hours a day to address any issues at the short-term rental within two hours' notice ("local designated person"), including, but not limited to, any conditions which may endanger or impair the health or safety and well-being of a person or persons occupying the premises, as set forth in 105 CMR 410.750 . (5) A certificate of insurance evidencing liability insurance coverage for operation of the premises as a short-term rental with liability limits of at least $1 million per claim, unless such short-term rental is offered through a hosting platform that maintains equal or greater coverage. (6) An attestation that the owner and operator (if applicable) are in compliance with all applicable federal, state and local laws, including but not limited to MGL c. 64G and the Fair Housing Act, MGL c. 151B , and local equivalents and regulations related thereto, and all other regulations applicable to residential dwellings, and that the owner and operator (if applicable) are current with all Town taxes, water and sewage charges and other fees, subject to the requirements of Chapter 19 , Finances, Article X , Licenses and Permits; Collections, §§ 19-13 through 19-18 , of the Town Code. (7) The purpose of this section is to implement the requirements of the Town's General Bylaw pertaining to Short-Term Rentals, codified as Chapter 123 of the Town Code. In accordance with §§ 123-2 and 123-3H , a limited liability company (LLC) or an S Corporation shall be eligible to apply for a certificate of registration only if all of its members, partners, beneficiaries, or shareholders, as the case may be, are natural persons, none of whom serve as an officer or director of a corporation, a member of a partnership, or an officer or investor in a real estate investment trust, that owns or operates, either directly or indirectly, a short-term rental in Nantucket. An applicant for a certificate of registration shall bear the burden of proof of compliance with this section which may be satisfied by the submission of an affidavit signed by an authorized representative of the LLC or S Corporation, under the pains and penalties of perjury. The Board of Heath retains the authority to require additional documentation that the applicant meets the requirements of this section. Any owner or operator holding a certificate of registration issued prior to the effective date of this regulation shall submit to the Board of Health sufficient documentation to demonstrate compliance with this regulation within 30 days of the effective date of this regulation. Any owner or operator holding a certificate of registration that fails to comply with this regulation shall subject the certificate of registration to revocation in accordance with § 123-5C of the Town Code. D. The Board of Health, or its agent, may reject any application that it deems incomplete.
Source: Legislative text reproduced verbatim
Plain English

Nantucket Code CH. 338 § 338-4 establishes the procedure and requirements for obtaining a short-term rental certificate of registration. Applicants must pay a $250 annual fee per unit and submit a detailed application that includes ownership information, property details, a Massachusetts Department of Revenue registration copy, proof of a local contact available around the clock, liability insurance of at least $1 million per claim, and attestations of legal compliance. Entities such as LLCs and S Corporations face additional eligibility restrictions, and the Board of Health may reject incomplete applications or revoke certificates for noncompliance.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 11, 2026

Plain English — not legal advice.

For Property Managers

Operators seeking a short-term rental certificate of registration under CH. 338 § 338-4 generally gather all required documentation before submitting their application, including the $250 per-unit annual fee, proof of Massachusetts Department of Revenue registration, and a certificate of liability insurance meeting the $1 million minimum. Compliant operators also designate a local contact person who can be on-site within two hours at any hour, and ensure that any LLC or S Corporation ownership structure meets the natural-person membership requirements described in the provision. Operators holding certificates issued before the regulation's effective date are expected to submit compliance documentation to the Board of Health within 30 days of that date.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under CH. 338 § 338-4, short-term rental operators in Nantucket are required to maintain valid certificates of registration, carry substantial liability insurance, and designate a local contact reachable around the clock — protections that bear directly on tenant and guest safety. If a rental unit appears to be operating without a proper certificate or without the required local contact, occupants may raise these concerns with the Nantucket Board of Health, which has authority to reject applications and revoke certificates. Tenants or guests who believe a short-term rental is out of compliance with § 338-4 may also consult a tenant-rights organization to understand what remedies or complaint processes may be available to them.

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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References Out

Rules and statutes cited by this regulation

Mass. Gen. Laws c. 64G
Not yet ingested
MA Muni § 19-13
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References In

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Source Information

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