The Board of Health, with the approval of the Select Board, promulgates these regulations pursuant to §
123-4 of the General Bylaws of the Code of the Town of Nantucket and MGL c. 64G, § 14.
These regulations are promulgated to provide for an orderly
process for identifying, registering and regulating short-term rentals
within the Town, and to ensure that such short-term rentals do not
create or cause a nuisance to the surrounding neighborhood due to
unreasonable noise, the creation of public health and safety issues
associated with traffic and parking congestion, or any other nuisance
conditions.
As of January 1, 2023, no person shall operate a short-term rental (as defined in §
123-4) without having first obtained a certificate of registration from the Board of Health. The certificate of registration must be renewed annually by November 1.
To verify compliance with all applicable statutes, bylaws and
regulations, operators are subject to inspection of the short-term
rental by the Board of Health upon reasonable notice via consent or
administrative warrant, or without such notice, in the event of an
imminent threat to public health or safety.
The Board of Health, or its agent, shall enforce these regulations
in accordance with the bylaw. The Board of Health, or its agent, also has the discretion to set hearings to determine whether any specific violation warrants suspension or revocation of the operator's certificate of registration. In exercising this discretion, the Board of Health may, after a public hearing, issue a warning letter for the first offense. Thereafter, the Board of Health may assess a fine or civil penalty for subsequent violations as set forth in Chapter
123 of the Town Code. Operators or owners with multiple violations may have their certificate(s) of registration revoked and not renewed for a period of up to three years.