Zoning, building permits and septic rules in Town of Chilmark, Massachusetts

Town of Chilmark’s own rules

• Building heightSpecified

  Buildings and structures erected in any Chilmark zoning district after the effective date of the zoning bylaw.

  • The stated limit excludes barns or silos not built for human occupancy and curved, rounded, or eyebrow dormers.
  • The Board of Appeals may issue a special permit for a gabled or hip roof up to 28 feet if the stated historic-form, landscape-height, and view-continuity findings are made.

  shed, flat, curved, or rounded roof maximum height: <= 13 feet (Exceptions stated in Section 6.2.) · gabled or hip roof ridge maximum height: <= 24 feet (May be increased by special permit under Section 6.3.)

  “No building or structure shall be erected in any district of the Town after the effective date of this Zoning Bylaw, having a shed roof or a flat roof, or a curved or rounded roof exceeding a maximum height of thirteen (13) feet, or having the ridge of a gabled or hip roof exceeding a maximum height of twenty-four (24) feet.”

• Accessory dwellingsAllowed (with conditions)

  Protected Use accessory dwelling units in Agricultural-Residential District I inside Chilmark town limits.

  • ADUs require a safe-egress entrance, compliance with State Building Code, Title V, Wetlands Protection Act, and applicable local bylaws and regulations.
  • One Protected Use ADU per lot; maximum floor area is 900 square feet excluding a screen porch of 200 square feet or less.
  • A Protected Use ADU may not be used as a short-term rental except a qualifying pre-existing guest house.

  maximum Protected Use ADU floor area: <= 900 square feet (Excludes a screen porch of 200 square feet or less.)

  “a protected use adu shall not be larger in floor area than 900 square feet, not including a screen porch of 200 square feet or less.”

• Who permits septicLocal (with conditions)

  Septic systems inside Chilmark town limits.

  • The Town Board of Health is the stated septic-permit issuer.

  “The Board of Health is responsible for safeguarding the health of the town's residents. Their specific responsibilities include: Issuing permits for septic systems;”

• Septic permitRequired

  Septic systems inside Chilmark town limits.

  • Permit administration is by the Chilmark Board of Health.

  “The Board of Health is responsible for safeguarding the health of the town's residents. Their specific responsibilities include: Issuing permits for septic systems;”

• Permit processPartial

  Homesite Housing Lot development inside Chilmark town limits.

  • This is a published process for Homesite Housing Lots, not a complete process for all construction permits.

  “The proposed Homesite Housing Lot will need to be approved as a potential Homesite Housing Lot by the Planning Board and a Special Permit will be needed from the Zoning Board of Appeals.”

Rules another office applies inside Town of Chilmark

Town of Chilmark does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Short-term rentalsLimited

  Protected Use ADUs in Agricultural-Residential District I inside Chilmark town limits.

  • A Protected Use ADU generally may not be used as a short-term rental.
  • An exception applies where the Protected Use ADU was constructed under a special permit as a Guest House and provides rentals in compliance with applicable Town regulations and bylaws.

  “a protected use adu shall not be used as a short term rental (str) provided, however, that a protected use adu which was constructed under a special permit as a guest house may provide short term rentals in compliance with applicable town regulations and bylaws.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Town of Chilmark or Dukes County directly.

• Building permit — Residential construction inside Chilmark town limits.
• Inspections — Residential construction inside Chilmark town limits.
• Certificate of occupancy — Residential buildings inside Chilmark town limits.
• Minimum dwelling size — Principal single-family dwellings inside Chilmark town limits.
• Lot coverage — Residential lots inside Chilmark town limits.

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.

Off-grid gear

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

• Water Crystal Quest Filter any source — well, rain, or creek — to drinking-clean.
• Power Bluetti Solar generators and home battery backup for living off the grid.
• Septic Soil percolation test kit Run your own perc test before paying an engineer — the first thing a septic office asks about.
• Water Well water test kit Bacteria, nitrates, hardness — know what the well on a parcel is really pumping.

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