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Nantucket to Vote on New Short-Term Rental Regulations

Nantucket voters will decide on Article 2, a new proposal to regulate short-term rentals after a six-year debate. The measure would cap rentals at 70 nights per year.

Brendan Sullivan
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Brendan Sullivan

Brendan Sullivan is a legal affairs correspondent for Crezzio, specializing in state appellate courts, municipal law, and zoning regulations. He reports on significant legal challenges that shape public policy and property rights.

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Nantucket to Vote on New Short-Term Rental Regulations

Voters in Nantucket are set to decide on a significant new proposal, known as Article 2, which aims to regulate the island's booming short-term rental market. The measure, scheduled for a vote at a Special Town Meeting in November, represents a potential compromise after six years of community debate over the impact of vacation rentals on housing and local resources.

Key Takeaways

  • Nantucket will vote on Article 2, a proposal to regulate short-term rentals (STRs), at a Special Town Meeting in November.
  • The proposal would officially permit STRs under zoning law but would cap rentals at 70 nights per year.
  • A sub-cap would limit rentals to 49 nights during the peak summer season to manage tourism density.
  • The measure follows a six-year period of debate and a Land Court ruling that found STRs were not a permitted use under current zoning.

A Six-Year Debate Reaches a Critical Juncture

For more than half a decade, Nantucket residents, business owners, and officials have been embroiled in a complex discussion about the future of short-term rentals. The debate centers on balancing the economic benefits of a thriving tourism industry with growing concerns about the availability of year-round housing and the strain on public infrastructure.

The upcoming vote on Article 2 is the latest attempt to find a middle ground. Proponents, including community members like Dave Iverson and Carl Jelleme who were involved in extensive dialogues, argue that the proposal offers a reasonable and enforceable solution to a contentious issue that has divided the island.

This vote comes at a time of legal uncertainty. A recent Land Court ruling determined that short-term rentals are not an allowable use under the island's existing zoning bylaws. That decision is currently under appeal, adding a layer of urgency to the need for clear, legislated guidelines.

Historical Zoning Context

Nantucket first enacted zoning regulations in 1972 as a way to manage growth and preserve the island's unique character. These bylaws have been amended numerous times over the past 50 years to adapt to changing needs. The debate over short-term rentals is seen by many as the next crucial evolution in the island's approach to development and land use.

Examining the Provisions of Article 2

Article 2 is designed not as a ban, but as a framework of "measured constraints" to govern the short-term rental industry. If passed, it would formally recognize short-term rentals as a permitted activity within the island's zoning code, providing legal clarity for property owners.

The core of the proposal is a set of clear, quantifiable limits on rental activity. These rules are intended to manage the intensity of rental use, particularly during the busiest months of the year.

Key Regulatory Components

The proposed regulations under Article 2 include several specific limitations:

  • Annual Rental Cap: Property owners would be permitted to rent their homes on a short-term basis for a maximum of 70 nights per calendar year.
  • Peak Season Sub-Cap: Within the 70-night total, a maximum of 49 nights could be used during the peak summer weeks, when demand and community impact are highest.
  • Long-Term Lease Exemption: Leases of 32 days or longer would not be classified as short-term rentals and would not count toward the 70-night annual limit.

According to supporters, this structure is intended to be fair to property owners who rely on rental income while also protecting neighborhood character and easing pressure on the year-round housing supply.

Industry Growth on Nantucket

The vacation rental business has become a major industry on the island. One local real estate firm reported a 50% increase in rental activity over the past eight years. With approximately 38 rental agencies operating on Nantucket and platforms like Airbnb projecting 10% annual growth, the economic incentives for property owners remain powerful.

The Economic and Community Impact

The debate over short-term rentals is fundamentally about the economic and social fabric of Nantucket. The industry is a significant driver of the local economy, supporting property owners, management companies, and various service-related businesses that cater to tourists.

Financial incentives continue to fuel the supply of rental properties, and as long as the broader economy remains stable, tenant demand is expected to stay strong. Vacationers are increasingly seeking the amenities and space that rental homes provide, making them a popular alternative to traditional hotels.

"The financial incentives will continue to drive STR supply, and tenant demand will remain strong so long as the economy remains strong and landlords provide the amenities today’s vacationers expect," noted Saliha Nazir, a real estate professional on the island, in a public statement.

Balancing Tourism with Local Needs

Despite the economic benefits, community advocates point to significant downsides. The proliferation of properties used exclusively for short-term rentals is widely seen as a contributing factor to the erosion of year-round housing options for local workers and families. This housing shortage makes it difficult for essential community members to live on the island.

Furthermore, the high volume of visitors during peak season places an added strain on Nantucket's infrastructure, including roads, water systems, and emergency services. There are also concerns about the impact on natural resources and the quality of life in residential neighborhoods.

Article 2 is presented as a tool to mitigate these pressures. By setting clear limits, the proposal aims to create a more sustainable model for tourism that can coexist with the needs of the year-round community.

The Path to a Resolution

After years of discussion, town meetings, and legal challenges, the November vote on Article 2 represents a pivotal moment for Nantucket. Voters will have the opportunity to establish a formal regulatory framework for an industry that has, until now, operated in a legal gray area.

The proposal is being framed as a compromise that avoids the more extreme measures taken by other communities, such as outright bans or highly complex and bureaucratic regulatory systems. Its proponents emphasize that its success relies on being both fair and enforceable.

The outcome of the vote will have long-lasting implications for Nantucket's economy, housing market, and community character, shaping how the island manages one of its most vital and challenging industries for years to come.