Town of Aquinnah, MA Building Permit Guide

Permit Authority

All properties within the Town of Aquinnah (formerly Gay Head; westernmost town on Martha's Vineyard; includes Wampanoag Tribe of Gay Head tribal lands and Gay Head Cliffs area with exceptional environmental and archaeological sensitivity).

Department

Building / Wiring / Gas and Plumbing Inspectors

Address

955 State Road, Aquinnah, MA 02535 (Town Hall)

Phone

(508) 645-2300 (main town hall); (508) 645-2307 (building department direct); (508) 560-5192 (Adam Petkus, Building Inspector)

Email

buildinginspector@aquinnah-ma.gov

Website

https://aquinnah-ma.gov/building-wiring-gas-plumbing-inspectors

Online Permit Portal

Application Process

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.

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.

Source: Building / Wiring / Gas and Plumbing Inspectors

General Requirements

A building permit is required for all construction within the Town of Aquinnah except as exempted by 780 CMR 105.2.

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)

Permit validity

Must commence construction within 6 months of issuance. Work may lapse if suspended for 12 months.

Building code

780 CMR (Massachusetts State Building Code, 10th Edition effective October 11, 2024)

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.

Fees

Trade permit fee

Separate fees for electrical/wiring, gas, and plumbing permits (set per state guidelines; specific amounts not published in accessible sources)

Payment note

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. Verify current amounts at the official fee schedule (effective November 8, 2023).

Work That Does NOT Require a Permit

• 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)

Important: 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.

Inspections

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 inspection 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

Additional Resources

• Building code: 780 CMR (Massachusetts State Building Code, 10th Edition effective October 11, 2024)
• Verify contractor license: Massachusetts Board of Building Regulations and Standards - License Lookup
• Zoning information: View zoning info
• Owner-builder rules: View rules
• MVC DRI Information for Aquinnah
• Wampanoag Tribe of Gay Head (Aquinnah)
• License lookup guide: Massachusetts Contractor License Requirements
• Contract template: Massachusetts Homeowner-Contractor Agreement
• Massachusetts hub: Massachusetts Contractor License & Permit Hub

Other cities in Dukes County