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Town tightens short-term rental rules after land court decision; rental certificates capped
Summary
In response to a land court decision, Mashby amended short-term rental rules to require owner-host occupancy for accessory rentals and to honor existing rental certificates, limiting the number of active short-term rentals to the current certificate count.
Town meeting approved an amendment to the short-term rental bylaw aimed at preserving the town’s inventory of licensed rental certificates while restricting future short-term use by requiring owner-host occupancy or minimum occupancy thresholds for accessory rentals.
Town planner Brian Tobin said the change was prompted by a recent land court ruling that created legal uncertainty about how the town’s prior approach would survive judicial review. The amended language inserts an accessory-use requirement that rentals must have exclusive occupancy by an owner-host for specified minimum periods or otherwise be limited, and the town plans to honor existing rental certificates so the count will not increase beyond the current number (roughly "a little over 400" according to the town planner).
Supporters told attendees the amendment is a proactive effort to preserve tax revenue and avoid invalidating certificates pending appeal; opponents or questioners raised timing and whether appeals would resolve the issue differently. After discussion, Article 31 passed 203–31.
