Dukes County, MA: Owner-Builder Allowed

A building permit is required in Dukes County, Massachusetts, but the building inspector for the parcel's town—not a single county department—handles it¹. Towns also administer zoning, with added regional review for certain projects by the Martha's Vineyard Commission². Title 5 septic review goes through the local Board of Health³.

At a glance

Building permit: Required for regulated work and issued by the parcel's town; exemptions vary by project^1,4,5
Zoning: Administered by each town, with added regional review by the Martha's Vineyard Commission for qualifying projects²
Septic permit: Governed by statewide Title 5 and reviewed by the local town Board of Health³
Owner-builder: Available for qualifying owner-occupied work; the building permit is still required^4,6
Tiny house: A seasonal-community town must adopt a bylaw allowing a year-round tiny house of 400 square feet or less⁷
Minimum home size: Local zoning cannot regulate the interior area of a single-family home, though building-code rules still apply⁸
Accessory dwelling unit: One ADU is protected in a single-family residential district, subject to reasonable local rules⁸

Who to call

Planning & zoning

Martha's Vineyard Commission

Regional planning assistance, Developments of Regional Impact and Districts of Critical Planning Concern; town offices still issue local permits

508-693-3453

The Stone Building, 33 New York Avenue, Oak Bluffs, MA 02557

Contact details are copied from each office’s official page and were checked against it on October 9, 2026.

Do you need a building permit in Dukes County, Massachusetts?

Yes.

Yes. Construction in Dukes County requires a building permit under the Massachusetts State Building Code, with the building inspector for the parcel's town enforcing the requirement rather than a county building department¹. Oak Bluffs requires an application and permit before regulated construction, alteration, demolition, occupancy changes or equipment work, subject to its listed exceptions⁴. West Tisbury likewise requires building permits for covered work, while identifying an exemption for a one-story detached accessory structure no larger than 200 square feet⁵. A qualifying homeowner may obtain a permit for an owner-occupied home without a construction supervisor's license, but the permit itself is still required^4,6. Certain projects can also face Martha's Vineyard Commission review after referral by a town permitting agency².

Who issues Dukes County building permits, and how do you reach the right office?

Dukes County does not provide one building-permit counter for the entire county; the municipal building inspector for the parcel's town issues and enforces the building permit.

Dukes County does not provide one building-permit counter for the entire county; the municipal building inspector for the parcel's town issues and enforces the building permit¹. Identify the municipality from the deed or assessor record before requesting forms, because towns also administer zoning and local Boards of Health handle septic review^2,3. Oak Bluffs building-permit fees vary by permit type; work not otherwise defined is listed at $6.50 per $1,000 of cost with a $300 minimum, and fees double when work begins before permit issuance⁹. West Tisbury's Building Department enforces the state building codes and local zoning ordinance⁵. The Martha's Vineyard Commission assists the Dukes County towns with regional land-use matters, but qualifying projects generally reach it by referral from a town permitting agency².

Does Dukes County have zoning?

Yes, but zoning varies by town and special district rather than following one set of parcel rules across Dukes County.

Yes, but zoning varies by town and special district rather than following one set of parcel rules across Dukes County¹⁰. West Tisbury, for example, enforces its own local zoning ordinance⁵. A qualifying non-habitable accessory structure in West Tisbury may enter a required setback only when its footprint is no larger than 120 square feet, its height is no more than 16 feet, and it remains at least its own height and no less than 10 feet from a side or rear lot line⁵. The Island Road District also imposes special height and setback restrictions along major roads in all six Martha's Vineyard towns¹¹. Massachusetts law prevents local zoning from regulating the interior area of a single-family home, although building-code requirements remain⁸. State law also protects one accessory dwelling unit in a single-family residential district, subject to reasonable local rules⁸.

How do septic permits work in Dukes County?

Dukes County septic systems are governed by Massachusetts Title 5, and the local Board of Health for the parcel's town reviews designs and issues septic permits.

Dukes County septic systems are governed by Massachusetts Title 5, and the local Board of Health for the parcel's town reviews designs and issues septic permits³. In Oak Bluffs, the Health Department oversees new systems and repairs, reviews a complete septic construction application within 45 days, and issues the construction or repair permit after plan approval¹². In Edgartown's Cape Pogue District, development involving a septic system also requires a Planning Board special permit unless a stated exception applies¹⁰. Zero percent of the county's mapped soils are rated without severe limitations for a conventional drain field, so make a parcel-specific site evaluation an early contingency¹³. When a town has provided both a drain and sewer in a public way, an abutting or connected parcel must route sewage to the sewer as directed by the responsible authority¹⁴.

Can you live in an RV or tiny home on your land in Dukes County?

Dukes County has no single confirmed countywide answer for living in an RV on private land; ask the parcel's town zoning or building office about occupancy, temporary camping and utility connections before moving an RV onto the site². Tiny houses have a defined state pathway for seasonal communities, but the municipality must adopt a bylaw permitting them⁷. Under that pathway, a tiny house contains no more than 400 square feet excluding lofts, must meet state and local building requirements, and must serve as year-round housing rather than a seasonal home or a short-term rental⁷. Year-round housing means principal-residence occupancy for at least 10 months each year, and a movable tiny house must be registered when applicable⁷. Confirm that the specific town has adopted the necessary bylaw and that the parcel's zoning district allows the proposal.

Building a home in Dukes County: the steps, in order

Identify the parcel's town, because municipal offices administer building permits, zoning and septic review.

Identify the parcel's town, because municipal offices administer building permits, zoning and septic review^1,2,3.
Ask the town zoning office for the district, allowed use, setbacks, lot requirements and special-district rules¹⁰.
Take the site to the town Board of Health for Title 5 review; Oak Bluffs, for example, reviews septic plans and issues construction or repair permits^3,12,15.
Ask whether the proposal requires Martha's Vineyard Commission review, since town permitting agencies refer qualifying regional projects².
Apply to the town building inspector and verify the town's current fee before work begins^1,9.
If acting as the owner-builder of an eligible owner-occupied home, file the homeowner exemption affidavit with the permit materials⁶.
Follow the town's required inspection and closeout process; Oak Bluffs septic work ends with inspection and a Certificate of Compliance after the required letters¹².

What should you check before buying land in Dukes County?

Confirm the municipality and every special district first, because zoning controls vary by town and district across Dukes County.

Confirm the municipality and every special district first, because zoning controls vary by town and district across Dukes County¹⁰. Land along a major Martha's Vineyard road may fall in the Island Road District, where special setback and height restrictions apply¹¹. Make septic feasibility a contract contingency: zero percent of mapped county soils are rated without severe limitations for a conventional drain field, despite 89.5% of county land having a slope of 15% or less¹³. Ask the town about private-well approval, floodplain development, legal road access and driveway requirements because countywide answers for those topics could not be confirmed. Budget with the island market in mind: the typical home value is about $1,559,624, the typical annual home-insurance premium is about $7,760, and the median annual property-tax bill is about $5,503¹³.

Watch-outs

A Dukes County address does not identify one county permit counter; building, zoning and septic applications go to the parcel's town offices^1,2,3.
Conventional septic conditions are difficult countywide: zero percent of mapped soils are rated without severe drain-field limitations, so secure a parcel-level evaluation early¹³.
RV occupancy, temporary camping, private-well permits and driveway rules could not be confirmed countywide; ask the parcel's town zoning, building, health and road offices before relying on the land for those uses².
A seasonal-community designation alone does not authorize a tiny house; the town must adopt a permitting bylaw and the home must satisfy year-round occupancy and code conditions⁷.
Oak Bluffs doubles listed building-permit fees when work starts before permit issuance⁹.
Edgartown's Cape Pogue District can require a Planning Board special permit for development involving a septic system, in addition to the ordinary town health review¹⁰.

Sources

15 official pages, each quoted and re-checked · written October 9, 2026

Written October 9, 2026 from the rules quoted below, each taken from an official source and re-checked by an independent reviewer. This is research, not legal advice: rules change, so confirm with the office before you buy or build.

Off-grid gear

Going off-grid in Dukes County means bringing your own water and power. The kit we’d start with:

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Compared with neighboring counties

Like all 6 of its neighbors, Dukes County requires a building permit for a home.

Rule	Dukes County	Nantucket County	Plymouth County	Bristol County	Barnstable County	Norfolk County	Suffolk County
Building permit	Required	Required	Required	Required	Required	Required	Required
County zoning	Yes	Yes	Yes	No	Yes	Yes	Yes
Septic permits	MassDEP Title 5	Nantucket Board of Health	Town Board of Health	MA DEP	Local Board of Health	MassDEP Title 5	MassDEP Title 5

Cities and towns in Dukes County

Inside a city, town or township here, that government usually sets zoning and may issue its own building permits; the county’s rules above cover land outside them.

Not yet covered: Town of Aquinnah · Town of Edgartown

Answers from the rulebook for Dukes County

What the ordinances and state agencies actually say — one answer per question, each quoted from the official source and independently re-checked.

Dukes County rules

Local zoningVaries (with conditions)
Countywide aggregate of municipal and special-district zoning and land-use controls in Dukes County.
- The conclusion aggregates municipal/town zoning and Martha’s Vineyard Commission district controls; Dukes County itself is not asserted to administer each local ordinance.
- The Island Road District has special regulations in six towns.
- The Cape Pogue District in Edgartown has additional special-permit, prohibited-use, and subdivision controls.
“Use regulations elsewhere in this By-law notwithstanding, only the following uses are permitted. Any structures associated with these uses and any other development or uses would require a Special Permit under Section 14.4.4.”
edgartown-ma.us ↗Re-checked Oct 4, 2026
SetbacksDistrict specific (with conditions)
Development within the Martha’s Vineyard Commission Island Road District.
- The official MVC page states that the district protects major roads in all six towns with special setback regulations.
- Specific numeric setback distances were not provided on the opened page.
“The Island Road District protects major roads in all six towns with special regulations including height and setback restrictions, protections for stone walls, and requirements to bury power lines.”
mvcommission.org ↗Re-checked Oct 4, 2026
Septic permitRequired
Development involving septic systems in the Cape Pogue District of Edgartown.
- A Special Permit is required for development except for uses permitted under Section 5.4.C.
- The Planning Board is the Special Permit Granting Authority.
- The rule is district-specific and does not establish a countywide septic-permit rule.
“Except as permitted under Section 5.4.C, a Special Permit shall be required for any "development" as that word is defined in Chapter 831, Section 6 of the Acts and Resolves of 1977, for example any construction, alteration, addition and removal of structures, including but not limited to: dwellings, septic systems, stairwells, decks, boardwalks, impervious surface, trails and roads, out-buildings, boathouses, piers, recreational amenities, fences and walls. The Planning Board shall be the Special Permit Granting Authority.”
Edgartown Zoning Bylaw As Amended May, 2021 ↗Re-checked Oct 4, 2026
Building permitRequired
Under the statewide Massachusetts State Building Code (780 CMR), a building permit is required for all construction (e.g., Edgartown requires one except as exempted by 780 CMR 105.2), enforced by each town's municipal building inspector, not the county.
Town of Edgartown (Dukes County) - Building Inspector ↗From the county’s own site, awaiting a second reviewer
County-wide zoningPresent
Zoning is administered by the towns, and Martha's Vineyard additionally has the Martha's Vineyard Commission, the regional land-use authority reviewing Developments of Regional Impact (DRI) and Districts of Critical Planning Concern (DCPC) for the towns of Dukes County.
Martha's Vineyard Commission - What We Do ↗From the county’s own site, awaiting a second reviewer

Massachusetts rules that apply here

Owner-builder exemptionAvailable
Persons building their own home or personally doing renovations, regarding registration under Massachusetts home-improvement-contractor law, Chapter 142A.
- This is an exemption from registration under Chapter 142A; it does not establish an exemption from building permits, inspections, certificates of occupancy, or other applicable licensing requirements.
- The cited statutory provision contains additional exemptions and conditions for other categories of persons.
“The following persons are not required to be registered under this chapter: [...] persons building their own home or personally doing the renovations;”
Massachusetts General Laws, Chapter 142A, Section 14 ↗Re-checked Oct 5, 2026
Building code adoptedAdopted
The Massachusetts state building code applies to all buildings and structures within every Massachusetts city and town, subject to the statutory exceptions and historic-district conflict rule stated in the official source.
- Local inspectors enforce the state building code within the city or town from which they are appointed.
- A statute, ordinance, or bylaw regulating exterior architectural features within an historic district, regional historic district, or architecturally controlled district prevails in the event of a conflict with the code.
- The Section 3A exception applies to bridges and appurtenant supporting structures constructed by or under the custody and control of the department of highways or the Massachusetts Department of Transportation, or for which that department or authority has maintenance responsibility.
- Section 94 separately lists bridge and appurtenant supporting-structure exceptions involving the department of highways, Massachusetts Department of Transportation, Massachusetts Bay Transportation Authority, metropolitan district commission, or Massachusetts Port Authority, or structures for which those agencies have maintenance responsibility.
“Unless otherwise provided by the state building code, the local inspector shall enforce the state building code as to any building or structure within the city or town from which he is appointed, including any building or structure owned by any authority established by the general court but not owned in whole or in part by the commonwealth, and the state building code shall be the code for all buildings and structures within the city or town.”
Massachusetts General Laws, Chapter 143, Section 3A: Enforcement of state building code ↗Re-checked Oct 5, 2026
InspectionsLimited
New construction and major reconstruction, alteration, or repair of residential and non-residential buildings, as to compliance with the energy provisions of the Massachusetts State Building Code.
- The inspection must be performed by an inspector trained and certified regarding the energy provisions of the State Building Code.
- The work must demonstrate full compliance with the energy provisions of the State Building Code.
- The statute directs the Board of Building Regulations and Standards, in consultation with the Department of Energy Resources, to develop and promulgate these requirements.
“In consultation with the department of energy resources, to develop requirements and promulgate regulations as part of the state building code for the training and certification of city and town inspectors of buildings, building commissioners and local inspectors regarding the energy provisions of the state building code, and to require that all new construction and any major reconstruction, alteration or repair of residential and non-residential buildings pass inspection by inspectors who have been trained and certified, demonstrating full compliance with the energy provisions of the state building code.”
Massachusetts General Laws, Chapter 143, Section 94 ↗Re-checked Nov 4, 2026
Certificate of occupancyLimited
New non-residential buildings larger than 10,000 square feet and major reconstruction, alteration, or repair of those buildings, where State Building Code commissioning or acceptance testing applies.
- Commissioning or acceptance testing must be completed before issuance of a certificate of occupancy.
- The statute directs the Board of Building Regulations and Standards, in consultation with the Department of Energy Resources, to develop and promulgate the requirements.
non-residential building size: > 10000 square feet (Applies to new non-residential buildings; the statute also addresses major reconstruction, alteration, or repair of all such buildings.)
“In consultation with the department of energy resources, to develop requirements and promulgate regulations as part of the state building code, in addition to the requirements of the latest International Energy Conservation Code, requiring a process to ensure that all new non-residential buildings larger than 10,000 square feet and any major reconstruction, alteration or repair of all such buildings perform as designed with respect to energy consumption by undergoing building commissioning or acceptance testing. Such commissioning must be completed before the issuance of a certificate of occupancy.”
malegislature.gov ↗Re-checked Nov 4, 2026
Zoning districtsPartial
Massachusetts zoning districts, including the statutory requirement applicable to MBTA communities and locally adopted zoning districts.
- Zoning ordinances and bylaws are adopted by cities and towns; the statewide statute does not provide one uniform zoning map or complete statewide district inventory.
- For an MBTA community, at least one reasonable-size district must permit multifamily housing as of right, without age restrictions and suitable for families with children.
- The required MBTA-community district must have a minimum gross density of 15 units per acre, subject to limitations under chapter 131 section 40 and Title 5 of the state environmental code, and must be within 0.5 miles of a commuter rail station, subway station, ferry terminal, or bus station, if applicable.
- Local zoning amendments generally require public hearings and a two-thirds vote, subject to statutory exceptions.
minimum gross density: >= 15 units per acre (Subject to further limitations imposed by section 40 of chapter 131 and Title 5 of the state environmental code.) · maximum distance from applicable transit: <= 0.5 miles (Applies to the MBTA-community district when a qualifying commuter rail station, subway station, ferry terminal, or bus station is applicable.)
“An MBTA community shall have a zoning ordinance or by-law that provides for at least 1 district of reasonable size in which multi-family housing is permitted as of right; provided, however, that such multi-family housing shall be without age restrictions and shall be suitable for families with children.”
General Law, Chapter 40A, Section 3A ↗Re-checked Sep 11, 2026
One more reviewed finding on this topic
- Partial — Municipal zoning districts and zoning-map publication requirements throughout Massachusetts; the actual district names and boundaries are locally adopted by each city or town.
  “Districts shall be shown on a zoning map in a manner sufficient for identification.”
  General Law, Chapter 40A, Section 4 ↗Re-checked Oct 5, 2026
Minimum dwelling sizeNone
Local zoning ordinances and bylaws statewide, as to the interior area of a single-family residential building.
- This finding concerns zoning regulation; state building-code requirements are not eliminated.
- The cited statute separately permits reasonable bulk and height, yard-size, lot-area, setback, open-space, parking, and building-coverage regulations for land or structures used for specified religious or educational purposes.
“No zoning ordinance or by-law shall regulate or restrict the interior area of a single family residential building”
General Law - Chapter 40A, Section 3 ↗Re-checked Sep 11, 2026
Lot coverageSpecified
Land or structures used for religious purposes or educational purposes on qualifying Commonwealth, public-body, religious, or nonprofit educational land.
- The state rule prohibits a zoning ordinance or by-law from prohibiting, regulating, or restricting the stated religious or educational use.
- Such land or structures remain subject to reasonable regulations concerning bulk and height, yard sizes, lot area, setbacks, open space, parking, and building coverage requirements.
building coverage regulation: reasonable local building coverage requirements may apply (religious or educational land or structures described in M.G.L. c. 40A, § 3)
“such land or structures may be subject to [...] building coverage requirements.”
Massachusetts General Laws, Chapter 40A, Section 3 ↗Re-checked Nov 4, 2026
Living in an RVTemporary only (with conditions)
Recreational camping vehicles at Department of Conservation and Recreation (DCR) campsites and camping facilities in Massachusetts; this does not establish a rule for private land or municipal land outside DCR property.
- A DCR camping facility is a temporary recreational use; a designated campsite or camping structure may not be used as a residence or domicile.
- Except at a designated group camping site, a campsite may have no more than one recreational camping vehicle and one small tent; tents have a combined 300-square-foot floor-space limit.
- Between Memorial Day and Labor Day, occupancy at one camping facility is limited to 14 cumulative calendar days unless DCR approves it.
- DCR may grant approval for one to three days at a time only when newly arriving campers can be accommodated and the registered camper has complied with DCR regulations, rules, and policies.
- DCR may approve registration of a recreational camping vehicle beyond 14 cumulative days only when an extension is approved under 302 CMR 12.08(31), or when the campsite or camping structure is registered to a camper who has not previously registered at the campground between Memorial Day and Labor Day and the vehicle has not occupied a site there in the previous 14 days.
maximum occupancy at one camping facility between Memorial Day and Labor Day: <= 14 cumulative calendar days (Unless approved by DCR under the stated extension conditions.) · maximum recreational camping vehicles per non-group DCR campsite: 1 vehicle (One small tent is also allowed; rain tarps, tent flies, and screen houses are excepted from the structure restriction.)
“DCR camping facilities shall be deemed to be a temporary recreational use.”
Parks and Recreation Rules ↗Re-checked Nov 4, 2026
Camping on your landLimited
Temporary camping on Department of Conservation and Recreation (DCR) property in Massachusetts; this does not establish a statewide rule for private land or land administered by municipalities or other agencies.
- Camping on DCR property is allowed only in a designated campsite, camping structure, or camping area.
- DCR camping facilities are temporary recreational uses and may not be used as a residence or domicile.
- DCR may set campsite occupancy at no more than four adults with no children, or two adults and the children under their care.
- In a designated backcountry campsite or shelter, a person or group may stay no more than two consecutive nights, except in an emergency or illness, and backcountry campers must remove all litter and waste.
- Between Memorial Day and Labor Day, a person may occupy a single camping facility for no more than 14 cumulative calendar days unless DCR grants the specified one-to-three-day approval or a qualifying recreational-camping-vehicle approval.
maximum stay in designated backcountry campsite or shelter: <= 2 consecutive nights (Emergency or illness.) · maximum occupancy at one camping facility between Memorial Day and Labor Day: <= 14 cumulative calendar days (Unless approved by DCR under 302 CMR 12.08(31)-(32).)
“No person may camp on DCR property, except in a designated campsite, camping structure, or camping area.”
Parks and Recreation Rules ↗Re-checked Nov 4, 2026
Tiny homesLimited
Tiny-house dwelling occupancy in municipalities designated as Massachusetts seasonal communities.
- A tiny house must be a detached structure containing a dwelling unit of 400 square feet or less, excluding lofts.
- The seasonal community must adopt bylaws or zoning ordinances permitting construction of tiny houses.
- Tiny houses must be designated for year-round housing and meet all state and local building-code requirements.
- Any qualifying undersized-lot housing may not be used as a seasonal home or short-term rental of less than 6 months and must be used as year-round housing.
- A movable tiny house must be registered with the Registry of Motor Vehicles, as applicable.
- The municipality must be in a designated seasonal community; the statute requires designation for municipalities in Dukes and Nantucket counties and specified municipalities in Barnstable and Berkshire counties, and permits additional designations.
maximum floor area: <= 400 square feet excluding lofts · minimum year-round occupancy period: >= 10 months per year (The statute defines year-round housing as principal-residence occupancy for not less than 10 months a year.)
“A seasonal community shall: [...] adopt by-laws to permit the construction of tiny houses provided that such tiny houses are designated for use as year-round housing units”
Massachusetts General Laws Chapter 23B, Section 32 ↗Re-checked Sep 11, 2026
Manufactured homesLimited
Placement and occupancy of a manufactured home on the site of a Massachusetts residence destroyed by fire or another natural holocaust while the residence is being rebuilt.
- The person must be the owner and occupier of the destroyed residence.
- The manufactured home must be placed on the site of that residence.
- Occupancy may not exceed 12 months while the residence is being rebuilt.
- The manufactured home remains subject to the Massachusetts state sanitary code.
maximum occupancy period: <= 12 months (While the residence is being rebuilt.)
“period not to exceed twelve months while the residence is being rebuilt.”
Massachusetts General Laws Chapter 40A, Section 3 ↗Re-checked Sep 11, 2026
One more reviewed finding on this topic
- Limited — Placement and occupancy of a manufactured home on the site of a residence destroyed by fire or other natural holocaust while that residence is being rebuilt.
  “residing in such home for a period not to exceed twelve months while the residence is being rebuilt.”
  General Law - Part I, Title VII, Chapter 40A, Section 3 ↗Re-checked Oct 1, 2026
Accessory dwellingsAllowed (with conditions)
A single accessory dwelling unit, or its rental, in a single-family residential zoning district in Massachusetts.
- The unit may be subject to reasonable regulations, including 310 CMR 15.000 et seq. when applicable, site plan review, dimensional setback requirements, and bulk and height regulations.
- Municipalities may impose restrictions or prohibitions on short-term rental.
- The unit must meet the statutory definition: self-contained sleeping, cooking, and sanitary facilities on the same lot as a principal dwelling; a separate entrance; and a gross floor area no larger than one-half the principal dwelling's gross floor area or 900 square feet, whichever is smaller.
- The unit is subject to otherwise applicable dimensional and parking requirements and additional municipal restrictions allowed by law.
- The use may not require owner occupancy of either the accessory dwelling unit or the principal dwelling.
- Not more than one additional parking space may be required; no additional parking space may be required when the unit is not more than 0.5 miles from a commuter rail station, subway station, ferry terminal, or bus station.
- More than one accessory dwelling unit, or its rental, in a single-family residential zoning district requires a special permit.
maximum gross floor area: the smaller of 1/2 of the principal dwelling's gross floor area or 900 square feet · additional parking requirement: 1 space maximum (No additional parking space may be required within 0.5 miles of a commuter rail station, subway station, ferry terminal, or bus station.)
“No zoning ordinance or by-law shall prohibit, unreasonably restrict or require a special permit or other discretionary zoning approval [...] for a single accessory dwelling unit”
General Law - Part I, Title VII, Chapter 40A, Section 3 ↗Re-checked Oct 1, 2026
One more reviewed finding on this topic
- Allowed (with conditions) — A single accessory dwelling unit, or its rental, in a single-family residential zoning district in Massachusetts cities and towns.
  “No zoning ordinance or by-law shall prohibit [...] a single accessory dwelling unit”
  Massachusetts General Laws Chapter 40A, Section 3 ↗Re-checked Sep 11, 2026
Who permits septicMixed (with conditions)
Statewide individual sewage disposal systems and subsurface sewage disposal regulation in Massachusetts.
- State environmental-code minimum requirements apply statewide.
- Local health officers or boards of health administer permits where their authority includes issuance of permits for individual sewage disposal systems.
- Local boards of health may adopt more stringent sanitary regulations only after the required public-hearing process.
- The cited statute applies specifically to residential buildings of not more than four dwelling units.
“Boards of health may make reasonable health regulations.”
Massachusetts General Laws Chapter 111, Section 31E ↗Re-checked Oct 5, 2026
Septic inspectionLimited
Existing Massachusetts on-site sewage disposal systems subject to a transfer, specified change in use or flow, shared-system schedule, large-system schedule, facility division/combination, or an inspection order under 310 CMR 15.301.
- At transfer, the inspection is required except for the transactions and exclusions in 310 CMR 15.301(2), (3), and (4).
- An inspection up to three years before a transfer may be used if accompanied by pumping records showing at least annual pumping during that period.
- A system must be inspected before a change in establishment type, increase in design flow, or expansion of use for which a local building or occupancy permit is required.
- For a footprint-changing addition with no design-flow increase, the inspection is an assessment of component and reserve-area location; no inspection is required if official records establish component location.
- Shared systems must be inspected every three years.
- Systems with total design flow from 10,000 to less than 15,000 gpd must be re-inspected during the fifth calendar year after the initial inspection and every fifth calendar year thereafter, unless subject to 310 CMR 15.301(3)(a).
- All systems must be inspected when ordered by the local Approving Authority, the Department, or a court.
- Required inspection results must be submitted to the Approving Authority within 30 days on the current Department-approved form; voluntary assessments not performed to meet 310 CMR 15.301 do not need submission.
- For an inspection required on transfer, exclusions include a qualifying Certificate of Compliance issued within three years with specified pumping records; a binding disclosed agreement to upgrade or connect to sewer/shared system within two years; a Department-approved comprehensive local inspection plan with the system inspected on schedule; and listed transfers among close family members.
standard transfer inspection timing: within 2 years before transfer or, if weather prevents inspection, no later than 6 months after transfer (Subject to 310 CMR 15.301(2), (3), and (4).) · shared-system inspection frequency: per 3 years · large-system recurring inspection frequency: per 5 years (For 10,000 to less than 15,000 gpd systems, unless subject to 310 CMR 15.301(3)(a).) · inspection-results submission deadline: <= 30 days (Measured from field inspection; voluntary assessments not made to satisfy 310 CMR 15.301 are excepted.)
“Except as provided in 310 CMR 15.301(2), 15.301(3), and 15.301(4), a system shall be inspected at or within two years prior to the time of transfer of title to the facility served by the system.”
310 CMR 15: State Environmental Code, Title 5: system inspection requirements ↗Re-checked Nov 4, 2026
Off-grid sanitationLimited
Alternative or off-grid sewage handling on parcels abutting a public sewer in a Massachusetts town.
- When a town has provided both a drain and a sewer in a public way, sewage must be connected to the sewer as directed by the responsible sewer authority.
- This claim does not establish a statewide rule for parcels without access to a public sewer.
“When a town has provided both a drain for waters and a sewer for sewage in a public way, the owner of every parcel of land abutting on such way or connected with such drain or sewer shall arrange his plumbing so that the waters shall be kept separate from the sewage; and shall make such connections with the drain and sewer respectively that the waters shall pass into the drain and the sewage into the sewer in accordance with the directions of the board or officer having charge of the repair and maintenance of sewers in such town.”
Massachusetts General Laws Chapter 83, Section 5 ↗Re-checked Sep 11, 2026
Well permitLimited
Private-well digging or drilling in Massachusetts.
- Massachusetts requires certification for persons engaged in the business of digging or drilling wells.
- A city or town may require the person engaged in digging or drilling a private well to obtain a local site permit.
- The local site permit may include terms and conditions ensuring health and safety and may carry a reasonable locally determined fee.
- A completion report must be submitted to the Department within 30 days after completion of any well.
well completion report deadline: 30 days (After completion of any well by digging or drilling.)
“Said certification shall be sufficient authority for any said person to engage in the business of digging or drilling wells anywhere within the commonwealth and no further licensing or certification shall be required; provided, however, that nothing contained herein shall prohibit the appropriate local authority in any city or town from requiring any person engaged in the digging or drilling of private wells to obtain a site permit in accordance with terms and conditions which ensure health and safety and said city or town may charge said person a reasonable fee for said site permit as determined by the city or town.”
Massachusetts General Laws Chapter 21G, Section 20 ↗Re-checked Oct 5, 2026
Mandatory utility hookupConditional
Sewer extensions and connections to sewer systems in Massachusetts, subject to state permitting and applicable municipal or sewer-district rules.
- A currently valid permit issued by the director is required unless exempted by regulation.
- Cities, towns, and sewer districts may prescribe rules for sewer connections, construction, alteration, use, and inspection of connection materials.
- Local sewer rules must be published as specified by law and do not take effect until publication.
- For additional connections in a final area of concern after commencement of sewer-system operations, the connection is subject to available capacity and, generally, board-of-health certification regarding compliance with 310 CMR 15.000 et seq.; certain public-service uses may be permitted subject to capacity.
- Civil penalties for violation of applicable city, town, or sewer-district sewer rules may not exceed $5,000 per day.
maximum civil penalty for violation of local sewer rules: <= 5000 USD per day
“No person shall engage in any other activity that may reasonably be expected to result, directly or indirectly, in discharge of pollutants into waters of the commonwealth, nor construct, effect, maintain, modify or use any sewer extension or connection, without a currently valid permit issued by the director, unless exempted by regulation of the director.”
Massachusetts General Laws, Chapter 21, Section 43 ↗Re-checked Oct 5, 2026
Agricultural exemptionAvailable (with conditions)
Commercial agriculture, aquaculture, silviculture, horticulture, floriculture, and viticulture land uses and related structures under Massachusetts local zoning law.
- The statutory protection applies when, during June, July, August, and September or during the harvest season of the primary crop, 25 percent of products for sale based on gross sales dollars or volume were produced by the owner or lessee on the parcel; alternatively, 25 percent were produced on the parcel and at least an additional 50 percent were produced in Massachusetts on other qualifying land.
- Activities may be limited to parcels of 5 acres or more, or to parcels of 2 acres or more in areas not zoned for the listed agricultural uses when annual sales generated from the use are at least $1,000 per acre based on gross sales dollars.
- Land divided by a public or private way or waterway is construed as one parcel for this section.
- The exemption does not exempt land or structures from floodplain or wetlands regulations established under the General Laws.
- Agriculture has the meaning given in Chapter 128, Section 1A; horticulture includes growing and keeping nursery stock and its sale.
- Agriculture, aquaculture, floriculture, and horticulture do not include marijuana-related growing, cultivation, distribution, or dispensation as described in the cited statutes, although a municipality may allow commercial marijuana growing and cultivation by zoning on land used for commercial agriculture, aquaculture, floriculture, or horticulture.
on-parcel production threshold: >= 25 percent (During June, July, August, September, or the primary crop’s harvest season; measured by gross sales dollars or volume.) · additional Massachusetts production threshold: >= 50 percent (Alternative test requiring at least 25 percent on-parcel production and additional production elsewhere in Massachusetts.) · minimum parcel size: >= 5 acres (Activities may be limited to parcels of 5 acres or more.) · alternative minimum parcel size: >= 2 acres (In areas not zoned for the listed agricultural uses, only if annual sales are at least $1,000 per acre based on gross sales dollars.) · annual sales threshold: >= 1000 USD per acre (Applies to the 2-acre alternative in areas not zoned for the listed agricultural uses.)
“nor shall any such ordinance or by-law prohibit, unreasonably regulate, or require a special permit for the use of land”
General Law - Chapter 40A, Section 3 ↗Re-checked Sep 11, 2026
Shed and accessory-building permit exemptionConditional
One-story detached accessory structures used as tool and storage sheds, playhouses, and similar uses.
- The floor area must not exceed 200 square feet (18.58 square meters).
- The exemption is only from a permit pursuant to 780 CMR.
- Other laws and the specialized codes of M.G.L. c. 143, § 96 may still require a permit.
maximum floor area: <= 200 square feet (One-story detached accessory structures used as tool and storage sheds, playhouses, and similar uses.) · maximum floor area: <= 18.58 square meters (One-story detached accessory structures used as tool and storage sheds, playhouses, and similar uses.)
“a permit pursuant to 780 CMR is not required [...] One-story detached accessory structures [...] provided that the floor area does not exceed 200 ft² (18.58 m²).”
780 CMR Tenth Edition Massachusetts Amendments ↗Re-checked Nov 4, 2026
Subdividing landRegulated (with conditions)
Subdivision of land in Massachusetts cities or towns where the subdivision control law is in effect.
- A proposed subdivision plan must be submitted to the applicable city or town planning board for approval before subdivision.
- The plan must show the lots and existing or proposed ways furnishing access to the lots.
- After approval, changes to the location or width of ways require amendment under section 81W.
- Lot changes must retain required frontage under local ordinance or by-law, or at least 20 feet if no such frontage distance is required.
minimum frontage when no local distance is required: 20 feet (Applies to changed lots after approval under § 81O.)
“No person shall make a subdivision of any land in any city or town in which the subdivision control law is in effect”
Massachusetts General Laws c. 41, § 81O ↗Re-checked Oct 5, 2026
Building in a floodplainLimited
Buildings and structures governed by the Massachusetts State Building Code (780 CMR) that are located in FEMA-mapped flood hazard (A) zones, high hazard (V) zones, or significant coastal dunes. Not a general ban on development in floodplains, and not a rule for buildings outside those areas.
- Applies only to buildings and structures in A zones, V zones, or coastal wetland resource areas containing coastal dunes deemed significant to flood control and/or storm damage prevention.
- The source is a MassDEP guide summarizing Appendix G (780 CMR 120.G) of the 7th edition of the building code, effective January 1, 2008. I could not open the current edition's text (mass.gov code PDFs returned HTTP 403), so the current Appendix G and Section 1612 requirements are unverified.
- Flood zones are those on a community's Flood Insurance Rate Map or flood hazard boundary map.
- Residential-code provisions such as R322 apply only to structures governed by the residential code and are not cited here.
- Wetlands Protection Act permits from local conservation commissions may apply separately.
“appendix g establishes special administrative, design and construction requirements for new and existing buildings and structures located in flood-hazard zones (a zones); high hazard zones (v zones); and/or in coastal wetland resource areas containing coastal dunes that are deemed significant to the public interests of flood control and/or storm damage prevention.”
Protecting Coastal Property from Major Storm Damage (MassDEP) ↗Re-checked Nov 6, 2026
Permit feesVariable (with conditions)
Building permits governed by the Massachusetts State Building Code; the statewide code directs applicants to the applicable state schedule for state permits and to the municipality for municipal permit fees.
- A permit is not valid until fees prescribed by law are paid.
- An amendment is not released until any additional fee established by the applicable governing authority is paid.
- Municipal building permit fees are determined by the municipality rather than published as one statewide amount.
state building permit fee schedule: 801 CMR 4.02: Fees for Licenses, Permits, and Services to be Charged by State Agencies
“For municipal building permit fees, refer to the municipality.”
780 CMR Tenth Edition Massachusetts Amendments ↗Re-checked Nov 4, 2026
Campground & park staysLimited
Temporary camping at public recreational facilities operated in Massachusetts state parks, state forest recreation areas, and state reservations.
- Camping is limited to areas operated as public recreational facilities by the commissioner; the statute does not authorize camping generally on all Massachusetts land.
- Facilities must be consistent with the policy of the Commonwealth as set forth in section 2B.
- The commissioner may impose and collect charges and fees for use of the lands, buildings, facilities, and equipment, and may revise those fees from time to time.
- A disabled veteran, Purple Heart recipient, or handicapped person whose vehicle bears the specified distinctive type number plate is not required to pay charges or fees imposed under section 2D(2).
“In the development and improvement of state parks, state forest recreation areas and state reservations, the commissioner is hereby authorized and empowered:—(1) To acquire, plan, construct, maintain and operate public recreational facilities, including roads, areas for parking, picknicking and camping, provisions for swimming, wading, boating, outdoor games, winter sports, horseback riding, bicycling and hiking trails, nature study, rest areas, outlooks, comfort stations, food accommodations and such other facilities as the commissioner deems necessary and desirable and consistent with the policy of the commonwealth, as set forth in section two B.”
Massachusetts General Laws, Chapter 132A, Section 2D ↗Re-checked Oct 1, 2026

Inside cities and towns in Dukes County

Municipal rules found while researching the county. They apply inside that city or town, not to unincorporated land.

Building permitRequired
Building work in the Town of West Tisbury, Dukes County.
- A one-story detached accessory structure not exceeding 200 square feet is identified as exempt from the building-permit requirement.
- Other laws, bylaws, rules, and specialized codes may still require a permit.
detached accessory structure floor area exemption: <= 200 square feet (one-story detached accessory structure)
“Non-habitable Sheds >200sqft are required to meet 50' setbacks and would require a Building Permit.”
Building Department ↗Re-checked Oct 6, 2026
One more reviewed finding on this topic
- Required — Construction, reconstruction, alteration, repair, removal, demolition, changes of use or occupancy, and regulated equipment in Oak Bluffs.
  “It shall be unlawful to construct, reconstruct, alter, repair, remove or demolish a building or structure; or to change the use or occupancy of a building or structure; or to install or alter any equipment for which provision is made or the installation of which is regulated by this code without first filing a written application with the building official and obtaining the required permit.”
  Frequently Asked Questions - Building Department ↗Re-checked Oct 6, 2026
Owner-builder exemptionAvailable (with conditions)
An owner-occupant applying for a building permit for work on an owner-occupied home in Oak Bluffs.
- The homeowner must either perform the work personally or agree to supervise construction.
- The Building Department states it cannot ensure that contractors have proper licenses or insurance when the homeowner applies.
- The homeowner may not have access to the Home Improvement Guarantee Fund in cases of fraud or shoddy workmanship.
- A building permit remains required.
“Yes, in an owner occupied home,homeowners who are either doing the work themselves or agree to supervise construction can apply for a Building Permit.”
Frequently Asked Questions - Building Department ↗Re-checked Oct 6, 2026
Building code adoptedAdopted
State building-code enforcement in West Tisbury, Dukes County.
- The page identifies enforcement of State Building Codes by the town Building Department; the accessible source does not identify a separate local code amendment.
“The enforcement of State Building Codes, Local Zoning Ordinances, Architectural Access Board Regulations, and 271 CMR Sheet Metal Code.”
Building Department ↗Re-checked Oct 6, 2026
Local zoningPresent (with conditions)
Local zoning in the Town of West Tisbury, one of the municipalities in Dukes County.
- The local zoning ordinance is administered and enforced at the town level.
- This claim does not establish a countywide zoning ordinance or the zoning rules of other Dukes County municipalities.
“The enforcement of State Building Codes, Local Zoning Ordinances, Architectural Access Board Regulations, and 271 CMR Sheet Metal Code.”
Building Department ↗Re-checked Oct 6, 2026
SetbacksSpecified
Accessory structures and uses in West Tisbury, Dukes County.
- Detached garages, studios, barns, stables, tennis courts, swimming pools, and accessory structures attached to the principal building must comply with the principal-building setback requirements.
- One detached accessory structure or use may encroach into required setback areas only if it is not used for human habitation, has a footprint no larger than 120 square feet, does not exceed 16 feet in height, and is set back at least the structure's height and not less than 10 feet from side or rear lot lines.
- A special permit may allow certain non-habitable structures that do not meet setback requirements.
encroaching detached accessory structure footprint: <= 120 square feet (must not be used for human habitation) · encroaching detached accessory structure height: <= 16 feet · minimum side or rear setback for qualifying encroaching accessory structure: >= 10 feet (also at least the height of the structure)
“Has a footprint no larger than 120 square feet;”
Building Department ↗Re-checked Oct 6, 2026
Who permits septicLocal (with conditions)
Local administration of septic plan review, permitting, inspection, and compliance certification in Oak Bluffs.
- Oak Bluffs applies the statewide Title 5 regulations in 310 CMR 15.00.
- The Board of Health/Health Department performs plan review, inspections, and permit issuance.
- Other referrals, such as Conservation Department review, may be required when wetland or open-water setbacks cannot be met.
“New septic systems and repairs to existing septic systems are installed with regulatory oversight by the Health Department. Septic Plans are reviewed and approved within 45 days of submission of a completed septic construction application.”
Septic Systems ↗Re-checked Oct 6, 2026
One more reviewed finding on this topic
- Local (with conditions) — Administration of septic-system permitting in Oak Bluffs, Dukes County.
  “Plan Review and Inspections for: [...] Septic Systems”
  Board of Health/Public Health Dept. ↗Re-checked Oct 6, 2026
Septic permitRequired
New onsite wastewater systems and repairs to existing septic systems in Oak Bluffs.
- Plans are reviewed and approved by the Health Department.
- An approval permit to construct or repair is issued after plan approval.
- Final approval is issued as a Certificate of Compliance after inspection and required engineer and installer letters.
- The system must comply with 310 CMR 15.00.
plan review period: 45 days (after submission of a completed septic construction application)
“Once your plan is approved, a permit to construct or repair is issued.”
Septic Systems ↗Re-checked Oct 6, 2026
One more reviewed finding on this topic
- Required — Septic construction and related on-site wastewater permitting in Oak Bluffs, Dukes County.
  “Once your plan is approved, a permit to construct or repair is issued.”
  Board of Health/Public Health Dept. ↗Re-checked Oct 6, 2026
Permit feesVariable (with conditions)
Oak Bluffs building permit fees.
- The fee is determined by the municipality.
- For one- and two-family applications, the form lists either a standard city/town application fee or building cost multiplied by a municipal factor and .0065, described as $6.50 per $1,000 of actual building cost, or a municipal minimum fee.
- Other fees may apply.
building-cost multiplier: 0.0065 per USD (the form also permits a standard city/town application fee or municipal minimum fee)
“*** permit types not defined are $6.50/$1000 of cost, $300 minimum. Fees Will Be Doubled For Work Performed Prior To Issuance of a Permit.”
Frequently Asked Questions - Building Department ↗Re-checked Oct 6, 2026

Set by your town or city, not the county

In Massachusetts, zoning is adopted by each town or city, so Dukes County has no county-wide answer on these. Find your town or city in the list of places on this page, or call its clerk or zoning administrator.

Minimum lot size
Building height
Short-term rentals

Still unanswered

We looked and could not find an official answer yet. Silence is not permission — ask the county directly.

Driveway access — Driveway-access requirements in Dukes County.
Permit process — Permit process in Dukes County.

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.

Living off-grid in Dukes County, Massachusetts

Is Dukes County a good place to live off-grid or homestead?

Dukes County scores 60/100 on the Bolthole Index, a solid county profile. Its strengths: a durable current and mid-century hazard profile and strong self-sufficiency basics: 47.1″/yr rainfall with little drought. Watch-outs: sparse surroundings — about 12,242 people within a 30-minute drive.

How much does land cost in Dukes County, Massachusetts?

Land in Dukes County runs about $8,824 per acre, based on the latest county data.

What is the water situation in Dukes County?

Dukes County gets about 47.1" of rain a year, with severe drought in roughly 4% of years.

How remote is Dukes County?

A typical private-land location has about 59,044 people within 15 miles and 9,626,184 within 100 miles. These radius catchments are the published fallback where road routing is unavailable.

Building permits, zoning and land rules in Dukes County, Massachusetts