Pop. 20,452 · Barnstable County
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Bourne follows Massachusetts state law (MGL Chapter 48, Section 13) — open-air fires require a permit from the Bourne Fire Chief and may only be set between 10:00 a.m. and 4:00 p.m., must be fully extinguished by 4 p.m., and must be 75 feet from buildings. Accelerants (gasoline, kerosene) are prohibited. Burning leaves, grass, hay, stumps, or construction debris is illegal statewide.
Massachusetts is the only U.S. state with a complete ban on consumer fireworks. Under MGL Chapter 148, Section 39, no person may sell, possess, or use any fireworks in Barnstable County, including sparklers, firecrackers, Roman candles, bottle rockets, and party poppers. Only licensed pyrotechnicians with a State Fire Marshal permit and local fire-chief approval may conduct public displays. Cape Cod National Seashore separately prohibits fireworks on all federal beach lands.
Barnstable County does not regulate accessory dwelling units (ADUs) at the county level. Massachusetts is a home-rule state under Article 89 of the Massachusetts Constitution, and zoning authority belongs to each city or town under MGL c. 40A. As of February 2, 2025, the statewide Affordable Homes Act (Chapter 150 of the Acts of 2024, codified at MGL c. 40A, s.3, paragraph 11) preempts local ADU bans: ADUs up to 900 square feet are allowed by right in single-family zoning districts in every Barnstable County town - Barnstable, Bourne, Brewster, Chatham, Dennis, Eastham, Falmouth, Harwich, Mashpee, Orleans, Provincetown, Sandwich, Truro, Wellfleet, and Yarmouth. Towns may regulate setbacks, height, bulk, short-term-rental use of an ADU, and impose site-plan review, but cannot require owner-occupancy or a discretionary special permit for a protected ADU. The Cape Cod Commission, established under the Cape Cod Commission Act (Chapter 716 of the Acts of 1989), is the regional planning agency for Barnstable County but does not approve individual ADU applications - its Development of Regional Impact (DRI) review is triggered at 30 or more residential units, far above any single ADU.
The Massachusetts State Building Code, adopted under MGL Chapter 143, establishes uniform statewide minimum construction standards for dwellings including tiny homes, with municipalities prohibited from adopting weaker requirements.
Barnstable County (Cape Cod) does not enforce its own pool barrier ordinance; pool fencing across the county's 15 towns (Barnstable, Bourne, Brewster, Chatham, Dennis, Eastham, Falmouth, Harwich, Mashpee, Orleans, Provincetown, Sandwich, Truro, Wellfleet, Yarmouth) is regulated through the Massachusetts State Building Code 780 CMR, which adopts the International Swimming Pool and Spa Code (ISPSC) requiring a 48-inch barrier for residential pools, plus MGL c.140 §206 and 105 CMR 435 for public/semipublic pools requiring a 6-foot fence. Construction permits and inspections are issued by each town's building department; public pools are licensed and inspected by the local board of health.
Massachusetts Department of Public Health regulates public and semi-public pool safety statewide under 105 CMR 435. Standards include lifeguards, water quality, and equipment.
Barnstable County (Cape Cod) does NOT issue short-term rental permits or licenses. Under the Massachusetts Constitution, the Home Rule Amendment (Article 89), and Chapter 337 of the Acts of 2018 (codified at MGL c.64G, c.62C s.67, and c.64G s.14), STR registration and licensing is split between two layers: (1) statewide mandatory operator registration with the Massachusetts Department of Revenue (DOR), required for every operator regardless of rental volume since July 1, 2019; and (2) town-level rental certificates and zoning rules administered by each of Cape Cod's 15 towns (Barnstable, Bourne, Brewster, Chatham, Dennis, Eastham, Falmouth, Harwich, Mashpee, Orleans, Provincetown, Sandwich, Truro, Wellfleet, Yarmouth). Barnstable County's only direct STR-related role is the 2.75% Cape Cod and Islands Water Protection Fund excise (MGL c.64G s.3C), which is collected by DOR on every Cape Cod STR booking and funds wastewater infrastructure regionally. The combined state, county, and local tax in most Cape towns is 14.45%; Provincetown adds a 3% community impact fee on professionally-managed units for a 17.45% total.
Massachusetts law requires short-term rental operators to maintain at least $1,000,000 in liability insurance covering each rental, unless intermediary provides equal coverage.
Massachusetts imposes a statewide 5.7% room occupancy excise on short-term rentals, plus optional local and community impact fees collected uniformly through DOR.
Animal cruelty including hoarding is criminalized statewide under M.G.L. Chapter 272 Section 77. Hoarding triggers welfare investigations and felony charges in severe cases.
Massachusetts state law expressly preempts municipalities from regulating dogs based on breed. Local breed-specific bans are void under state statute.
State law requires dogs be effectively controlled or restrained, with municipalities authorized to enact local leash ordinances. Owners are strictly liable for dog-caused injuries.
Massachusetts prohibits private possession of most exotic and wild animals statewide. MassWildlife regulates permits, and the list of prohibited species is uniform across the Commonwealth.
Massachusetts General Laws Chapter 49 establishes a statewide spite fence statute treating fences over six feet erected maliciously to annoy a neighbor as a private nuisance subject to civil action.
Massachusetts requires all residential swimming pools to comply with statewide barrier requirements under the State Building Code 780 CMR, mandating fences at least four feet high with self-closing self-latching gates.
Massachusetts regulates retaining walls statewide through the State Building Code 780 CMR, requiring permits and engineering for walls retaining more than four feet of unbalanced fill or surcharged loads.
Massachusetts regulates home-based food production under 105 CMR 590.000 and MGL c.94 §305C, requiring residential kitchen permits issued by local boards of health following statewide minimum standards set by DPH.
Massachusetts preempts local zoning of family child care for up to six children under MGL c.28A and c.40A §3, requiring state EEC licensing and treating licensed homes as residential use by right.
MGL Chapter 87 mandates a public hearing and tree warden approval before removing any public shade tree, with specific procedures protecting larger trees and creating statewide minimum standards.
Massachusetts General Laws Chapter 87 establishes statewide rules governing the trimming, pruning, and care of public shade trees, requiring a tree warden's authorization for cutting in public ways.
The Massachusetts Water Management Act and related MassDEP drought regulations authorize statewide outdoor watering limits during declared drought conditions, applying uniformly across communities served by permitted public water suppliers.
Massachusetts applies federal and state occupational noise exposure rules to all construction sites statewide, requiring hearing protection and noise monitoring when worker exposure exceeds 85 dBA over an eight-hour shift.
Massachusetts regulates industrial and commercial noise statewide through the Department of Environmental Protection under the Air Pollution Control regulations, prohibiting noise that creates a condition of air pollution.
Massachusetts General Laws Chapter 90 Section 22D governs removal and disposal of abandoned motor vehicles statewide, setting uniform procedures that apply on public ways and private property regardless of municipality.
Massachusetts adopts statewide EV-readiness requirements under the State Building Code (780 CMR) and Stretch Energy Code, mandating that new construction include EV-ready parking spaces in specified percentages.
Barnstable County (Cape Cod) is a low-lying coastal peninsula with extensive Atlantic, Cape Cod Bay, and Nantucket/Vineyard Sound exposure to V/VE wave-action zones, AE riverine and tidal floodplains, and accelerating sea-level rise. FEMA Flood Insurance Rate Maps (FIRMs) for all 15 Cape Cod towns became effective July 16, 2014. Flood damage prevention is enforced at the town level under the 9th Edition Massachusetts State Building Code 780 CMR (R322 / Appendix G), which incorporates ASCE 24-14 and requires Design Flood Elevation = Base Flood Elevation + 3 feet of freeboard in V Zones and Coastal A Zones. The Massachusetts Wetlands Protection Act (M.G.L. c. 131 sec. 40) and 310 CMR 10.00 add a parallel layer of permitting through each town's Conservation Commission for any work in coastal banks, dunes, barrier beaches, salt marshes, or land subject to coastal storm flowage. The Cape Cod Commission's 2021 Model Coastal Resilience Bylaw and 2024 Model Floodplain Zoning Bylaw push higher standards using Massachusetts Coast Flood Risk Model (MC-FRM) projections for 2050 and 2070.
Massachusetts regulates all tidelands and coastal development statewide under Chapter 91 (MGL c.91) and 310 CMR 9.00, requiring state licenses for structures and fill in tidelands regardless of municipality.
Massachusetts erosion and sedimentation controls are mandated statewide through the Wetlands Protection Act (MGL c.131 §40) and the State Stormwater Standards, requiring uniform best management practices on regulated projects.
Massachusetts grading and site drainage are governed statewide by the State Building Code (780 CMR) and Wetlands Protection Act, setting uniform lot-grading and drainage standards across municipalities.
Massachusetts regulates stormwater discharges under the Wetlands Protection Act (MGL c.131 §40) and 310 CMR 10.00, applying uniform Stormwater Management Standards to projects affecting wetlands and waterways.
Massachusetts sets a statewide minimum wage of $15.00 per hour under MGL Chapter 151, and generally preempts cities from adopting higher local minimum wages.
Massachusetts provides paid family and medical leave through the PFML program under MGL Chapter 175M, plus paid sick time under the Earned Sick Time Law for most employees.
Massachusetts has no statewide predictive scheduling law, leaving most scheduling rules to standard wage and hour law under MGL Chapter 151 with limited reporting-pay protections.
Massachusetts requires a License to Carry under MGL Chapter 140 Section 131 to carry concealed handguns, with applications processed by local police chiefs subject to suitability review.
Massachusetts grants local police chiefs significant licensing authority over firearms while state law sets uniform standards through MGL Chapter 140 for licensing, sales, and possession statewide.
Massachusetts technically permits open carry with a valid License to Carry, but the practice is rare and discouraged, with municipalities and businesses commonly prohibiting visible firearms.
Massachusetts requires a valid License to Carry under MGL Chapter 140 Section 131 to transport loaded handguns in a vehicle, with strict storage rules applying to long guns and unlicensed possession.
MGL Chapter 239 sets uniform statewide summary process eviction procedures for residential tenancies, establishing notice requirements, court process, and tenant defenses applicable in all Massachusetts cities.
Massachusetts General Laws Chapter 40P, the Massachusetts Rent Control Prohibition Act, prohibits any city or town from enacting, maintaining, or enforcing rent control regulations on residential property statewide.
Massachusetts protects agricultural land use through MGL Chapter 40A Section 3, exempting agriculture, horticulture, and floriculture from most local zoning restrictions on parcels of five acres or more.
Massachusetts protects commercial agriculture from nuisance lawsuits under MGL Chapter 111 Section 125A, recognizing farms operating consistent with generally accepted practices as not constituting a nuisance.
Massachusetts has no statewide plastic bag ban or preemption, allowing over 160 cities and towns to enact their own single-use plastic bag prohibitions under home-rule authority.
Massachusetts has not enacted a statewide polystyrene ban, but dozens of cities and towns prohibit foam food containers, and state procurement rules limit foam in agency purchases.
Massachusetts does not regulate plastic straws statewide, but several cities and towns require restaurants to provide straws only on request or use compostable alternatives.
Massachusetts law restricts homeowner associations and condo trusts from unreasonably prohibiting solar installations. M.G.L. Chapter 40A Section 3 protections inform HOA disputes.
M.G.L. Chapter 40A Section 3 protects solar installations from unreasonable local zoning restrictions. State law mandates expedited permitting in many municipalities.
Massachusetts requires purchasers of tobacco and vape products to be at least 21 years of age under MGL Chapter 270 Section 6, predating the 2019 federal Tobacco 21 law.
Massachusetts became the first state to ban all flavored tobacco products including menthol cigarettes and flavored vapes under MGL Chapter 270 Section 6, effective June 2020.
Massachusetts heavily restricts vape retail under MGL Chapter 270 Section 6, banning flavored vape products statewide and limiting nicotine vape sales to licensed adult-only smoking bars.
Massachusetts prohibits disposal of mattresses, box springs, and textiles in trash statewide, requiring residents and haulers to use recycling channels.
Massachusetts bans disposal of recyclable materials including glass, metal, paper, cardboard, and certain organics from landfills and incinerators statewide.
Massachusetts Scenic Roads Act protects trees and stone walls along designated scenic roads, requiring public hearing before any removal or alteration.
Massachusetts protects all trees within public ways as public shade trees, requiring tree warden hearing and posted notice before removal statewide.