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§ 02
When a permit is required
Permit triggers and exempt work for Aquinnah
A building permit is required for all construction within the Town of Aquinnah except as exempted by 780 CMR 105.2.
Sheds of 120 square feet or less not used for habitation
Fences under 7 feet
Retaining walls under 4 feet
Standard finish work (painting, tiling, carpeting, cabinets)
All other standard 780 CMR 105.2 exemptions (see statewide overview)
- Exempt Sheds of 120 square feet or less not used for habitation
- Exempt Fences under 7 feet
- Exempt Retaining walls under 4 feet
- Exempt Standard finish work (painting, tiling, carpeting, cabinets)
- Exempt All other standard 780 CMR 105.2 exemptions (see statewide overview)
Note: IMPORTANT AQUINNAH-SPECIFIC NOTE: Even if a building permit is not required for certain work, the FOSSIL-FUEL-FREE BYLAW may still apply to any system installation. Conservation Commission's 200-foot vegetation-clearing restriction applies regardless of whether a building permit is required. Planning Board's Special Places 100-foot buffer applies to ANY land alteration, not just permitted construction. Archaeological sensitivity may trigger MHC survey requirement even for exempt work.
Required documents
- Completed building permit application (Massachusetts Board of Building Regulations and Standards standard form, available as downloadable PDF)
- Site plan and construction drawings
- Workers' compensation certificate or exemption affidavit
- CSL (Construction Supervisor License for structures over 35,000 cf) or HIC (Home Improvement Contractor) number, or Homeowner Exemption Affidavit
- ConCom Order of Conditions (if applicable)
- Planning Board Special Permit (if within Special Places 100-foot buffer zone)
- MVC approval (if DRI)
- Fossil-fuel-free compliance documentation (for new construction or large renovations)
- Fee Waiver Form (if applying for hardship waiver)
- Building code
- 780 CMR (Massachusetts State Building Code, 10th Edition effective October 11, 2024)
- Permit validity
- Must commence construction within 6 months of issuance. Work may lapse if suspended for 12 months.
- Owner-builder
- Homeowners of a 1- or 2-family primary residence may pull permits without a CSL or HIC license but must file a Homeowner Exemption Affidavit.
- Contractor requirements
- Contractors must hold a valid CSL (structures over 35,000 cf) or HIC registration for smaller residential work. Separate licensed contractors required for electrical/wiring, gas, and plumbing work.
§ 03
Application process
Typical processing: Variable; inspector Adam Petkus covers both Chilmark and Aquinnah. Aquinnah's remote location (western tip of island) combined with shared inspector and unconfirmed office hours means significant lead time required. Budget 3-4 weeks minimum for permit review; add additional time for archaeological surveys or MVC DRI review.
- 01 Review Aquinnah Zoning Bylaws (aquinnah-ma.gov/home/files/aquinnah-zoning-bylaws) for compliance. The Building Inspector enforces zoning. Special areas include the Gay Head Cliff Area District with restrictive development limits.
- 02 If property is within 100 feet of properties on Martha's Vineyard Commission's 'Special Places Register' (historic, archaeological sites), obtain Special Permit from Planning Board Plan Review Committee before any construction, development, clearing of vegetation, or land alteration. Coordinate with Massachusetts Historic Commission (MHC) and Wampanoag Tribe of Gay Head Tribal Historic Preservation Officer (THPO) if archaeological significance is possible. MHC has 45 days from receipt of adequate documentation to determine if archaeological survey is required.
- 03 Obtain Conservation Commission Order of Conditions if work is within wetland buffer zone. Aquinnah has clear-cutting prohibitions within 200 feet of wetlands and resource areas under local bylaws more restrictive than state law.
- 04 Refer large-scale projects to Martha's Vineyard Commission (MVC) before town action if they meet Development of Regional Impact (DRI) thresholds. Aquinnah is a rural town with low DRI thresholds; significant habitat areas (Gay Head Cliffs, coastal zones) have a 1-acre DRI trigger.
- 05 For projects on Wampanoag Tribe of Gay Head (Aquinnah) tribal lands, coordinate with Tribe and confirm jurisdictional requirements (1986 Intergovernmental Agreement; tribal lands subject to local zoning per agreement).
- 06 Verify compliance with Aquinnah fossil-fuel-free building bylaw (effective January 1, 2024) if new construction or large renovation. No fossil-fuel-powered systems allowed for heating, cooling, water heating, or cooking.
- 07 Submit completed building permit application (paper form) to building department.
- 08 Building Inspector reviews for 780 CMR compliance and fossil-fuel-free bylaw compliance.
- 09 Pay permit fees; permit issuance.
- 10 Schedule inspections by contacting Carolyn Feltz (Building Inspector Assistant) at (508) 645-2307 or main town hall at (508) 645-2300.
- 11 Certificate of Occupancy issued after all inspections pass.
Typical processing time: Variable; inspector Adam Petkus covers both Chilmark and Aquinnah. Aquinnah's remote location (western tip of island) combined with shared inspector and unconfirmed office hours means significant lead time required. Budget 3-4 weeks minimum for permit review; add additional time for archaeological surveys or MVC DRI review.
§ 04
Fee schedule
Effective November 8, 2023
Fee type
Amount
01
Trade permit fee
Separate fees for electrical/wiring, gas, and plumbing permits (set per state guidelines; specific amounts not published in accessible sources)
Contact Adam Petkus at buildinginspector@aquinnah-ma.gov or (508) 560-5192 for current trade permit fees and to confirm any updates to the building permit rate.
Fees change periodically. Confirm at the official fee schedule ↗ (effective November 8, 2023) before budgeting.
§ 05
Required inspections
Scheduling and sequence
How to schedule
- (508) 645-2307 (Carolyn Feltz, Building Inspector Assistant) or (508) 645-2300 (main town hall) (phone)
- Scheduling deadline
- Contact well in advance; limited capacity requires lead time
- Inspection hours
- Not fully published in accessible sources. Call (508) 645-2307 or (508) 560-5192 to confirm current hours.
- Time windows
- Specific inspection time windows not published
Typical sequence: Standard sequence per 780 CMR: footing/excavation, foundation, rough frame (before insulation), insulation, final building. Trade inspections: rough and final for electrical/wiring, plumbing, and gas.
In-person inspection required
§ 06
Frequently asked
Common questions about Aquinnah permits
01 Do I need a building permit in Aquinnah, MA? ▸
A building permit is required for all construction within the Town of Aquinnah except as exempted by 780 CMR 105.2.
02 How do I apply for a building permit in Aquinnah, MA? ▸
To apply for a building permit in Aquinnah, MA, follow these steps: 1. Review Aquinnah Zoning Bylaws (aquinnah-ma.gov/home/files/aquinnah-zoning-bylaws) for compliance. The Building Inspector enforces zoning. Special areas include the Gay Head Cliff Area District with restrictive development limits. 2. If property is within 100 feet of properties on Martha's Vineyard Commission's 'Special Places Register' (historic, archaeological sites), obtain Special Permit from Planning Board Plan Review Committee before any construction, development, clearing of vegetation, or land alteration. Coordinate with Massachusetts Historic Commission (MHC) and Wampanoag Tribe of Gay Head Tribal Historic Preservation Officer (THPO) if archaeological significance is possible. MHC has 45 days from receipt of adequate documentation to determine if archaeological survey is required. 3. Obtain Conservation Commission Order of Conditions if work is within wetland buffer zone. Aquinnah has clear-cutting prohibitions within 200 feet of wetlands and resource areas under local bylaws more restrictive than state law. 4. Refer large-scale projects to Martha's Vineyard Commission (MVC) before town action if they meet Development of Regional Impact (DRI) thresholds. Aquinnah is a rural town with low DRI thresholds; significant habitat areas (Gay Head Cliffs, coastal zones) have a 1-acre DRI trigger. 5. For projects on Wampanoag Tribe of Gay Head (Aquinnah) tribal lands, coordinate with Tribe and confirm jurisdictional requirements (1986 Intergovernmental Agreement; tribal lands subject to local zoning per agreement). 6. Verify compliance with Aquinnah fossil-fuel-free building bylaw (effective January 1, 2024) if new construction or large renovation. No fossil-fuel-powered systems allowed for heating, cooling, water heating, or cooking. 7. Submit completed building permit application (paper form) to building department. 8. Building Inspector reviews for 780 CMR compliance and fossil-fuel-free bylaw compliance. 9. Pay permit fees; permit issuance. 10. Schedule inspections by contacting Carolyn Feltz (Building Inspector Assistant) at (508) 645-2307 or main town hall at (508) 645-2300. 11. Certificate of Occupancy issued after all inspections pass.
03 How long does it take to get a building permit in Aquinnah, MA? ▸
Building permit processing times in Aquinnah, MA typically run Variable; inspector Adam Petkus covers both Chilmark and Aquinnah. Aquinnah's remote location (western tip of island) combined with shared inspector and unconfirmed office hours means significant lead time required. Budget 3-4 weeks minimum for permit review; add additional time for archaeological surveys or MVC DRI review.. Timelines can vary based on project complexity and current department workload.
04 What work is exempt from building permits in Aquinnah, MA? ▸
Not all construction work requires a permit in Aquinnah, MA. The following work is generally exempt: Sheds of 120 square feet or less not used for habitation; Fences under 7 feet; Retaining walls under 4 feet; Standard finish work (painting, tiling, carpeting, cabinets); All other standard 780 CMR 105.2 exemptions (see statewide overview). Note: IMPORTANT AQUINNAH-SPECIFIC NOTE: Even if a building permit is not required for certain work, the FOSSIL-FUEL-FREE BYLAW may still apply to any system installation. Conservation Commission's 200-foot vegetation-clearing restriction applies regardless of whether a building permit is required. Planning Board's Special Places 100-foot buffer applies to ANY land alteration, not just permitted construction. Archaeological sensitivity may trigger MHC survey requirement even for exempt work. When in doubt, confirm with the local building department before starting work.
05 How do I schedule a building inspection in Aquinnah, MA? ▸
Once your permit is issued and work reaches an inspection milestone, you can schedule a building inspection in Aquinnah, MA via: (508) 645-2307 (Carolyn Feltz, Building Inspector Assistant) or (508) 645-2300 (main town hall). Contact well in advance; limited capacity requires lead time.
last verified April 2026
source Building / Wiring / Gas and Plumbing Inspectors ↗
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Educational reference. Permit rules and fees change — confirm current requirements directly with Building / Wiring / Gas and Plumbing Inspectors before applying. Jaspector is not legal advice.