Six-Month Minimum Rental Period

AG Disapproved

Falmouth, Barnstable County

Use & Occupancy

📋

What This Means for Your Project

The Attorney General has disapproved this provision as inconsistent with G.L. c. 40A §3. It is preempted by state law, though it may still appear in Falmouth's local code. Builders should cite the AG decision if this comes up during permitting.

State Law

G.L. c. 40A, § 3 and the regulations only authorize municipalities to prohibit short-term rentals as defined in G.L. c. 64G, § 1 — which covers stays of 31 consecutive calendar days or less. A six-month minimum rental period exceeds the state-authorized restriction.

Local Bylaw

Section 240-9.1C(4) prohibited ADU rentals of less than six months.

Impact on Your Project

The Attorney General disapproved and deleted this provision as an unreasonable regulation of ADU rentals. The remaining language prohibiting weekly and monthly 'summer rentals' was approved but the AG advised the town to consult with counsel on aligning the language with G.L. c. 64G, § 1.

AG Decision

AG disapproved June 2, 2025 — six-month minimum rental period deleted from § 240-9.1C(4).

Sources

MGL c.40A §3 G.L. c. 64G, § 1 AG Decision — Falmouth (6/2/2025)