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Select Board backs letter urging targeted septic-rule changes, urges legal review of nitrogen‑credit language

Town of Nantucket Select Board · January 15, 2026
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Summary

Select Board endorsed a draft letter to the Board of Health urging hardship waivers and expanded financial help for residents facing I/A septic upgrades, and recommended clarifying legal authority before offering nitrogen‑loading bedroom credits tied to deed restrictions.

The Select Board on Jan. 14 endorsed a draft letter from the Housing Department to the Board of Health urging measures to reduce housing and environmental impacts of proposed septic‑system regulation changes.

Dylan, the housing department deputy, said the draft asks the Board of Health to consider three financial measures — a hardship waiver for residents who cannot afford new I/A (innovative/alternative) septic systems, expanded septic‑loan eligibility beyond system failure, and grants or 0%/low‑interest loans to cover annual maintenance — and a policy proposal to allow nitrogen‑loading (bedroom) credits when a homeowner installs an I/A system and places a year‑round deed restriction on the property.

Board members supported the outreach but pressed for legal clarity on the bedroom‑credit concept. Several members and counsel noted the distinction between targeting year‑round homeowners and granting credits tied to deed restrictions; town and housing staff said the intent is to allow credits in exchange for an I/A system plus a year‑round deed restriction (which prevents conversion to a short‑term rental). Select Board members requested that language be reviewed by town counsel and that staff coordinate with the Board of Health and planning officials before sending the letter.

The board voted to approve the letter with the requested clarifications and recommended a joint meeting with the Planning Board to address implementation details and enforcement concerns.