Nantucket Land Bank & HDC

The Two Regulatory Frameworks Every Buyer Must Understand  ·  Nantucket, Massachusetts

The 2% Land Bank Transfer Fee

The Nantucket Land Bank imposes a mandatory 2% transfer fee on virtually every residential real estate transaction, paid by the buyer at closing. It cannot be negotiated away, financed, or avoided except in limited statutory exemption categories. On a $5M purchase it is $100,000 due at the closing table above all other costs.

Purchase PriceLand Bank Fee (2%)
$2.5M$50,000
$3M$60,000
$5M$100,000
$8M$160,000
$12M$240,000

Limited exemptions exist for certain transfers between spouses and specific estate transfers. Verify any exemption claim explicitly with local counsel before structuring the transaction around it.

What the Land Bank Has Done

Established by Massachusetts statute in 1983, the Land Bank has permanently conserved thousands of acres of open land on Nantucket over four decades. That conservation is a direct contributor to the structural supply constraint that underpins the market's values. Buyers who understand this tend to view the fee as a contribution to the character that makes their purchase valuable, not purely as a tax.

The Historic District Commission

The HDC has jurisdiction over virtually every exterior modification to a structure within the historic district, which covers most of the town of Nantucket. HDC jurisdiction includes: new construction, additions to existing structures, window and door replacements, exterior paint colors, fence and wall construction, demolition, and accessory structure construction. Interior modifications are not subject to HDC review.

HDC review timelines vary by application complexity. Simple modifications can move relatively quickly. Complex applications involving new construction or significant additions can require multiple hearings and add months to a project schedule. Buyers with specific renovation plans must engage an HDC-experienced local architect during due diligence and get a realistic timeline before closing.

Analyst note: Unpermitted exterior work is a real issue in this market. Request the HDC permit history for any visible exterior modifications during due diligence. Undiscovered unpermitted work creates material liability for buyers who miss it before closing.

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