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

Town of Heath’s own rules

• Building permitRequired

  Construction, alteration or change of use of buildings or structures inside Heath town

  • Certification by the building inspector is required, and that certification requires that all necessary permits have been received; the required permit types are not itemized in the text read.
  • Quoted from the zoning bylaw section 1.2 (purpose and administration).

  “buildings or structures may be constructed, altered, or changed in use only upon certification by the building inspector that such action is in compliance with the then applicable bylaw and that all necessary permits have been received”

• Local zoningPresent

  Land inside Heath town limits: the Town of Heath adopts and administers its own zoning bylaw (Heath Zoning Bylaws V4).

  • Bylaw amended many times since adoption (latest listed amendments 2021 for sections 1.4, 4.2, 6.6.2.1, 6.5, 5.1 and 9).
  • The Building Inspector administers and enforces the bylaw (section 1.2).

  “town of heath, massachusetts adopted by town meeting april 29, 1989”

• Zoning districtsPublished

  Zoning districts of Heath town (A agricultural and residential; B Mohawk Estates; C Heath Center; D agricultural and forestry; water supply protection district; floodplain district)

  • The official zoning map is referenced in the bylaw; the map itself was not opened.
  • District B (Mohawk Estates) is bounded by recorded plans at Franklin County registry of deeds.

  “3.1 establishment of districts. the entire town of heath is hereby divided into the following types of districts: agricultural and residential - district 'a' residential/recreational: mohawk estates - district 'b' heath center - district 'c' agricultural and forestry - district 'd' 3.2 in addition, two overlay districts are hereby created: water supply protection floodplain”

• Minimum lot sizeSpecified

  Main residential lot in Heath District A (agricultural and residential district)

  • Lot area is increased 50% for two-family units, 100% for three-unit dwellings and 150% for four-unit dwellings.
  • At least 50% of the lot area must be uplands and not wetland resource areas (riverfront areas may count fully).

  minimum lot area: >= 87120 sq ft (2 acres; increased for multi-unit dwellings)

  “agricultural and residential district a 87,120' 2 acres 250' 50' 25' 25' 40'”

  One more reviewed finding on this topic

  • Specified — Agricultural and forestry District D inside Heath town

    “agricultural & forestry district d 174,240' 4 acres 350' 50' 25' 25' 40'”

• SetbacksDistrict specific (with conditions)

  Main residential lot in Heath District A (agricultural and residential district)

  • Setbacks as stated in the section 5.1 table; the table column header lists front, side and rear setbacks in feet.
  • Section 4.5.3 and section 4.9 contain parking and shared-drive setback provisions not read.

  front setback: >= 50 ft · side setback: >= 25 ft · rear setback: >= 25 ft

  “agricultural and residential district a 87,120' 2 acres 250' 50' 25' 25' 40'”

  One more reviewed finding on this topic

  • District specific (with conditions) — Agricultural and forestry District D inside Heath town

    “agricultural & forestry district d 174,240' 4 acres 350' 50' 25' 25' 40'”

• Building heightSpecified

  Main residential lot in Heath District A (agricultural and residential district)

  • Height limit as stated in the section 5.1 table; the District D row shows the same 40 ft limit.

  maximum height: <= 40 ft

  “agricultural and residential district a 87,120' 2 acres 250' 50' 25' 25' 40'”

• Living in an RVProhibited

  Year-round occupancy of camper/trailers in Heath town

  • Camper/trailers may not have permanent structures or services such as electrical, gas or septic attached, except temporary electrical service approved by the electrical inspector.
  • Business-use occupancy is also prohibited, with a stated exception.

  “camper/trailers are considered structures for temporary occupancy and are prohibited from year-round occupancy use or for business purposes.”

  One more reviewed finding on this topic

  • Temporary only (with conditions) — Occupancy of camper/trailers (RVs) used as temporary dwellings on private land in Heath District A (agricultural and residential) and District D (agricultural and forestry)

    “district a & d: (agricultural/residential/forestry)--temporary occupancy use is limited to no more than two weeks per calendar year and in accordance with the heath board of health regulations.”

• Camping on your landLimited

  Temporary camping with camper/trailers, travel trailers or motor homes on private land in Heath District A and District D

  • A visiting camper/trailer not owned by the property owner may be used up to two weeks in a calendar year and must be state-registered (section 4.10.3(e)).
  • Temporary occupancy is governed by the Board of Health regulations.

  temporary occupancy limit: no more than two weeks per calendar year (Board of Health exception under its regulations)

  “district a & d: (agricultural/residential/forestry)--temporary occupancy use is limited to no more than two weeks per calendar year and in accordance with the heath board of health regulations.”

• Who permits septicLocal (with conditions)

  Sanitary sewage disposal (septic systems) on land inside Heath town; the town Board of Health enforces the state Title 5 code locally

  • The Board of Health lists local Title 5 regulations among its own regulations, so Board of Health rules may add to the state code.
  • State Title 5 (310 CMR 15.00) is the underlying standard; the Board of Health page does not quote its text.

  “sanitary sewage disposal enforce title 5 of state environmental code examine sites, witness perc tests, issue certificates of compliance, approve plans”

Still unanswered

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

• Owner-builder exemption — Owner-builder exemption inside Heath town
• Building code adopted — Building code adoption inside Heath town
• Inspections — Building inspections inside Heath town
• Certificate of occupancy — Certificate of occupancy inside Heath town
• Minimum dwelling size — Minimum dwelling size inside Heath 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.