Overview: Are short‑term rentals allowed in Orleans, MA?

• Yes. Short‑term rentals of 31 days or fewer are allowed in Orleans only if you register the property with the Town and comply with local and state health, safety, zoning, and tax laws.
• Orleans’ short‑term rental bylaw (Chapter 132) requires owners to register with the Town (via Board of Health and/or the Town’s Assessor’s Office per Town processes) before renting, renew annually, and meet strict posting, occupancy, parking, trash, and life‑safety requirements. The bylaw was approved by voters and the Massachusetts Attorney General, and the Town began accepting applications in January 2024.
• Compliance is not optional: the Town can inspect, issue warnings, fine, and suspend or revoke registrations for violations.

How to start an STR business in Orleans

1. Confirm zoning and prior approvals

• Confirm your parcel is a lawful residential use and that any STR configuration is compliant with Orleans zoning. If you are uncertain, consult with the Town Planner or a local zoning attorney. The Board of Health’s acceptance of a registration does not constitute zoning compliance.

2. Register with the Town before renting

• File a Short‑Term Rental registration application with the Town (as directed by the Town; see Contacts section). Applications are accepted in‑person and online beginning January 1, 2024.
• Registration must be renewed annually with a new application and fee.

3. Complete a sworn affidavit of health/safety compliance

• Submit the Board of Health’s affidavit attesting compliance with state and local health and safety laws as part of your application. You must confirm compliance with building, fire, and health codes at registration and at each renewal.

4. Set up taxes and provider registrations

• Register with the Massachusetts Department of Revenue (DOR) to collect and remit the state room occupancy excise (5.7%) and any applicable local taxes.
• Set up your platform or management system to collect and remit:
  • Massachusetts Lodging and Excise Tax: 5.7%
  • Cape and Islands Water Protection Fund surtax: 2.75%
  • Local Lodging and Excise Tax (Orleans): 6.0%
  • Combined total typically collected from guests: 14.45%
• Ensure any state or local exemptions you believe apply (e.g., infrequent rentals under statutory thresholds) are correctly documented and reported.

5. Implement required safety equipment and testing

• Install functional smoke detectors and carbon monoxide alarms on every level.
• Provide and maintain one 2.5‑lb multi‑purpose fire extinguisher on each floor.
• Test and perform maintenance on all detectors/alarms at registration renewal; repair or replace any defective or expired device immediately.

6. Prepare required postings and operations

• Prepare a conspicuous in‑unit posting containing the Town’s STR summary, 24/7 operator/agent contact info, occupancy limits, parking, noise, and trash rules.
• Add your Town‑issued registration number to every listing that offers the unit for rent.

7. Establish your guest management framework

• Maintain a guest register (leaseholder name, total occupants, dates of occupancy) for at least two years; make it available to Town officials upon request.
• Enforce occupancy (2 per bedroom plus two) and on‑premise parking only.
• Ensure trash is removed weekly or at the end of each occupancy, whichever is more frequent.

8. Select an on‑island operator’s agent (recommended)

• While not always required by the bylaw, professional investors are strongly advised to designate a local operator or agent with a 24/7 phone line who can respond in person within one hour to Town or public safety agency requests.

Required documents, permits, licenses, and guidelines

• Town application and affidavit:
  • Orleans Short‑Term Rental registration application (Board of Health form; Town may route through Assessor’s Office).
  • Sworn affidavit of compliance with state/local health and safety laws.
  • Annual renewal with updated information.
• Property and ownership documentation:
  • Owner’s name, residential address, phone.
  • Names/addresses/phones of any person(s) with direct or indirect ownership interest.
  • If owner is a corporation/LLC: president and legal representative details.
  • If owner is a trust/partnership: managing trustee or partner details.
• Operations documentation:
  • Operator’s name and contact information.
  • Operator’s agent name and contact information (if different), with 24/7 phone.
  • Number of bedrooms and floor plan basics.
  • Safety equipment inventory (smoke/CO devices and fire extinguishers).
• State tax registration:
  • Massachusetts DOR account for room occupancy excise and local option taxes; compliance with Mass. General Laws c.64G (short‑term rental statute).
• State lodging operator registry:
  • Public Registry of Lodging Operators listing for your property as required by state law.

Local regulations specific to Orleans (Chapter 132)

• Registration:
  • Required before any rental; non‑transferable; terminates upon sale/transfer; must be renewed annually.
• Fees:
  • $50 base fee plus $50 for each bedroom over two (amount subject to change after Select Board hearing).
• Publication:
  • Include the Town registration number on every listing.
• Contact info and emergency response:
  • Provide current owner, operator, and operator’s agent information.
  • Maintain a 24/7 contact that can respond in person within one hour to complaints or emergencies from the Board of Health, Police, or Fire.
• Posting requirements:
  • Post the Town‑issued STR summary and the registration certificate conspicuously inside the unit.
• Occupancy:
  • Maximum 2 occupants per bedroom, plus up to two additional occupants.
• Parking:
  • All associated parking must be on the registered premises; no off‑premises parking without written permission from the off‑premise owner.
• Trash:
  • Remove household trash immediately after occupancy ends or at least weekly, whichever is more frequent.
• Smoke/CO and fire extinguishers:
  • Functional smoke detectors and CO alarms on every level; one 2.5‑lb multi‑purpose fire extinguisher per floor; testing/maintenance at each renewal.
• Register of guests:
  • Keep a register with leaseholder name, total occupants, and occupancy dates for two years; provide to officials upon request.
• Municipal taxes/fees:
  • Registration privilege depends on timely payment of all municipal taxes, fees, assessments, and charges. Nonpayment can trigger denial, suspension, amendment, or revocation after notice and hearing under G.L. c.40, §57.
• Inspections:
  • Subject to reasonable inspections by the Board of Health and other Town departments.
• Enforcement and penalties:
  • Violations can result in warnings, fines, and/or suspension/revocation:
    • Failure to comply with an order: $150 first fine; $300 for continued non‑compliance; each day of continued non‑compliance is a separate violation.
    • General bylaw violations by owner/occupant/operator: $150 first offense; $300 second and subsequent offenses.
• Regulations and severability:
  • The Select Board may adopt implementing regulations and policies; any conflict with other Town code provisions is resolved in favor of Chapter 132.

State‑level regulations that apply in Orleans

• Massachusetts General Laws c.64G (short‑term rentals):
  • Defines short‑term rental and authorizes local registration and regulation.
  • Requires registration with the state (Public Registry of Lodging Operators).
  • Establishes state lodging excise (5.7%) and allows local option taxes.
• State room taxes:
  • Massachusetts Lodging and Excise Tax: 5.7%.
  • Cape and Islands Water Protection Fund surtax: 2.75%.
  • Local Lodging and Excise Tax (Orleans): 6.0%.
• General safety and building compliance:
  • Must meet all applicable state and local health, fire, and building code standards at all times.

Local authority and contact information

• Board of Health (regulatory oversight, inspections, forms/affidavits)
  • Address: Town of Orleans, Board of Health, 19 School House Road, Orleans, MA 02653
  • Phone: (508) 240‑3700, ext. 3200
  • Email: health@town.orleans.ma.us
  • Website (Town portal): www.town.orleans.ma.us/
• Assessor’s Office (STR registration applications, per Town process)
  • Phone: (508) 240‑3700, ext. 3150
  • Website: www.town.orleans.ma.us/
• Massachusetts Department of Revenue (room occupancy tax registration)
  • Phone: (617) 887‑6367
  • Website: www.mass.gov/
• Massachusetts Public Registry of Lodging Operators
  • Website: www.mass.gov/info-details/public-registry-of-lodging-operators

Source pages (links)

• Orleans Short‑Term Rental Bylaw (Chapter 132) PDF: www.town.orleans.ma.us/DocumentCenter/View/3437
• Town Meeting Warrant (excerpt on rental registration program): www.town.orleans.ma.us/DocumentCenter/View/5072/FINAL-WARRANT-4723-revised-107-pm-for-PRINT
• Massachusetts Public Registry of Lodging Operators: www.mass.gov/info-details/public-registry-of-lodging-operators
• Cape Cod Chronicle coverage of local STR registrations and comparison data: www.capecodchronicle.com/articles/1001/view/short-term-rental-registrations-lag
• Wicked Local overview on Orleans STR discussion and proposed bylaw: www.wickedlocal.com/story/cape-codder/2022/07/18/short-term-rental-rules-tax-revision-orleans-airbnb-vrbo/10066745002/

Investor note: Process nuances and timeline

• The bylaw assigns registration to the Board of Health, but the Town announced that the Assessor’s Office would begin taking applications online and in person starting January 1, 2024. Because organizational details can evolve, investors should confirm the current routing (Board of Health vs. Assessor’s Office) before filing.
• The State’s public registry shows materially more Orleans STRs than the Town’s local registry—suggesting ongoing compliance outreach and enforcement. Investors should expect the Town to align local registrations with state listings over time.
• Orleans requires a no‑nonsense compliance posture. The Town can inspect, fine, and revoke registrations; and registration is dependent on tax and fee compliance. Treat it as a regulated hospitality business operating in a residential setting.

Practical next steps

• Verify zoning eligibility and lawful bedroom counts for your property.
• Build your safety file (smoke/CO tests, extinguisher inspections, floor plans).
• Register with the Town and the state; upload your affidavit and contact details.
• Add your Town registration number to every listing.
• Set up automated tax collection and remittance (state + Cape & Islands + local).
• Post in‑unit rules; prepare a guest operations manual; designate a local agent with 24/7 response capability.
• Monitor annual deadlines for renewal and safety testing.

If you keep compliance ahead of occupancy, Orleans can be a stable, profitable STR market with clear rules and robust enforcement protecting both operators and neighborhoods.