Thinking about buying or holding land in West Tisbury and wondering if Chapter 61 or 61A is a smart move? You are not alone. On Martha’s Vineyard, property taxes and long timelines can shape every decision. If you want to preserve open space, create a family compound, or hold large acreage for the long term, these Massachusetts programs can reduce carrying costs, but they also come with obligations and municipal procedures you need to understand. In this guide, you will learn what to check before you buy, how enrollment works, and what to plan for when you sell or change use. Let’s dive in.
Chapter 61 basics in West Tisbury
What these programs do
Massachusetts offers three tax classification programs for open-space uses. Chapter 61 supports forest land that is actively managed for timber production. Chapter 61A covers agricultural and horticultural land that is in qualifying farm use. Chapter 61B addresses recreational land kept for recreation. Each program can reduce the assessed value used for local property taxes when you keep land in qualified use.
How classification runs with land
Classification generally attaches to the land itself, not the owner. If you buy an enrolled parcel, the classification usually continues unless you change the use or withdraw. This feature is helpful for long-term owners who want stable carrying costs and open-space stewardship across generations.
Key process points to confirm
Owners commonly file applications with the local Board of Assessors on a regular cycle to maintain status. Before converting land to a non-qualifying use, state law requires notice to the town and sets a statutory response window. Changing use can also trigger a rollback tax that recaptures past savings. In West Tisbury, confirm current filing procedures, notice steps, and timing with the Board of Assessors and relevant town boards.
Buyer due diligence checklist
Treat Chapter 61 or 61A land as both a property and a tax program. A careful review upfront protects your plans and budget.
Verify enrollment and tax history
Ask the seller for the current classification notice and the latest tax bill that reflects program savings. Request several years of tax bills and any back tax statements. For Chapter 61 parcels, collect forest management plans and harvest records. For Chapter 61A parcels, review farm plans and income records that support eligibility. Then call the West Tisbury Board of Assessors to confirm enrollment status, application history, and any pending withdrawal or notice on file.
Review title and recorded restrictions
Order a title search at the Dukes County Registry of Deeds. Look for conservation restrictions, agricultural preservation restrictions, and easements that can limit use or affect development potential. Confirm whether any prior rollback or Chapter 61 notices were recorded. Identify encumbrances such as rights of way, leases, or timber contracts that could affect your plans.
Understand management obligations
For forest land, determine whether a written forest management plan exists and whether any past harvesting followed state practice. For agricultural land, verify that the parcel has met minimum agricultural use and earnings thresholds required by statute. If records are thin, factor in the work needed to re-establish compliance.
Estimate rollback exposure
Ask the assessor for a written estimate of potential rollback tax if the land is withdrawn or the use changes. Request details on how the town calculates rollback and the lookback period it applies. If a prior rollback was assessed, understand why, and whether any portion of the parcel has already been converted.
Clarify municipal rights on sale or conversion
When owners plan to convert or sell land that is enrolled, the town has procedural rights that must be observed. Confirm West Tisbury’s notification form, where to file, who reviews, and the statutory time windows the town uses to decide how to respond. Ask whether the Select Board, Conservation Commission, or another committee participates in the process.
Check zoning and family compound plans
Many Vineyard buyers envision one primary home, guest quarters, or a multi-home family compound. Review West Tisbury zoning, lot coverage, and subdivision rules to see what is possible. Building multiple homes, creating new house lots, or adding driveways can trigger a change of use and rollback taxes. Confirm what your plan would require before you commit.
Confirm lender requirements
Some lenders want clarity on rollback exposure and may ask for removal of the classification prior to closing. Ask prospective lenders whether they accept Chapter 61 or 61A land and whether they require special conditions. Secure early guidance so financing does not stall late in the process.
Bring in the right specialists
Work with a Massachusetts real estate attorney who knows Chapter 61 transactions. For forest land, consult a certified forester to review the plan and harvesting history. For agricultural land, speak with an agricultural advisor who can confirm eligibility and practical operations. Coordinate with the West Tisbury assessor and appropriate state agencies for program guidance.
Should you enroll land
Benefits for long-term holders
Enrollment can materially lower annual property taxes, which helps owners hold large tracts of land for legacy use. It supports open-space goals and can align with estate planning for families who intend to continue qualifying use over time. Lower carrying costs can also make it easier to pair ownership with seasonal rental income or light farm operations if that suits your property and lifestyle.
Tradeoffs and risks
Converting to a non-qualifying use can trigger rollback tax and starts a municipal notice process that adds time and complexity. Some buyers prefer land outside the program, which can narrow your buyer pool or affect price. Active management is expected under Chapter 61 and Chapter 61A. If the land falls short of program standards, the town may deny or withdraw classification.
Owner responsibilities
Expect regular filings with the Board of Assessors and keep complete records of forestry, farm income, or recreational use. Notify the town before any change in use or commercial timber harvest as required by statute and local policy. Good documentation reduces risk during an audit, refinance, or sale.
Resale and exit planning
Cash flow while you hold
The tax savings from enrollment improve cash flow and can help you preserve acreage while you plan. Modest revenue from timber harvests, farm leases, or seasonal farm sales may offset costs if managed properly. Keep in mind that any income activities must align with program rules.
Marketability and buyer expectations
Classification generally transfers with the land, so buyers inherit the tax status and obligations. Buyers who plan development will factor in rollback tax, municipal timelines, and any need to withdraw, which can reduce their offer or shift conversion costs to the seller. Buyers who intend to continue forestry or agricultural use may value the lower carrying costs and may be more comfortable with enrollment.
Rollback tax and timing
Rollback tax recaptures past tax savings when a parcel is withdrawn or converted. The method, years considered, and any penalties depend on statute and local practice. If you anticipate conversion, obtain a written estimate from the assessor and build it into your budget and negotiation strategy. Align notice filings and closing dates so that municipal rights are handled cleanly.
Family transfers and legacy goals
A single owner-occupied residence may be compatible with enrollment in many cases, but confirm how West Tisbury treats it for your parcel. Subdividing into multiple house lots or selling lots separately commonly triggers conversion rules. Gifts and inheritance do not automatically end classification, but future use must still qualify. If multiple family members will co-own, consider operating agreements or entity structures to avoid disputes that could push a conversion.
Practical steps in West Tisbury
Who to contact
- West Tisbury Board of Assessors for enrollment verification, deadlines, and rollback estimates.
- West Tisbury Conservation Commission for guidance on conservation restrictions and local policy.
- West Tisbury Select Board and Planning Department for zoning, subdivision, and process steps.
- Dukes County Registry of Deeds for title records and recorded notices.
- Massachusetts Department of Agricultural Resources for agricultural eligibility guidance.
- Massachusetts Department of Conservation and Recreation and the State Forester for forest management guidance.
- A Massachusetts real estate attorney experienced with Chapter 61 and island land matters.
Quick buyer checklist
- Request from the seller: current enrollment notice, last 3 to 5 years of tax bills, forest or farm plans, and any harvest receipts or farm income records.
- Verify with the Board of Assessors: enrollment status, application dates, any pending notices, and a written rollback estimate.
- Run a full title search: CRs, APRs, easements, rights of way, leases, timber contracts, and any recorded Chapter 61 filings.
- Confirm zoning and subdivision: whether your intended use would be allowed without triggering conversion.
- Speak with lenders: underwriting approach to Chapter 61 or 61A and any conditions for closing.
- Line up specialists: attorney, forester, and agricultural advisor as needed.
Quick seller checklist
- Gather and disclose enrollment documents, management plans, and recent tax bills.
- Decide whether to sell with classification in place or withdraw before closing.
- Obtain a written rollback estimate before you set price or accept an offer.
- Coordinate notice filings with the town in the correct order for your timeline.
- Explore conservation tools such as a conservation restriction with counsel if preserving open space is a priority.
How Anson Realty helps
You want clarity, timing, and a plan. Anson Realty provides owner-led representation to help you evaluate Chapter 61 or 61A parcels, structure offers around rollback exposure and municipal timelines, and coordinate with local offices and your legal team. For long-term holders, we pair market strategy with hands-on advice on staging, light renovations, and seasonal rental positioning to offset carrying costs while you maintain qualifying use.
If you are evaluating land for a family compound or conservation-minded legacy, we will help you align your goals with West Tisbury’s rules, connect you with trusted island specialists, and guide you through listing, purchase, or portfolio planning with discretion and precision.
Ready to explore West Tisbury land with a clear roadmap? Request a private consultation with Anson Realty.
FAQs
What is Chapter 61 or 61A for West Tisbury land
- These Massachusetts programs reduce property tax assessments for land kept in qualifying forestry, agricultural, horticultural, or recreational use, subject to ongoing compliance and municipal procedures.
How does municipal right of first refusal affect a sale
- When an owner plans to convert or sell enrolled land, the town has procedural rights within a statutory window, which can affect timing and require specific notice steps before closing.
What triggers rollback tax on enrolled parcels
- Withdrawing land from the program or changing to a non-qualifying use typically triggers a rollback tax that recaptures past savings based on statutory and local formulas confirmed with the assessor.
Can you build a family home on Chapter 61A land
- A single owner-occupied residence may be compatible in some cases, but multiple homes, lot creation, or expanded residential use can trigger conversion, so confirm your plan with West Tisbury officials and counsel.
How do lenders view financing for Chapter 61 land
- Some lenders accept enrolled land while others want clarity on rollback exposure or may require withdrawal before closing, so ask underwriting questions early.
What records should owners keep to stay compliant
- Maintain forest management plans, harvest notices, farm income records, and copies of annual filings with the Board of Assessors to demonstrate ongoing qualification.
Who should you contact first when evaluating an enrolled parcel
- Start with the West Tisbury Board of Assessors for status and a rollback estimate, then engage a Massachusetts real estate attorney and appropriate forestry or agricultural specialists.
