Zoning, building permits and septic rules in Town of Oak Bluffs, Massachusetts

Town of Oak Bluffs’s own rules

• Building permitRequired

  Temporary structures (no foundation or footings, to be removed within twelve months) inside Oak Bluffs town. This is a narrow definition-based rule, not a general building permit requirement.

  • The definition requires the structure to conform to the table of dimensional requirements and to receive a permit from the building commissioner.
  • General building permit, inspection and certificate of occupancy rules were not located in the bylaw text reviewed.

  “temporary structure: a structure without any foundation or footings to be removed within a twelve-month time period. said structure shall conform to the requirements of the table of dimensional requirements and shall receive a permit from the building commissioner.”

• Local zoningPresent

  Land inside Oak Bluffs town limits, under the town's own Amended Zoning By-Law

  • Bylaw text is the Amended Zoning By-Law current to May 2021 per its file title; later amendments were not checked.
  • Topics the bylaw does not address are left unknown rather than answered from state or county law.

  “these regulations are enacted to promote the general welfare of the town, to protect the health and safety of its inhabitants, to encourage the most appropriate use of land throughout the town”

• SetbacksDistrict specific (with conditions)

  R-1 district lots inside Copeland overlay sections a, b, c and d (historic small-lot area), front setback only

  • Relief is by special permit of the Board of Appeals and applies only to front setbacks.
  • This is not the base R-1 setback; the base values are in the Table of Dimensional Requirements (Appendix B), which was not reached.

  “within those sections of the r-1 residential district consisting of the copeland overlay district sections a, b, c, and d, the board of appeals may grant special permit relief from the requirements for the front setback(s) of a lot.”

  One more reviewed finding on this topic

  • Specified — Accessory sheds of 100 square feet or less in the R1, R2, R3 and R4 districts (not dwellings)

    “the minimum setback between any shed of one hundred (100) square feet or less and any lot line other than the street line shall be five (5) feet.”

• Lot coverageSpecified

  New dwellings on lots in Oak Bluffs town (section 4.2 general special rule, no district named)

  • Applies to construction of a new dwelling; the section does not state whether additions or accessory structures are covered.
  • No district exception was stated in the text read.

  maximum share of lot area occupied by new dwelling: <= 33.3 percent of lot area

  “no permit shall be granted for the construction of a new dwelling that would occupy more than one third of the lot area.”

• Building heightDistrict specific (with conditions)

  Structures in the HC district, by special permit of the Board of Appeals

  • Height above the table limit is allowed only by special permit, which requires the Board of Appeals to consider shadows and view corridors (cross-reference to section 10.3.2).
  • The base height for the main R-1 single-family district is in the Table of Dimensional Requirements (Appendix B), which was not reached.

  maximum height by special permit: <= 50 feet (HC district only, by special permit of the Board of Appeals)

  “notwithstanding the provisions of the table of dimensional requirements, the board of appeals may authorize by the grant of a special permit a structure not higher than fifty (50) feet.”

• Living in an RVProhibited

  Travel trailers and similar facilities (RVs) on any land inside Oak Bluffs town, whether occupied as a residence or parked or stored

  • Exception 6.4.2(1): may be stored in an enclosed garage if not used as a residence or dwelling.
  • Exception 6.4.2(2): may be parked or stored for not more than 14 days if not used as a residence or dwelling.
  • Exception 6.4.2(3): may be used as office or storage in connection with a construction project.
  • Section 6.4.3 covers nonconforming trailers and was not read.

  maximum days parked or stored (not used as dwelling): <= 14 days (section 6.4.2(2) exception)

  “no mobile home, travel trailer or similar facility, however mounted, shall be occupied as a residence or parked or stored within the town.”

• Manufactured homesProhibited

  Mobile homes (the bylaw term; a dwelling on a chassis without a required permanent foundation) inside Oak Bluffs town

  • The bylaw uses the term mobile home; it was not checked whether modular or HUD-code manufactured homes on permanent foundations are treated differently.
  • Same exceptions as section 6.4.2 apply: garage storage, parking or storage up to 14 days if not used as dwelling, construction-office use.

  “no mobile home, travel trailer or similar facility, however mounted, shall be occupied as a residence or parked or stored within the town.”

• Driveway accessLimited

  Vehicular access to a building site on a lot inside Oak Bluffs town

  • Access must be exclusively through the lot frontage unless the planning board authorizes otherwise by special permit.
  • No driveway width, curb-cut or permit rule was located.

  “vehicular access to a building site on the lot shall be exclusively through the frontage of the lot unless otherwise authorized by special permit by the planning board.”

• Building in a floodplainRequired

  New development in less hazardous A zones (FEMA FIRM) inside Oak Bluffs town

  • Requires a special permit process that meets design criteria and performance standards.
  • Source is a Mass.gov/CZM page describing the 2010 amendments; current bylaw text not checked.

  “the bylaw also requires that all new development in less hazardous areas—those designated as a zones on the firms—go through a special permit process”

  One more reviewed finding on this topic

  • Limited — New residential development and expansion of existing development in the V, VE and AO flood zones (FEMA FIRM) inside Oak Bluffs town

    “the zoning bylaw now prohibits new residential development and expansion of existing development in the most hazardous flood zones—those designated as v, ve, or ao zones on the federal emergency management agency's flood insurance rate maps (firms).”

Still unanswered

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

• Owner-builder exemption — Owner-builder exemption for building inside Oak Bluffs town
• Building code adopted — Building code in force inside Oak Bluffs town
• Inspections — Building inspections for new homes inside Oak Bluffs town
• Certificate of occupancy — Certificate of occupancy for new homes inside Oak Bluffs town
• Minimum dwelling size — Minimum dwelling floor area inside Oak Bluffs town

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 Oak Bluffs 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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