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Short-term rental (Airbnb) rules in Mashpee, Massachusetts

Mashpee, Barnstable County · Bylaws checked 2026-10-20 · Reviewed · 13 cited sections

Restricted

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).

What counts as a short-term rentalReserved in advance, at least 1 night; stays over 31 days are excluded [1]
Non-owner-occupied (principal use) STRsOnly properties holding a Rental Certificate as of May 4, 2026 [2]
Owner/host-occupied (accessory) STRsHost occupies 1 bedroom year-round, or the whole home 8+ months a year [3]
DistrictsAllowed in R-3, R-5, C-1, C-2; special permit in C-3; not in I-1 [13]
Rental CertificateRequired from the Board of Health before renting or advertising [4]
Max occupancy2 people per bedroom [5]
InspectionsBefore the certificate, then once a year [6]
Board of Health fees$75 annual inspection; $25 annual certificate [8]
Building Department fee$175 [10]
ADU lotsADU and main house: 30-day minimum rentals only [12]

The 2026 zoning change

At the May 4, 2026 Annual Town Meeting (Article 31), Mashpee added a zoning definition of a short-term rental: a dwelling or part of one where rooms are reserved in advance for at least one night; rental periods over 31 days don't count. The bylaw's history note records Attorney General approval on 6-2-2026 [1].

The use table now treats rentals two ways. As a principal use (the whole property is a rental and nobody lives there), short-term renting is limited to properties that had registered and obtained Rental Certificates as of May 4, 2026 [2]. As an accessory use, renting requires an owner, host or other person with the legal right to occupy the unit to have exclusive use of at least one bedroom year-round, or of the whole dwelling for at least 8 months of the calendar year [3]. The use-table row for renting an existing dwelling marks it allowed (Y) in R-3, R-5, C-1 and C-2, special permit (SP) in C-3, and not allowed in I-1 [13]; the accessory-use row is marked the same way.

Our reading (not an official interpretation): putting the footnote and the accessory-use row together, if your property didn't hold a Rental Certificate on May 4, 2026, you can short-term rent only a home that you, a host or another occupant actually lives in as described above. The bylaw doesn't say whether a certificate held on May 4, 2026 carries over when the property is sold, so buyers should confirm with the Building Commissioner.

Rental Certificate and Board of Health rules

Under General Bylaw §106-8, no one may rent or offer to rent any dwelling without first registering with the Board of Health and getting a Rental Certificate [4]. The certificate is renewed each year by March 31 and must be posted in the unit. The Board's Short-Term Rental Regulation (2020) sets occupancy at two people per bedroom [5], with bedrooms based on septic capacity, and requires an inspection before the certificate is issued and once a year after that [6]. Owners must also register with the Massachusetts Department of Revenue [7]. A 24-hour responsible contact must be listed. Registration is done in PermitEyes [9].

Fees and building inspection

The Board of Health charges $75 for the annual inspection and $25 for the annual certificate [8]. The Building Department also requires an annual inspection by the Building Inspector or Commissioner [11], and its fee schedule lists a $175 charge for short-term rentals [10].

ADUs

A lot with an accessory dwelling unit can't have weekly or daily rentals of either the ADU or the main house; leases must be at least 30 days [12].

See how Mashpee compares with 8+ other Massachusetts towns on short-term rentals (airbnb / vrbo) →

Next steps

  1. Check whether your property held a Board of Health Rental Certificate on May 4, 2026 (buyers: ask the Building Commissioner whether it carries over after a sale); if not, confirm you or a host will live in a bedroom year-round or in the whole home 8+ months a year.
  2. Register with the Massachusetts Department of Revenue (MassTaxConnect) for a Certificate of Registration.
  3. Apply for the Short-Term Rental Permit in PermitEyes (BOH tab), upload a floor-plan sketch with room dimensions, and pay the fee; staff will schedule the inspection.
  4. Schedule the Building Department short-term rental inspection and pay its $175 fee; questions on the bylaw go to the Code Compliance Inspector (508-539-1400 x8596) or the Board of Health (508-539-1426).
  5. Post the Rental Certificate in the unit and renew it by March 31 each year.

Common questions

Are short-term rentals allowed in Mashpee, Massachusetts?
Only in limited cases since the May 2026 zoning change, as we read it. Renting a whole house nobody lives in appears limited to properties that held a Board of Health Rental Certificate on May 4, 2026; otherwise an owner, host or other occupant must live there, in at least one bedroom year-round or the whole home 8+ months a year.
What is the Mashpee, MA short term rental bylaw?
A short-term rental is reserved in advance for at least one night; stays over 31 days don't count. The 2026 zoning amendment allows renting an existing dwelling in R-3, R-5, C-1 and C-2, by special permit in C-3, and not in I-1, subject to the limits above. This reading is our interpretation, not an official one.
How do I register a short-term rental in Mashpee, Massachusetts?
Register with the Massachusetts Department of Revenue, then apply for the Board of Health Rental Certificate in PermitEyes and pay the fee; staff schedule an inspection before the certificate is issued, then once a year. Post the certificate in the unit and renew it by March 31.
How much are short-term rental fees in Mashpee, Massachusetts?
The Board of Health charges $75 for the annual inspection and $25 for the annual certificate, and the Building Department's fee schedule lists $175 for short-term rentals. Occupancy is limited to two people per bedroom.
Does a Mashpee, MA rental certificate transfer when I buy a house?
It's unclear. The bylaw doesn't say whether a Rental Certificate held on May 4, 2026 carries over when the property is sold, so buyers should confirm with the Building Commissioner before relying on it.

Massachusetts' short-term rental law

Since July 1, 2019, M.G.L. c. 64G has taxed and regulated short-term rentals: stays of 31 days or less in a home, apartment, condo or room booked in advance.

State requirements:

  • Register with the Department of Revenue (DOR) on MassTaxConnect and get a Certificate of Registration for each property. Post it in the unit.
  • 14-day exemption: if you rent a property 14 days or fewer in a calendar year, no tax is due. You still have to register and file DOR's declaration by January 15 each year. Go over 14 days and you owe tax on every day, including the first 14.
  • State room occupancy excise: 5.7% of rent (including cleaning and booking fees).
  • Local taxes on top, if your town has adopted them: a local excise of up to 6% (6.5% in Boston), and a community impact fee of up to 3%. The fee applies to "professionally managed" units (an operator with 2 or more units in a town, other than units in the owner's own 1 to 3 family home) and, by separate vote, to units in an owner-occupied 2 or 3 family house. Barnstable County towns add 2.75% for a regional water fund.
  • Insurance: at least $1 million liability coverage per unit, unless the booking platform provides equal coverage (c. 175, §4F).

Towns may go further (c. 64G, §14). They can require local licenses and inspections, cap the number of days or units, limit where rentals are allowed, or ban them entirely.

State sources: M.G.L. c. 64G, §1 (definitions) · M.G.L. c. 64G, §3 (state excise; 14-day exemption) · M.G.L. c. 64G, §3A (local excise) · M.G.L. c. 64G, §3D (community impact fees) · M.G.L. c. 64G, §14 (local regulation) · M.G.L. c. 175, §4F (STR liability insurance) · DOR, Room Occupancy Excise Tax (updated Apr 8, 2026)

What the bylaw says

Exact text from Mashpee's published bylaws. Section numbers are as printed in the source.

  1. §174-3 Definitions, Short-term Rental, Zoning Bylaws of the Town of Mashpee, Chapter 174 (2026 edition, updated as of the May 4, 2026 Annual Town Meeting), p. 14
    Rental periods with a change in occupancy in excess of 31 calendar days shall not be considered a Short-Term Rental. History: Added 5-4-2026 ATM, Article 31, approved by Attorney General 6-2-2026
  2. §174-25 Table of Use Regulations, footnote 1, Zoning Bylaws of the Town of Mashpee, Chapter 174 (2026 edition, updated as of the May 4, 2026 Annual Town Meeting), p. 33
    Short-term rentals as a principal use of a property shall be made only by those properties that have registered and obtained such Rental Certificates as of May 4, 2026.
  3. §174-25 Table of Use Regulations, I(5), Zoning Bylaws of the Town of Mashpee, Chapter 174 (2026 edition, updated as of the May 4, 2026 Annual Town Meeting), p. 43
    Rentals as an accessory use shall require exclusive occupancy by an owner, host, or other natural person who has the legal right to occupy the dwelling unit of either a) not less than one bedroom on a year round basis or b) of the entire dwelling for not less than eight (8) cumulative months of the calendar year.
  4. §106-8 C. Rental Certificates (1), Town of Mashpee General Bylaws / Town Code (2026 edition, updated as of the May 4, 2026 Town Meeting), p. 105
    No person(s) shall rent or lease, or offer to rent or lease, any dwelling or any portion of a dwelling to be used for human habitation without first registering with the Board of Health and obtaining a Rental Certificate.
  5. Part XXV, Sec. 1.00, 4.c), Board of Health Short-Term Rental Regulation (Part XXV, Section 1.00; approved March 19, 2020), p. 2
    Occupancy shall be based upon two people per bedroom.
  6. Part XXV, Sec. 1.00, 7.b), Board of Health Short-Term Rental Regulation (Part XXV, Section 1.00; approved March 19, 2020), p. 3
    Required inspections by inspection services personnel shall occur prior to issuance of a Rental Certificate, with routine inspections to be conducted once annually thereafter.
  7. Part XXV, Sec. 1.00, 4.b), Board of Health Short-Term Rental Regulation (Part XXV, Section 1.00; approved March 19, 2020), p. 2
    It shall be the responsibility of the property owner(s) to register with the Department of Revenue and to obtain a Certificate of Registration for each property they offer for short-term rental in the Town of Mashpee.
  8. 2025 Fee Schedule, Short-Term Rental Properties, Board of Health 2025 Fee Schedule
    Annual Inspection………………………………………………………..…………………………………………………………$75.00 Annual Certificate…………………………………………………………………..………………………………………………$25.00
  9. Short-Term Rental FAQs, Board of Health FAQs (Short-Term Rental registration, poultry/stable rules, PermitEyes)
    The registration process must be completed using the Town's online permitting system, PermitEyes. Occupancy in any short-term rental is restricted to two guests per bedroom, and the number of bedrooms within any property is determined based upon the septic capacity.
  10. Building Permit Fees (effective 2/11/2026), Residential Building list, Building Permit Fees (effective 2/11/2026), p. 1
    Short Term Rentals $175
  11. Short-Term Rentals, Inspection Requirements, Building Department - Short-Term Rentals page (definition, annual inspection)
    Short-term rentals are required to have an annual inspection which is performed by the Local Building Inspector or the Building Commissioner.
  12. §174-45.4 H., Zoning Bylaws of the Town of Mashpee, Chapter 174 (2026 edition, updated as of the May 4, 2026 Annual Town Meeting), p. 87
    An accessory dwelling unit and principal dwelling to which it is accessory may be rented for periods of at least 30 consecutive days at a time and are prohibited from any use as rental units on a weekly or daily basis.
  13. §174-25 Table of Use Regulations, A(7) (columns R-3, R-5, C-1, C-2, C-3, I-1), Zoning Bylaws of the Town of Mashpee, Chapter 174 (2026 edition, updated as of the May 4, 2026 Annual Town Meeting), p. 33
    (7) Renting an existing dwelling on a short- Y Y Y Y SP --
This page summarizes Mashpee's posted bylaws as of 2026-10-20. Bylaws are amended, and individual lots can have overlays, subdivision covenants, or HOA rules that are stricter. Confirm with Building Department (Building Commissioner David Morris is also the Zoning Official/zoning enforcement officer and staffs the ZBA; Request for Enforcement/Complaint Form at https://www.mashpeema.gov/DocumentCenter/View/5330), Town Hall, 16 Great Neck Road North, Mashpee MA 02649; rental/STR code compliance: Code Compliance Inspector Joseph Callahan, 508-539-1400 x8596, Board of Health 508-539-1426 (508-539-1406) before you build. Spot an error?