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Mashpee, Massachusetts: what can you build or do?

Plain-English answers to common homeowner questions, taken from Mashpee's published bylaws, with every rule linked to the section it comes from.

Last reviewed 2026-10-20

• Accessory Dwelling Units (ADUs)
  Yes. In Mashpee's R-3 and R-5 residential districts, one accessory dwelling unit per lot gets a building permit (no special permit) if it meets the bylaw's criteria: no bigger than half the main home's floor area or 900 sq ft, whichever is smaller, and enough septic capacity for the combined bedrooms. The ADU and the main house may only be rented for 30 or more consecutive days at a time.Allowed with a permit
• Backyard Chickens
  Yes. Keeping hens for your household is allowed in every Mashpee zoning district, but you must register your flock with the Board of Health each year. Roosters aren't allowed on lots under 5 acres, and coops and runs must be at least 25 feet from any dwelling, 40 feet from side and rear lot lines, 50 feet from the front lot line and 150 feet from any drinking-water well.Allowed with a permit
• Short-Term Rentals (Airbnb / VRBO)
  Only in limited cases since the May 2026 zoning change, as we read it. Renting out a whole house nobody lives in (a 'principal use' short-term rental) appears limited to properties that already held a Board of Health Rental Certificate on May 4, 2026; otherwise an owner, host or other occupant must live there, either in at least one bedroom year-round or in the whole home at least 8 months of the year. Every rental also needs a Rental Certificate, inspections and fees ($75 Board of Health inspection, $25 certificate, $175 Building Department fee).Restricted
• Fences
  Mashpee's bylaws don't set a general fence height limit; the zoning bylaw is silent on ordinary fences. The Building Department lists a permit for fences over 8 feet, but the state building code exempts only fences up to 7 feet, so ask the Building Department before building anything over 7 feet. On corner lots, nothing over 2.5 feet is allowed in the 20-foot sight triangle, and extra review applies in the Historic District and near wetlands.Allowed
• Sheds & Accessory Buildings
  Every shed in Mashpee needs a Shed Zoning Compliance Form with a site plan, signed off by the Building Official; only sheds over 200 sq ft need a full building permit ($75). Sheds "not exceeding 120 square feet in floor area or twelve (12) feet in height" (the bylaw's wording) can sit 5 feet from side and rear lines; larger sheds must meet the R-3 and R-5 district setbacks of 40 feet front and 15 feet side and rear.Allowed with board review
• Burn Permits & Backyard Fires
  You can burn brush in Mashpee only from January 15 to May 1, with a free burning permit from the Fire Department (apply at Fire Headquarters, 20 Frank Hicks Drive). Mashpee has no local bylaw on backyard fire pits; state rules apply, and fires on any beach are banned unless the Select Board approves and the Fire Department issues a written permit.Allowed with a permit
• Home-Based Businesses
  It isn't clear-cut. Mashpee's zoning defines a 'home occupation' (work done by the permanent residents inside the home with ordinary home equipment; barbershops, beauty shops and real estate or insurance offices excluded) but doesn't list it in the use table, and unlisted uses need a Zoning Board of Appeals finding. Resident tradespeople and artisans can use part of a home for work and storage after Plan Review. Ask the Building Commissioner (Zoning Official) before starting.Allowed with board review
• Swimming Pools
  Private pools are allowed in every Mashpee zoning district but need a building permit ($150 in-ground, $100 above-ground, plus a $75 electrical permit). Every private outdoor pool must be fenced to the State Building Code under General Bylaw §153-1. Zoning applies its setbacks to accessory uses (40 ft front, 15 ft side and rear in R-3 and R-5), and the 50-ft setback from water and wetlands for structures likely applies too; confirm with the Building Commissioner.Allowed with a permit
• Building Near the Water (Wetlands Rules)
  Almost any work within 150 feet of a wetland, pond, beach, bank or the ocean (200 feet of a river) in Mashpee needs Conservation Commission approval under the town's wetlands bylaw (Chapter 172). The Commission generally requires an undisturbed naturally vegetated buffer strip at least 75 feet wide, and zoning requires buildings and structures (other than docks and piers) to be at least 50 feet from water or wetlands.Allowed with board review
• Docks, Piers & Floats
  Every dock in Mashpee, seasonal or permanent, freshwater or coastal, needs a Conservation Commission permit (usually a Notice of Intent), followed by a state Chapter 91 license where it applies. No new or expanded docks are allowed in the Waquoit Bay ACEC (all of Waquoit Bay, Hamblin Pond, Jehu Pond and parts of Great River). Coastal piers are capped at 4 feet wide and floats at 200 sq ft total.Allowed with board review