Overview: Whether short-term rentals are allowed in Burlington, Massachusetts

• Short-term rentals (STRs) are prohibited in Burlington, Massachusetts. The Town’s zoning bylaw prohibits STRs as both a principal and accessory use. Specifically, short-term rentals are defined as the use of a residential unit for occupancy by a person or persons for a period of fewer than twenty-eight consecutive calendar days for a fee, and the Town has prohibited this use across all districts. In practice, this means you cannot operate an Airbnb, VRBO, or similar STR in Burlington.
• The Town also regulates Accessory Dwelling Units (ADUs). While ADUs are permitted as-of-right in the Single-Family Residential (RO) district under the Protected Use ADU provisions, the bylaw is explicit that no Protected Use ADU may be utilized as a short-term rental. Separate “Accessory Dwelling Units” (non-protected use) are only allowed in specified mixed-use and multi-family districts, and they are also prohibited from STR use.
• What is allowed if you want to provide lodging: A Bed & Breakfast (B&B) is allowed as an owner-occupied one-family dwelling, but only under an Innkeeper’s license from the Select Board and subject to Board of Health requirements (limited to 4 rooms; no more than 3 unrelated people per room; no cooking facilities in guest rooms).
• State-level context: Massachusetts generally permits short-term rentals under M.G.L. c. 64G, but Burlington has opted to prohibit STRs at the local level through its zoning. Even under state rules, municipalities retain authority to regulate or prohibit STRs via zoning. Burlington’s approach is a prohibition.

How to start a short-term rental business in this market

• Business model feasibility: Direct STR operations are not viable in Burlington due to the Town’s prohibition. Instead, consider these paths:
  • Convert to long-term residential leasing: Operate the property as a traditional rental. This requires standard landlord-tenant compliance, and you must verify that the use conforms to zoning (e.g., principal dwelling only; no STRs or transients).
  • Establish a Bed & Breakfast: Only if you will reside on-site. Obtain an Innkeeper’s license from the Select Board and comply with Board of Health regulations (maximum 4 rooms, occupancy limits, no in-room cooking).
  • Develop a Protected Use ADU for long-term residential use: ADUs are permitted as-of-right in RO zoning but cannot be used as STRs. ADUs are intended to expand long-term housing supply (with owner-occupancy of the principal dwelling and ADU on the same lot).
• Pre-application steps:
  • Confirm zoning with the Building Department and Planning Division to ensure any proposed lodging use aligns with allowed uses in the subject district.
  • For a B&B, contact the Select Board’s licensing office for Innkeeper license requirements and procedures.
  • For ADUs, obtain building permits through the Building Department; the Inspector of Buildings is the permit authority for Protected Use ADUs.
• Property and occupancy planning:
  • Ensure adequate parking, safe egress, and compliance with Building Code for any lodging or ADU configuration.
  • Design ADUs and any additions to maintain the single-family appearance of the principal dwelling, with entrances preferably on the side or rear.

Required documents, permits, licenses, and guidelines

• Short-term rentals (STRs)
  • None. STRs are prohibited; the Town will not issue licenses or permits for STR use.
• Bed & Breakfast (B&B)
  • Innkeeper’s license from the Select Board.
  • Compliance with Massachusetts Department of Public Health and the Burlington Board of Health regulations (room limits, occupancy, kitchen policies).
  • Evidence of owner-occupancy of the one-family dwelling.
• Accessory Dwelling Units (ADUs)
  • Building Permit: Issued by the Inspector of Buildings; review occurs concurrently with the Building Permit.
  • Protected Use ADU (RO district):
    • One ADU per lot; only one principal single-family dwelling.
    • ADU must be self-contained (sleeping, cooking, sanitary), with a separate entrance.
    • ADU size limited to no more than 1/2 the gross floor area of the principal dwelling or 900 square feet, whichever is smaller.
    • Entrances on the side or rear preferred; all stairways to upper-story entrances enclosed unless Building Code requires otherwise.
    • Off-street parking required for ADU occupants (except properties within 1/2 mile of a transit station).
    • Both dwellings must be connected to public water and sanitary sewer systems; the principal and ADU must remain on the same lot and cannot be subdivided.
    • No separate sale or condominium conversion.
  • Accessory Dwelling Units in specified multi-family/mixed-use districts:
    • Permitted in certain non-RO districts as indicated in the Use Schedule (see §4.3.1; “Dwelling Units, Accessory” allowed in limited districts).
    • STR use is prohibited; use must be long-term residential.

Specific regulations for short-term rentals (STRs) and related lodging in Burlington

• STR prohibition:
  • Definition: Use of a residential unit for fewer than twenty-eight consecutive calendar days for a fee; STRs include apartments, houses, cottages, condominiums, and other accommodations.
  • Status: Prohibited as principal and accessory use across all zoning districts.
  • Enforcement: The Building Department and zoning enforcement will pursue violations.
• ADU rules:
  • Protected Use ADU in RO district:
    • Permitted as-of-right under M.G.L. c. 40A, s. 3, para. 11 and 760 CMR 71.00 (Protected Use ADU statute and regulations).
    • Explicit prohibition on STR use.
    • Owner-occupancy of the principal dwelling is assumed (the unit must remain on the same lot and cannot be subdivided or separately sold).
    • Siting, design, and parking standards to maintain single-family neighborhood character.
  • “Accessory Dwelling Units” in other districts:
    • Allowed only in specific non-RO districts (as per §4.3.1).
    • STR use prohibited under zoning.
• Bed & Breakfast (B&B):
  • Owner-occupied one-family dwelling.
  • Innkeeper’s license from the Select Board.
  • Board of Health rules: No more than 4 rooms; maximum of 3 unrelated people per room; no separate cooking in guest rooms.
• Multi-unit buildings:
  • The zoning documents reviewed do not authorize STRs in multi-unit buildings. Any claim that a whole unit may be rented short-term without the host present is not supported in Burlington’s zoning. STRs remain prohibited regardless of building type.

Contact information (local authority in charge)

• Building Department (Building Inspector; ADU permits and zoning enforcement)
  • Phone: 781-270-1961
  • Website: www.burlington.org/Departments/Building
• Select Board (Innkeeper licenses for B&Bs)
  • Phone: 781-270-1600
  • Website: www.burlington.org/Departments/Select-Board
• Planning Division (zoning interpretation, ADU policy)
  • Phone: 781-270-1657
  • Website: www.burlington.org/Departments/Planning
• Board of Health (lodging health requirements)
  • Phone: 781-270-1955
  • Website: www.burlington.org/Departments/Health

Links to source pages

• Town of Burlington Zoning Bylaws (as amended through May 2024): www.burlington.org/Archive.aspx?ADID=599
• Protected Use ADU zoning article (Article 9 amendment; STR prohibition within ADU): www.burlington.org/DocumentCenter/View/16669
• News article documenting the Town Meeting STR prohibition (Nov 2021): homenewshere.com/daily_times_chronicle/news/burlington/article_e01adf38-3b5f-11ec-9b49-fb14a7987688.html
• MBCIA guidance note: New ADU regulation 760 CMR 71.00 effective Feb 2, 2025: www.mbcia.org/news/new-adu-regulation-760-cmr-71-00-takes-effect-on-february-2-2025-what-you-need-to-know
• EOHLC (MassHousing) resources on Protected Use ADUs: www.mass.gov/orgs/executive-office-of-housing-and-economic-development

Practical investor implications

• Do not pursue STRs in Burlington; the Town prohibits them.
• If your strategy depends on Burlington STR exposure, re-evaluate markets or adjust to long-term residential uses (including B&Bs if you will occupy the property).
• If you own or plan to acquire a single-family property in the RO district, consider a Protected Use ADU for long-term residential rent only, ensuring full compliance with ADU standards and Building Code.
• For properties in specified mixed-use or multi-family districts, confirm with the Building Department whether an “Accessory Dwelling Unit” is allowed and plan for long-term tenancy rather than STR.

Important notes

• The Town’s bylaw explicitly disallows STRs and prohibits STR use of ADUs. While Massachusetts state law generally regulates STRs under M.G.L. c. 64G, Burlington’s local zoning overrides permissive state rules in this jurisdiction.
• Verify any licensing or building permit details with the Building Department, Select Board, and Board of Health before proceeding.