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USA Statutes : massachusetts
Title : PART I. ADMINISTRATION OF THE GOVERNMENT
Chapter : TITLE XIV. PUBLIC WAYS AND WORKS
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applications; appeal Section 10C. Notwithstanding any contrary provision of law, the harbormaster of a city or town or whomsoever is so empowered by said city or town may authorize by written permit the stationing of commercial vessels to a public commercial dock, pier, wharf, float, raft or mooring, fixed or otherwise, within the territorial jurisdiction of such city or town upon such terms, conditions and restrictions as he shall deem necessary. He shall act on application for such permits within a period of seven days from his receipt thereof.
Such application may be left at the office of the city or town clerk by the master of such commercial vessel.
If the harbormaster or whomever is so empowered fails to act within such period, such permit shall then be deemed to have been granted. Any refusal to grant such permits within such period shall be in writing by the harbormaster or whomever is so empowered by said city or town and shall include the reasons for such refusal.
Any person aggrieved by the decision of the harbormaster of said city or town or whomever is so empowered by said city or town relative to such stationing may appeal to the division of waterways of the department within thirty days of such decision.
Said division shall review the circumstances resulting in such appeal and shall render a ruling either confirming the decision, setting such decision aside, or amending such decision and imposing conditions and restrictions deemed necessary by said office.
Actions by a harbormaster or said division of waterways under the provisions of this section shall be subject to applicable laws administered by the division of motor boats, the division of marine fisheries, the United States Coast Guard and the United States Corps of Engineers.
Commonwealth tidelands Section 10D. No person shall be denied access during daylight hours to commonwealth tidelands across any land available to the public for swimming or recreation which is owned or controlled by the commonwealth or any of its political subdivisions for the purpose of scuba diving or skin diving which activities are hereby declared to be water dependent uses; provided, however, that if such tidelands are at any time closed to access by the general public, such access by such scuba diver or skin diver shall not be permitted.
harbors, etc. Section 11. The department shall undertake such construction and work for the improvement, development, maintenance and protection of tidal and non-tidal rivers and streams, great ponds, harbors, tide waters, foreshores and shores along a public beach as it deems reasonable and proper, and for this purpose shall have the same powers conferred upon it by section thirty-one. The department, in pursuance of the work authorized, may construct, reconstruct, alter and repair bridges, culverts, conduits, pipes, walls and dams, and may do such other incidental work as may be deemed necessary for the improvement and safety of waterways. In selecting the places to do such work, the department shall consider the general public advantage of the proposed work, the local interest therein as manifested by municipal or other contributions therefor, the importance of the industrial or commercial and other interests to be especially served thereby, and any other material considerations affecting the feasibility, necessity or advantage of the proposed work or the expenditure therefor. No work authorized by this section shall be begun until after a public hearing has been held and a survey and an estimate of the cost has been made.
The department is hereby authorized to enter into agreements with the Soil Conservation Service of the United States Department of Agriculture for the performance of work necessary on resource conservation and development projects approved for the commonwealth. Said agreements shall be limited to those for which the Soil Conservation Service is authorized to share in the installation cost, including flood prevention measures, agricultural water management, erosion and sediment control measures, fish and wildlife measures and recreation development.
In any project undertaken under the authority of this section, the department is authorized to pay the commonwealth’s share of funds to the federal government if the Soil Conservation Service is the contracting agency for the project.
development projects; work agreements with local authorities Section 11A. The department is hereby authorized to enter into agreements with municipalities, local commissions or local authorities for performance of work necessary for resource protection, navigational safety and protection and development projects approved by the department. Said agreements shall be limited to those for which the department is authorized under sections nine A, ten, ten A1/2, eleven, twenty-nine, twenty-nine A, thirty-one, thirty-eight, and thirty-nine of chapter ninety-one. The department may make application to the government of the United States for reimbursement of any amounts expended under any provisions of this section.
and Merrimack rivers Section 12. The department may license and prescribe the terms for the construction or extension of a dam, road, bridge, or other structure, or the filling of land, the driving of piles, or the making of excavations, in, over, or upon the waters below high water mark of the Connecticut river or of that part of the Westfield river, in the towns of West Springfield and Agawam, lying between the confluence of said river with the Connecticut river and the bridge across said river at Suffield street in the said town of Agawam, and in, over and upon the waters of the non-tidal part of the Merrimack river below high water mark; and the provisions of this chapter shall apply to all such licenses. Every erection made, and all work done on or within the banks of the Connecticut river, of said part of the Westfield river or of said part of the Merrimack river, below high water mark, not authorized by the general court or by the department, or made or done in a manner not sanctioned by the department, without a license as hereinbefore provided, shall be considered a public nuisance. The attorney general and the district attorneys within their respective districts shall, at the request of the department, institute proceedings to enjoin or abate any such nuisance. This section and any such license shall not impair the legal rights or remedies of any person.
where expenditures for channel improvement and flood control already made Section 12A. The department may license and prescribe the terms for the construction or extension of a dam, road, bridge or other structure, or the filling of land, the driving of piles, or the making of excavations, in, over or upon the waters below high water mark of any river or stream within the commonwealth with respect to which expenditures from federal, state or municipal funds have been made for stream clearance, channel improvement or any form of flood control or prevention work, and the provisions of this chapter shall apply to all such licenses. Section twenty shall apply to any person authorized by the general court to build structures or do other work in said rivers and streams. Every erection made, and all work done on or within the banks of said rivers and streams, below high water mark, not authorized by the general court or by the department, or made or done in a manner not sanctioned by the department, without a license as hereinbefore provided, shall be considered a public nuisance. The attorney general and the district attorneys within their respective districts shall, at the request of the department, institute proceedings to enjoin or abate any such nuisance. This section and any such license shall not impair the legal rights or remedies of any person.
structures in great ponds Section 13. The department may license any person to construct and maintain booms in or across the Connecticut river, for periods of not more than five years, in such locations and upon such terms as it prescribes, or to build and extend a wharf, pier or shore wall below high water mark in said river, or to build or extend a wharf, pier, dam, wall, road, bridge or other structure, or to drive piles, fill land or excavate in or over the waters of any great pond below natural high water mark, or at or upon any outlet thereof, upon such terms as the department prescribes; but such license shall not validate acts beyond the line of riparian ownership or affecting the level of the waters in such pond, unless approved by the governor and council.
conduits or cables under tide water; private or commonwealth tidelands Section 14. The department may license and prescribe the terms for the construction or extension of a wharf, pier, dam, sea wall, road, bridge or other structure, or for the filling of land or flats, or the driving of piles in or over tide water below high water mark, but not, except as to a structure authorized by law, beyond any established harbor line, nor, unless with the approval of the governor and council, beyond the line of riparian ownership. A license shall not be granted for the construction of a bridge across a river, cove or inlet, except in a location above a bridge, dam or similar structure authorized by law over such tide water, in which no draw actually exists or is required by law, and not then, if objection is made by the aldermen or selectmen of the town where the bridge is to be built.
The said department may license and prescribe the terms for the construction or extension of a pipe line, conduit or cable under tide water beyond any established harbor line; provided, that such pipe line or conduit is entirely imbedded in the soil and does not in any part occupy, or project into such tide water, and provided also that said department may at any time require any pipe line, conduit or cable to be moved or relocated if channel changes or alterations demand the same.
Except as provided in section eighteen, no structures or fill may be licensed on private tidelands or commonwealth tidelands unless such structures or fill are necessary to accommodate a water dependent use; provided that for commonwealth tidelands said structures or fill shall also serve a proper public purpose and that said purpose shall provide a greater public benefit than public detriment to the rights of the public in said lands.
license; exception; mortgageable interest Section 15. Every authority or license granted since eighteen hundred and sixty-eight or hereafter granted by the commonwealth to any person to build a structure or do other work in, over and under the Connecticut River or the nontidal part of the Merrimack River or in, over or under the waters of any great pond or at any outlet thereof below high water mark, or upon ground over which the tide ebbs and flows, or to fill up or to enclose the same, whether such ground is above or below low water mark, or within or beyond one hundred rods from high water mark, or whether private property or property of the commonwealth, shall be subject to the following conditions, whether expressed in the act, resolve or license granting the same or not. Said authority or license shall be revocable at the discretion of the general court, or by the department for noncompliance with the terms and conditions set forth therein. The license shall expire as to all work authorized or licensed not completed within five years from the date of such authorization or license or such other period of time specified therein; provided, however, that for good cause shown the department may extend, without public hearing or notice, the construction period of the authorization or license for one or more one-year periods. Revocation by the general court of licenses issued after January first, nineteen hundred and eighty-four shall be treated as a taking of real property requiring payment of just compensation in accordance with the provisions of chapter seventy-nine for valuable structures, fillings, enclosures, uses or other improvements built, made or continued in compliance with said authorization or license. Except as provided herein, the grant of a license pursuant to this chapter shall not convey a property right, nor authorize any injury to property or invasion of rights of others. A license issued pursuant to this chapter is hereby made a mortgageable interest lawful for investment by any banking association, trust company, savings bank, cooperative bank, investment company, insurance company, executor, trustee, or other fiduciary, and any other person who is now or may hereafter be authorized to invest in any mortgage or other obligation of a similar nature.
for non-use Section 16. Every authority or license granted since eighteen hundred and sixty-eight by the general court or by the department or its predecessors to any person to build or extend a wharf or other structure upon, or to drive piles in, or to fill or otherwise occupy, land in tide or navigable water, within Boston harbor, or within the port of Boston as defined by the provisions of section two of chapter ninety-one A, which is revocable at the discretion of the general court, and every other similar right or privilege within Boston harbor or within the port of Boston as defined by the provisions of section two of chapter ninety-one A which is so revocable, whether or not compensation has been paid under any provision of law or otherwise, shall hereafter cease and determine, or be subject to forfeiture, in case of non-use of the same for an unreasonable time without reasonable cause, and it shall be prima facie evidence that the same is held unused in restraint of trade when the tendency of such non-use is to prevent competition in its broad and general sense, unless such person has, prior to July twenty-eighth, nineteen hundred and twelve, made reasonable and substantial use of structures, or has reasonably and substantially occupied land in tide or navigable waters, for the purposes for which the authority or license was granted; and thereupon, every such authority or license and every similar right and privilege shall cease and determine on repayment, or tender of repayment, by the commonwealth or compensation therefor to the amount which shall have been paid to the commonwealth in accordance with the terms of such authority or license; and the department and the attorney general shall cause a proper certificate of the revocation of such authority or license to be recorded forthwith in the registry of deeds for the county where such structure was built or work done.
Section 17. No license or other authority to build structures upon or to fill up or enclose any ground mentioned in the two preceding sections shall be construed to interfere with or impair the right of any person affected thereby to equal proportional privileges of approaching low water mark or one hundred rods from high water mark, or harbor lines established by law, or to impair the right to obtain a license or authority so to approach of persons having interests in lands or flats which may be affected thereby, or to impair the legal rights of any person. All things done under such license or authority shall be subject to the approval of the department. If the general court establishes a harbor line within the outer line covered by such license or authority, the same shall be limited by and not extend beyond such harbor line. This section, so far as may be, shall apply to licenses granted under section fifteen to erect structures on great ponds.
Section 18. Upon or prior to applying for a license pursuant to this section, the applicant shall submit to the planning board of the city or town where the work is to be performed, except in case of a proposed bridge, dam or similar structure across a river, cove, or inlet, the application containing the proposed use, the location, dimensions and limits and mode of work to be performed.
Said planning board may conduct a public hearing within thirty days of receipt of license application. Within fifteen days of conducting said public hearing or within forty-five days of receipt of license application, the planning board shall submit a written recommendation to the department. Said recommendation shall state whether said planning board believes the development would serve a proper public purpose and would not be detrimental of the public’s rights in these tidal lands. The department shall take into consideration the recommendation of the local planning board in making its decision whether to grant a license.
Every license granted under this chapter shall be signed by the department, shall state the conditions on which it is granted, including, but not limited to the specific use to which the licensed structure or fill is restricted, and shall specify by metes, bounds and otherwise the location, dimensions, and limits and mode of performing the work authorized thereby. Any changes in use or structural alteration of a licensed structure or fill, whether said structure or fill first was licensed prior to or after the effective date of this section, shall require the issuance by the department of a new license in accordance with the provisions and procedures established in this chapter. Any unauthorized substantial change in use or unauthorized substantial structural alteration shall render the license void. Licenses granted by the department pursuant to this chapter shall be revocable by the department for noncompliance with the conditions set forth therein. The department shall not revoke any license until it has given written notice of the alleged noncompliance to the licensee and those persons who have filed a written request for such notice with the department and afforded them a reasonable opportunity to correct said noncompliance. The department may promulgate regulations for implementation for its authority under this chapter.
The department shall submit any regulations promulgated under the provisions of this chapter to the joint legislative committee on natural resources and agriculture, to the senate committee on ways and means and to the house committee on ways and means, for their review within sixty days prior to the effective date of said regulations.
Forty-five days before any license is granted pursuant to this chapter, the department shall give notice to the selectmen of the town or the mayor of the city and the conservation commission of the town or city where the work is to be performed that they may be heard, except in the case of a proposed bridge, dam or similar structure across a river, cove or inlet, the department shall give notice to the selectmen or mayor, and conservation commission of every municipality into which the tidewater of said river, cove or inlet extends, and the department shall cause said notice to be published at the same time in a newspaper or newspapers having a circulation in the area affected by said license at the expense of the applicant.
A public hearing shall be held in the affected city or town on any license application for nonwater dependent uses of tidelands. No structures or fill for nonwater dependent uses of tidelands may be licensed unless a written determination by the department is made following a public hearing that said structures or fill shall serve a proper public purpose and that said purpose shall provide a greater public benefit than public detriment to the rights of the public in said lands and that the determination is consistent with the policies of the Massachusetts coastal zone management program. For those license applications where a public hearing is not mandated, a public hearing may be held, upon the request of the municipality or at the discretion of the department in the affected city or town.
Any person aggrieved by a decision by the department to grant a license pursuant to this chapter shall have the right to an adjudicatory hearing in accordance with chapter thirty A.
The department shall keep a record of each license and a plan of the work or structure. Said license shall be void unless, within sixty days after its date, it and the accompanying plan are recorded in the registry of deeds for the county or district where the work is to be performed. Work or change in use authorized under the license shall not commence until said license is recorded and the department has received notification of said recordation.
No license shall be granted for private tidelands unless the application therefor contains a certification by the clerk of the affected cities or towns that the work to be performed or changed in use is not in violation of local zoning ordinances and by-laws.
Each license granted shall contain a statement of the tidewater displacement assessments made with respect thereto and that payment has been received therefor, or that performance of other conditions in lieu of such payment has been completed to the satisfaction of the department and a statement of the assessment for occupation of commonwealth tidelands if, any, made with respect thereto for which payment has been received or shall be required in accordance with regulations of the department.
Section 18A. Upon petition of ten citizens of the commonwealth that in their opinion public necessity requires a right of way for public access to any great pond within the commonwealth, the department and the attorney general or a representative designated by him sitting jointly shall hold a public hearing and receive such evidence thereon as may be presented to them. The joint board may make such additional investigation as it deems desirable and if it appears to said board that such a right of way exists it shall present a petition to the land court for registration of the easement. If it appears that no right of way exists it shall submit a report, together with recommendations thereon, to the general court on or before January first of the following year. This section shall not apply to any body of water used as a source of water supply by the commonwealth or by any town or district, or water company, nor shall it affect the right of the commonwealth or any town or district or water company to the use and control of the waters of any such pond for the purposes of a water supply, nor shall it affect or diminish any existing right to the use of the water of any such pond for mercantile or manufacturing purposes.
Section 19. Except as authorized by the general court and as provided in this chapter, no structure shall be built or extended, or piles driven or land filled, or other obstruction or encroachment made, in, over or upon the waters of any great pond below the natural high water mark; nor shall any erection or excavation be made at any outlet thereof whereby the water may be raised or lowered.
Section 19A. No person authorized or licensed to build any structure, drive piles, fill land or to make any dam or other obstruction or encroachment in, over or upon the waters of any great pond below the natural high water mark, or to make any erection or excavation at any outlet of a great pond whereby the water may be raised or lowered, shall, except in case of emergency, lower the water of said pond, except a body of water used for agricultural, manufacturing, mercantile, irrigation, or insect control purposes, or for flowing cranberry bogs, or for public water supply, unless he shall have notified the department of environmental protection of his intention so to do and has received the approval of said department to lower the waters of said pond. Whoever violates the provisions of this section shall be punished by a fine of not less than one hundred nor more than five hundred dollars.
commonwealth lands Section 2. The department shall, except as otherwise provided, have charge of the lands, rights in lands, flats, shores and rights in tide waters belonging to the commonwealth, and shall, as far as practicable, ascertain the location, extent and description of such lands; investigate the title of the commonwealth thereto; ascertain what parts thereof have been granted by the commonwealth; the conditions, if any, on which such grants were made, and whether said conditions have been complied with; what portions have been encroached or trespassed on, and the rights and remedies of the commonwealth relative thereto; prevent further encroachments and trespasses; ascertain what portions of such lands may be leased, sold or improved with benefit to the commonwealth and without injury to navigation or to the rights of riparian owners; and may lease the same. It may sell and convey, or lease, any of the islands owned by the commonwealth in the great ponds. It may make contracts for the improvement, filling, sale, use or other disposition of the lands at and near South Boston known as the Commonwealth flats, may lease any portion thereof with or without improvements thereon, may regulate the taking of material from the harbor and fix the lines thereon for filling said lands. All conveyances and contracts, and all leases for more than five years, made under this section shall be subject to the approval of the governor and council.
In carrying out its duties under the provisions of this chapter, the department shall act to preserve and protect the rights in tidelands of the inhabitants of the commonwealth by ensuring that the tidelands are utilized only for water-dependent uses or otherwise serve a proper public purpose.
The department of environmental protection shall protect the interests of the commonwealth in areas described herein in issuing any license or permit authorized pursuant to this chapter. The activities of the department of environmental management pursuant to this chapter shall be subject to the licensing and permitting authority of the department of environmental protection.
legislative grants Section 20. Whoever is authorized by the general court to build over tide waters a bridge, wharf, pier or dam, to fill flats or drive piles below high water mark, or to build any structures in the Connecticut river, or in the non-tidal part of the Merrimack river, or to build or extend any structure or to do any other work mentioned in the preceding section in, over or upon the waters of any great pond, shall not commence such work until he has given written notice thereof to the department and submitted plans of any proposed structure, the flats to be filled, and the manner in which the work is to be performed, and the same has been approved in writing by the department, which may alter such plans and prescribe any direction, limits and manner of doing the work consistent with the legislative grant. Such works shall be supervised by the department.
Section 21. The amount of tidewater displaced by any structure below high water mark, or any filling of flats, shall be ascertained by the department, which shall require the person, his heirs or assignees who are responsible for such displacement to make compensation therefor by excavating, under its direction, between high and low water mark in some part of the same harbor a basin for a quantity of water equal to that displaced; or by paying to the commonwealth, in lieu of such excavation, an amount assessed by the department, or by improving the harbor in any other manner satisfactory to the department. The department shall by regulation determine a schedule of rates of assessment to be charged pursuant to this section per cubic yard of water displaced. In determining said rate of assessment the department may consider the following factors: the costs incurred by the department in the licensing of tidelands; the costs typically associated with excavation or improvement of harbors or basins as permitted in lieu of payment of an assessment under this section; and the level of assessments historically charged in the commonwealth or in other states with respect to the displacement of tidewater. An assessment for the tidewater which has been displaced may be recovered in contract in the name of the state treasurer.
Section 22. If authority or a license is granted by the general court or by the department to a person to build a wharf or other structure upon, or to fill or otherwise occupy, land in tide water, or to build or extend any structure or drive piles, fill land or make any obstruction, encroachment or excavation in, over or upon the waters of any great pond, he shall pay to the commonwealth such compensation for the rights granted in any land the title to which is in the commonwealth as shall be determined pursuant to regulations of the department. The department shall by regulation provide for a method for determination of such compensation which may in the department’s discretion be based on either a schedule of rates per square yard of commonwealth tidelands occupied or on an appraisal of the fair market value of the rights granted by the commonwealth, and which may in the department’s discretion be assessed either as a lump sum payable in full prior to issuance of the license or as a series of annual payments which shall be required as a condition of the license. This section shall not apply to authority granted to a county, city or town for the construction, widening or maintenance of a bridge constituting a part of a highway.
nuisances Section 23. Every erection made and all work done within tide water, or within the waters of a great pond or outlet thereof, or on or within the banks of the Connecticut river, or the Merrimack river, below high water mark, not authorized by the general court or by the department, or made or done in a manner not sanctioned by the department, if a license is required as hereinbefore provided, shall be considered a public nuisance. Whoever creates such nuisance, (a) shall be punished by a fine of not more than twenty-five thousand dollars for each day such nuisance occurs or continues, or by imprisonment for not more than one year, or both such fine and imprisonment; or (b), shall be subject to a civil penalty of not more than twenty-five thousand dollars for each day such nuisance occurs or continues. The attorney general or the district attorneys within their respective districts shall, at the request of the department, institute proceedings to enjoin or abate such nuisance, or to restrain the removal of material from any bar or breakwater of any harbor.
Section 24. Except as is provided in section six, all moneys received in payment for tide water displaced and for rights and privileges granted in tide water land of the commonwealth and in the commonwealth’s land in great ponds, under licenses and permits granted under this chapter for structures and other work, shall be paid into the General Fund.
Section 25. The department shall have general supervision of so much of the province lands at Provincetown as lies north and west of a line beginning at a point at or near the shore of Provincetown harbor, in latitude north forty-two degrees, two minutes, and longitude west seventy degrees, eleven minutes, forty-five seconds; thence northwesterly to a point in latitude north forty-two degrees, three minutes, eight seconds, and longitude west seventy degrees, twelve minutes, forty-eight seconds; thence northeasterly to a point in latitude north forty-two degrees, three minutes, twenty-eight seconds, and longitude west seventy degrees, eleven minutes, thirty-three seconds; thence due north to a point in latitude north forty-two degrees, three minutes, forty-eight seconds; thence due east to a point in the eastern boundary of the province lands.
certain provisions of law Section 26. Section two of this chapter, chapter two hundred and sixty-one of the acts of eighteen hundred and fifty-four, chapter one hundred and forty-four of the acts of eighteen hundred and eighty-six, so much of section one of chapter eleven of the province laws of seventeen hundred and twenty-seven as is contained in the following words “saving always the right and title of this province to the said lands which is to be in no wise prejudiced”, and all other acts or parts of acts which refer to the province lands at Provincetown, except the act incorporating said town, shall not apply to that portion of said province lands lying east and south of the line fixed in the preceding section.
Section 27. The department shall fix and mark the bounds of the province lands within its jurisdiction and establish regulations for the care thereof.
The department may make rules and regulations relative to hunting on or other uses of the province lands; provided, that such rules and regulations shall be consistent with all laws in relation to the protection of birds and mammals. No such regulation shall prohibit hunting within said lands except the hunting of deer. Whoever violates any provision of any such rule or regulation shall be punished by a fine of not more than twenty-five dollars. The aforesaid rules and regulations may be enforced by any state police officer, by any town police officer or by any constable, sheriff or deputy sheriff empowered to serve criminal process.
Section 28. This chapter shall not legalize any structure, filling or other occupation or encroachment, made or done without authority, upon the waters in or the land under any great pond prior to May ninth, eighteen hundred and eighty-eight, or in or upon the Connecticut river, below high water mark, prior to April thirtieth, eighteen hundred and ninety-one, or as waiving or impairing any rights or remedies of the commonwealth or of any person relative thereto.
counties or towns; assumption of liability for improvements Section 29. A county or town may appropriate money for the improvement of tidal and non-tidal rivers and streams, harbors, tide waters, foreshores and shores along a public beach within its jurisdiction, and the money so appropriated shall be paid to the state treasurer and be expended by the department for said purposes within the limits of such town; and the town may also assume liability for all damages to property suffered by any person by any taking of land, or of any right, interest or easement therein, within the town made by said department for the purposes hereinbefore authorized.
construction of structures by cities or towns Section 29A. Any city or town which accepts the provisions of this section may appropriate money for the construction of structures for the protection of private property along shores within its boundaries. Money so appropriated shall be paid to the state treasurer and expended by the department for such purposes within the limits of such city or town; provided, however, that such city or town assumes liability for all damages to property by reason of any taking of land, or of any right, interest or easement therein, within the city or town by the department for such purpose.
in Plymouth by Pilgrim tercentenary commission Section 2A. The department, having charge under section two of the lands, pier, structures and other property in the town of Plymouth belonging to the commonwealth which were acquired, built or improved by the Pilgrim tercentenary commission under chapter one hundred and eighty-seven of the Special Acts of nineteen hundred and nineteen, may repair, alter and maintain said pier and other structures, and if it deems it advisable remove said pier, or may equip, operate and administer the same for the benefit of the commonwealth, and may from time to time make such rules and regulations, and may charge such reasonable rates for the use of said pier and equipment, as shall be approved by the governor and council. All receipts hereunder shall be paid into the state treasury. The town of Plymouth shall have police jurisdiction over said lands, pier and other property. Subject to appropriation and with the approval of the governor and council, the department may arrange with said town or with any appropriate memorial or historical society for the care, maintenance and use of said lands, pier and other property or any part or parts thereof, and said town is hereby authorized to appropriate money to pay the costs and expenses of such care and maintenance. With the approval of the governor and council, the department may sell and convey or lease said pier.
Section 3. The department shall have all the rights, powers and duties transferred to the directors of the port of Boston under section four of chapter seven hundred and forty-eight of the acts of nineteen hundred and eleven in respect to lands, rights in lands, flats, shores, waters and rights belonging to the commonwealth in tide waters and land under water in Boston harbor, or which adjoin the same or are connected therewith, and shall have the same powers and duties relative thereto as it has with respect to the commonwealth flats under section two. It may, in accordance with such plans as it adopts, excavate and dredge in Boston harbor wherever public convenience and necessity require. It shall at all times have access to any maps, charts, plans and documents in the custody of any public board, commission or officer relating to waters and lands in charge of the department, shall have immediate charge of lands owned or acquired by the commonwealth upon or adjacent to the Boston harbor front, and shall have charge of the construction of piers and other public works in said harbor, shall administer all terminal facilities under control of the department and shall secure and keep full information as to the present and probable future requirements of steamships and shipping and the best means which can be provided at the port of Boston for the accommodation of steamships, railroads, warehouses and industrial establishments.
beaches; notice; penalty Section 30. If it appears to the department that the digging or removal of stones, gravel, sand or other material, upon or from any beach, shore, bluff, headland, island or bar, in or bordering on tide waters, or the destruction of any trees, shrubs, grass or other vegetation growing thereon, is, or is likely to prove, injurious to any harbor or other navigable tide waters, the department may, by written notice, prohibit such digging or removal, or the doing of any acts injurious to such trees or other vegetation, upon or from any such beach or other place aforesaid specified in such notice. Whoever, after receiving such notice, wilfully does any act or thing prohibited therein, and which is authorized to be so prohibited by this section, or, being the owner or having the control of any land specified in such notice, wilfully suffers or permits such act or thing to be done thereon, shall be punished by a fine of not less than twenty nor more than two hundred dollars.
by sea; jurisdiction of superior court; penalty Section 30A. Whoever removes stones, gravel, sand or other material from any natural barrier on land bordering on the sea, which barrier furnishes protection to such land and adjacent upland against erosion by the sea shall be punished by a fine of not more than five hundred dollars.
The superior court shall have jurisdiction in equity to enforce the provisions of this section. A petition for such enforcement may be filed by the attorney general, the selectmen of the town or the mayor of a city in which such barrier is located, or any person who may suffer damage in his property by such removal.
harbors Section 31. The department may make surveys and improvements for the preservation of harbors and may repair damages occasioned by storms or other destructive agencies along the coast line or river banks of the commonwealth, and may take by eminent domain under chapter seventy-nine, or acquire by purchase or otherwise, in the name and behalf of the commonwealth, any land or materials necessary for making such improvements or repairs. No contract made under the authority of this section shall be valid until approved in writing by the governor and council.
Section 32. The department shall, as funds are appropriated therefor, cause that portion of the Connecticut river lying within the commonwealth to be surveyed and plotted, and a copy of such survey within the limits of Hampden, Hampshire and Franklin counties, respectively, to be prepared, attested by them and deposited in the registry of deeds for the county to which it relates, as a public record.
commonwealth; sale of maps Section 33. The department may make such surveys and do such other work as may be required by any order of the land court, to reestablish and permanently mark certain triangulation points and stations previously established in connection with the topographical survey of the commonwealth, and the town boundary survey, which have been lost or destroyed, and to obtain the geographical position of such new points and stations as may be required from time to time by the court. The department may sell at such prices and on such conditions as it may prescribe maps prepared by it from time to time in connection with its functions under this chapter in respect to waterways and public lands.
Section 34. The department of environmental protection may, after hearing the parties interested, prescribe lines in any harbor of the commonwealth and make report thereof to the general court, not later than the next session, for its action, thereon. If such lines are established by the general court as the harbor lines of said harbor, no wharf, pier or other structure shall thereafter be extended into said harbor beyond such lines, except as provided by section fourteen. Notice of the hearing shall be published three weeks successively in a newspaper published in Boston and in one or more published in the county or counties where such harbor lies, the first publication to be at least thirty days before the hearing.
Section 35. The provisions of this chapter relative to great ponds shall apply only to ponds containing in their natural state more than ten acres of land, and shall be subject to any rights in such ponds which have been granted by the commonwealth.
harbors Section 36. The department may apply to congress for appropriations for the protection and improvement of any harbor in the commonwealth.
commonwealth Section 37. If the commonwealth has the right under stipulations in a deed given in its name to enter upon premises and, at the expense of the party at fault, to remove or alter a building, any of its grantees under similar deeds, their heirs, legal representatives or assigns may institute proceedings in equity to compel the department to enforce such stipulations.
or waters Section 38. The department shall take charge of any wrecked vessel or other shipwrecked property, on any of the shores or waters of the commonwealth, except the Charles river basin, and not in the custody of the owner or his agent or of any other person lawfully authorized to take possession of it, if the value thereof is one hundred dollars or more, and may take charge of any such vessel or property if it is of less than said value. The department may make rules and regulations necessary for taking charge of such vessel, or property, for restoring it to its owners upon payment of the expense incurred by the commonwealth in the taking and care thereof, or for otherwise disposing of such property.
Section 39. If a wrecked, sunken or abandoned vessel, or any unlawful or unauthorized structure or thing, is deposited or suffered to remain in the tide waters of the commonwealth, except the Charles river basin, and if the department deems it is, or is liable to cause or become, an obstruction to the safe and convenient navigation or other lawful use of such waters, the department shall remove it or cause it to be removed.
railroads, etc. Section 4. The department shall undertake such work for the improvement, development, maintenance and protection of Boston harbor as it deems reasonable and proper. It may, with the approval of the governor and council, grade and suitably surface any railroad locations or traffic ways which are or may be located on lands, flats or rights therein, owned or acquired by the commonwealth in Boston harbor, and may carry said ways or railroads over or under any railroad or railway location or public way in order to eliminate crossings at grade, and may provide suitable and convenient track connections between the rails serving any pier or piers and those of any existing or proposed railroad that now reaches or hereafter may reach Boston. All piers controlled by the department shall be accessible and open to all teaming and lighterage traffic, subject to such regulations as the department may from time to time make. Upon application to the department, any railroad company that now reaches or hereafter may reach Boston, either by its own rails or under trackage or traffic contract or agreement with any other railroad company, shall be provided by the department with a track connection with the tracks serving such pier or piers.
Section 40. If any person in the United States is known to the department as the owner of such vessel or of any interest therein, or as having or exercising any control over it as master, agent, insurer or otherwise, or as having alone or with others built, deposited or caused any other unlawful obstruction, or as owning, maintaining or using the same in whole or in part, the department shall give him written notice to remove such vessel or other obstruction within a time therein specified. Such notice shall be deemed a sufficient notice to all such owners and other persons if served on one or more of them by the department, or by its order, by delivering the same in hand, by leaving it at the usual place of business or abode or duly mailing it to the post office address of the owner or other person upon whom it is to be served.
Section 41. If such vessel or other obstruction is not removed within the time specified in such notice, and in a manner and to a place satisfactory to the department, or if no such owner or other person upon whom notice can be served is known to the department, it may remove such vessel or other obstruction, or complete the removal thereof, or cause the removal to be made in such manner and to such place as it deems best; and the necessary cost and expenses of such removal, if not paid by some owner or other person liable therefor, shall, when certified by the department and approved by the governor and council, be paid by the commonwealth.
Section 42. Whoever owns a vessel or an interest in a vessel wilfully or maliciously wrecked, sunk or abandoned as aforesaid and removed as provided in the preceding section, either when such vessel became an obstruction or at any time before such removal is completed, and whoever has or exercises any control over such vessel or any part thereof, and the persons originally building, depositing or causing any other obstruction so removed, or owning, maintaining or using the same in whole or in part at the time of such removal or at any time prior thereto, shall be liable for the cost and expenses of such removal, or to repay the same when paid by the commonwealth; and such costs and expenses may be recovered in an action of contract brought by the department in the name of the commonwealth against such owners or other persons, or any of them. The attorney general and the district attorneys within their respective districts shall commence and conduct such actions. All money so repaid or recovered shall be paid to the commonwealth. Whoever, on a judgment or otherwise, pays more than his proportion of the costs and expenses aforesaid, shall have a claim for contribution against other parties liable therefor according to their respective interests.
Section 43. If the cost and expenses of removing a vessel or other obstruction as aforesaid are not paid or repaid by some owner or other person liable therefor within ten days after such removal has been completed, the department may sell such vessel or other obstruction, or the materials and appurtenances thereof, at public or private sale, and the net proceeds of such sale shall be paid to the commonwealth and deducted from the amount to be repaid or recovered as provided for in the preceding section.
Section 44. An insurer of a vessel who has paid the loss thereon shall not, by reason of such insurance, be held liable to remove such vessel, or to pay the cost and expenses of such removal, unless he has exercised some act of ownership or control over such vessel or some part or appurtenance thereof or received the proceeds of the sale thereof.
reimbursement Section 45. The department shall make application to the government of the United States for reimbursement of any amounts expended under any provision of the seven preceding sections, which, in the opinion of the department, might properly be paid by the United States.
structures Section 46. The owners of any vessel, scow, lighter or similar floating structure lying within the limits of any harbor of the commonwealth shall not, without first obtaining a license therefor from the department, cause or permit the same to be broken up or altered to such an extent that it will not keep afloat with ordinary care, nor shall they ground any such craft within any such harbor or permit other persons so to do, or to remove any part thereof.
Section 46A. Whoever, without first obtaining the license required by section forty-six, causes or permits the work of breaking up or altering of any vessel, scow, lighter or other structure, as described in said section, shall be subject to a penalty of not less than five dollars nor more than five hundred dollars to the use of the commonwealth to be recovered by an information in equity brought by the attorney general in the superior court.
bond Section 47. Upon the application of the owner of any vessel, scow, lighter or similar floating structure, the department may issue a license authorizing him to break up such vessel or other floating structure upon the following conditions: first, that the written consent of the owner of the premises where the work is to be done shall first be obtained and filed with the department; second, that all the material composing the vessel or other structure shall be removed wholly from tide water, to the satisfaction of the department; third, that the work shall be completed within a certain fixed time, which may be extended by the department; fourth, if the work is not completed at the time fixed in the license or as so extended, the department may cause the work to be completed at the expense of the licensee; and fifth, such other conditions as the department deems proper in any case. Before receiving the license, the licensee shall file a bond with the department in a sum fixed by it, with satisfactory sureties, in which the commonwealth is obligee, conditioned to perform the provisions of the license and to pay to the commonwealth such sums as it may expend in connection with the work licensed.
completion of work by department Section 48. Whenever a licensee under either of the two preceding sections fails to comply with the terms of his license, the department may proceed to complete the work and remove from tide water all materials composing the vessel or other structure, and the cost thereof shall, in the first instance, be paid from the appropriation made therefor. If not repaid to the commonwealth by the licensee, upon demand, it may be recovered by the state treasurer in contract, brought by him in behalf of the commonwealth in the superior court against the licensee or the sureties on his bond.
penalty; sinking by accident Section 49. Whoever grounds or abandons any vessel, scow, lighter or other floating structure within the limits of any harbor of the commonwealth or upon any property other than his own, along the shores of the commonwealth without the permission of the owner of said property, or permits other persons to do so, or whoever being the owner of, in whole or in part, or agent or other person exercising any control over, such vessel, scow, lighter or structure which has, or has been, so grounded or abandoned, fails to remove the same within such time as shall be designated in a written notice by the division of waterways of the department of environmental management, shall be punished by a fine of not more than ten thousand dollars. This section shall not apply in any case, where, by reason of accident, emergency, errors of navigation, or in order to prevent loss of life or the sinking of a vessel, scow, lighter or other structure, such vessel, scow, lighter or structure is or has been grounded within the limits of any harbor or on any of the shores of the commonwealth. The provisions of this section shall be enforced by the department of state police and by all other officers authorized to make an arrest. If, in any prosecution under this section, the defendant alleges that such structure was grounded or abandoned on property with the permission of the owner of said property, the burden of proving said permission shall be upon the defendant.
tidewaters Section 49A. If a whale or other mammal is deposited or remains in the tidewaters or on the shores of the commonwealth, the department shall, if it determines that said whale or other mammal is or may be injurious to the public health, remove or cause to be removed therefrom such whale or other mammal.
piers; notice; revocation of license; liability for cost; lien Section 49B. The department shall remove or cause to be removed any wharf or pier located in the tide waters or tide lands of the commonwealth, which in the opinion of the department is dilapidated, unsafe, a menace to navigation or is a source of floating debris that is, or is liable to become, a menace to navigation.
If the owner of record of such wharf or pier is known to the department, the department shall give such owner written notice to remove such wharf or pier within a reasonable time therein specified. Such notice shall be deemed sufficient if delivered to the owner in hand, if left at his usual place of business or abode or if sent by certified mail to his last known post office address.
If such wharf or pier is not removed in a manner satisfactory to the department within the time specified in such notice, the department may revoke forthwith any license or authority applicable to such wharf or pier issued or granted under the provisions of sections fourteen through eighteen, inclusive. If such wharf or pier is not removed in a manner satisfactory to the department within the time specified in such notice, or if the department has been unable to make sufficient service of such notice, the department shall remove, complete that removal or cause to be removed such wharf or pier. The owner of such wharf or pier shall be liable to the commonwealth for the costs and expenses for such removals, and the sum so received shall be credited to the Harbors and Inland Waters Maintenance Fund established by section ten B. If the owner fails to reimburse the commonwealth within thirty days of such removal, the department, in the name of the commonwealth, may take a lien on any real property held by the owner of said wharf or pier. The commonwealth shall place on record in the proper registry of deeds or registry district of the land court, as the case may be, an instrument in writing and under seal executed in common form and acknowledged in the same manner as deeds for real property creating a lien upon such real estate for the amount of the costs and expenses of such removal. The instrument shall be recorded or registered without fee. Such lien shall be enforceable by a petition or bill in equity filed by the attorney general in the superior court or in the probate court for the county wherein the real estate is situated. The subpoena shall be returnable not more than thirty days subsequent to the entry of the bill and shall contain a brief description of the property, sufficient to identify it, and a statement of the amount alleged to be due. Upon reimbursement for the amount due under the terms of such lien, the attorney general shall execute and deliver a satisfaction thereof, and, upon its being recorded or registered, the lien shall be dissolved as of the date of such recordation or registration.
The department may make application to the government of the United States for reimbursement of any amounts expended under any provision of this section.
Section 5. With the consent of the governor and council, the department may take by eminent domain under chapter seventy-nine or acquire by purchase or otherwise, and hold, such real property and such rights and easements therein as the department may from time to time consider necessary for the purpose of constructing, or securing the constructing or utilizing of, piers and, in connection therewith, highways, waterways, railroad connections, storage yards and sites for warehouses and industrial establishments, and may lay out and build thereon, and upon such other lands within its jurisdiction under section three, such piers, with buildings and appurtenances, docks, highways, waterways, railroad connections, storage yards and public warehouses as the department deems desirable; provided, that if general plans bearing the signed approval of the department, given after due notice and a hearing, describing the property and showing the location and character of any proposed docks, piers, wharves, warehouses, factories, power plants, and industrial terminals, of adequate and proper design and general suitability for the purposes for which they are to be used, shall be filed with the department, together with a notice signed by the owners or lessees or by others having legal rights in the premises stating that they propose to construct upon the property described the improvements shown by said plans and claiming exemption from the taking by eminent domain as herein authorized of any of such property, including the lands upon which said improvements are to be constructed, then said land and said improvements shall not be taken by the department by right of eminent domain without authorization of the general court granted within forty years after the date of filing of said plans, if substantial construction in general accordance with such plans is actually begun in good faith within one year after the date of approval by the department of the plans, and if said improvements are finished substantially in accordance therewith within five years after the beginning of construction of said improvements unless the department shall extend the time within which said improvements shall be completed; and provided, that after completion, said improvements during said period of forty years are kept in suitable repair and are used for the purposes to which said approval applied, and provided, that if general plans bearing the signed approval of the department, given after due notice and a hearing, and describing the property, and the location and character of any existing docks, piers, wharves, warehouses, factories, power plants, and industrial terminals, and certifying that they are of proper design and adequate and suitable for the purposes for which they are to be used, and that they are in proper condition and in thorough repair, shall be filed with the department, together with a notice signed by the owners or lessees, or others having legal rights in the premises and claiming exemption from the taking by eminent domain as authorized by this section of any such property, including the lands upon which said improvements have been constructed, then said land and said improvements shall not be taken by the department by the right of eminent domain without authorization of the general court granted within forty years after the date of the approval by the department, if during that time such property is kept in suitable repair and is used for the purposes to which said approval applied; and provided, that none of the exemptions from the right of eminent domain herein provided for shall apply to the taking by the department of any property necessary for providing suitable and convenient track connections between the rails serving any piers that may be built, or acquired or improved under sections four and five or may have been built or acquired or improved under corresponding provisions of earlier laws, and the rails of any existing or proposed railroad that reaches or may reach Boston.
wrecking or salvaging; license; bond; penalty Section 50. No foreign corporation shall engage in the business of wrecking or salvaging in the navigable waters of the commonwealth without first obtaining a license therefor from and filing a bond with the department. The license, effective for one year from the date of its issue, shall be granted upon payment of a fee, to be determined annually by the commissioner of administration under the provision of section three B of chapter seven. The bond shall run to the state treasurer in a sum and with security satisfactory to the department, and shall be conditioned upon payment by the licensee of such amounts as shall lawfully be due to any person for damage to person or property caused by any act of the corporation, its agents or servants, in the commonwealth. Whoever violates this section shall be punished by a fine of not less than fifty nor more than three hundred dollars.
federal government Section 51. The preceding section shall not impair any right or authority derived from, or exercised under, any law of the United States, or any right, license or privilege lawfully granted by any department thereof.
dredged material in tidewaters; payment of cost; burning and towing of rubbish Section 52. The department shall supervise the transportation and dumping of all material dredged in the tide waters of the commonwealth, or of any other material which may be placed in scows or boats to be transported and dumped in tide water, and may employ necessary inspectors therefor, who shall accompany the material while in transit, either upon the scows containing the material or upon the boat towing them, upon which they shall be provided with proper and suitable quarters and board by the owner of the boat. The cost of such supervision and also of the supervision under licenses and permits authorizing such transportation or dumping granted by the department, shall in the first instance be paid from such appropriation as may be available, if the material is taken outside of Boston harbor, and from the Port of Boston Fund if taken in said harbor, and shall be repaid to the commonwealth monthly by the owners of the dredges or other machines doing the excavating when the material is dredged in tidewater and credited respectively to the General Fund or to said Port of Boston Fund, and, in the case of other material, by the owners of the scows in which it is transported, the monthly amount due from each owner to be determined and certified to the state treasurer by the department.
This section shall apply also to the burning of rubbish and other material upon any of the waters within the jurisdiction of the department. Reasonable rules and regulations to control towing and burning rubbish or other debris within harbor lines and upon adjacent waters may be adopted by the department, in accordance with chapter thirty A.
Section 53. Every license or permit issued to any person to dredge in the tide waters of the commonwealth shall contain a provision that the transportation and dumping of the dredged material shall be done under the supervision of the department as provided in the preceding section, and that the licensee shall be held liable to pay the cost of said supervision whenever the owner of the dredge or excavating machine fails to pay for the same within ten days after written notification from the state treasurer that the same is due.
Section 54. Every contractor or other person shall, at least three days before commencing any piece of dredging in tide water, give written notice to the department of the location and amount of the proposed work, and the time at which it is expected work will begin and, except with the written assent of the department, no dredged or other material which it is proposed to dump in tide water, shall be transported or dumped within the tide waters of the commonwealth, unless there is present on board the scows containing the material, or on the boat towing the same, an inspector employed for that purpose by the department; and no such material shall, in any event, be dumped within the limits of any channel which has been deepened by dredging, nor in any other part of the tide waters of the commonwealth, unless the same is duly authorized. The state treasurer may recover in contract from such contractor or person the cost of supervision determined as provided in the two preceding sections.
Section 55. Whoever violates any provision of sections fifty-two, fifty-three and fifty-four or of any license or permit granted under said sections, (a) shall be punished by a fine of not more than twenty-five thousand dollars for each day that such violation occurs or continues, or by imprisonment for not more than one year, or both such fine and imprisonment; or (b), shall be subject to a civil penalty not to exceed twenty-five thousand dollars per day for each day such violation occurs or continues.
government and its agents Section 56. The four preceding sections shall not apply to the dredging, transporting and dumping of material by the United States, its officers or other duly authorized agents.
Section 57. The supreme judicial court shall have jurisdiction in equity, upon information filed by the attorney general, of violations of this chapter.
Section 58. Any officer qualified to serve criminal process may, within his jurisdiction, arrest without a warrant any person found in the act of committing a misdemeanor in or upon any of the rivers, harbors, bays or sounds within the commonwealth.
matter into or on lakes, rivers or tidal waters; penalty; exception; enforcement Section 59. Whoever pumps, discharges or deposits, or causes to be pumped, discharged or deposited, into or on the waters of any lake or river or into or on tidal waters and flats, any crude petroleum or any of its products or any other oils or any bilge water or water from any receptacle containing any of the said substances, or any other matter or refuse, in such manner and to such extent as to be a pollution or contamination of said waters or flats or a nuisance or be injurious to the public health, shall be punished by a fine of not more than $25,000 for each day such violation occurs or continues; but this section shall not be construed to prohibit the use of oil for the extermination of mosquitoes or other insects. The provisions of this section shall be enforced by the department of state police and by all other officers authorized to make arrests.
petroleum or products; double damages Section 59A. Whoever, by himself or his agent, so negligently pumps, discharges or deposits any crude petroleum or any of its products or any other oils or any bilge water or water from any receptacle containing any of the said substances into or on the waters of any lake or river or into or on tidal waters or flats in such manner as to cause damage to the property of another shall be liable in tort to the person whose property is so damaged in double the amount of the damages sustained by him. The use of oil for the extermination of mosquitoes or other insects on the waters of any lake or river or on tidal waters or flats declared to be a breeding place of mosquitoes or other insects, by a town, city or mosquito control project acting under chapter two hundred and fifty-two or any special law, shall not be deemed to be a violation of the provisions of this section, provided such use of oil conforms to the rules and regulations promulgated by the pesticide board.
pollution control; restrictions; term; renewal; fees Section 59B. No marina shall be operated without a license issued by the division of water pollution control. Said division shall not issue any such license unless such marina provides (1) adequate facilities for the collection, treatment and disposal of sewage or other sanitary waste, as said division may specify, including facilities for the purging out and cleaning of holding tanks, the contents of which shall be then disposed of in such manner as not to be discharged into or near any waters of the commonwealth, unless such discharge is to a municipal sewerage system or to an adequate sewage treatment or disposal facility approved by the division of water pollution control; (2) adequate and conveniently located dockside toilet facilities for the use of the occupants of watercraft; and (3) adequate and conveniently located trash receptacles or similar devices designed for the disposal of litter and refuse.
Any license issued under this section shall be for a term of one year and may be renewed annually. The fee for such annual license and for a renewal of such license shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven.
Section 6. The department may lease for a period not exceeding twenty years, under such covenants and conditions as it prescribes, storage facilities, wharves, piers, bulkheads, docks, sheds, warehouses, foreshores and industrial locations in Boston harbor within its charge. It may lease sites for warehouses and industrial locations for a longer period, but every lease of such sites for a period exceeding twenty years shall provide for a readjustment of the rental at intervals of not more than twenty years. No lease for a term exceeding five years shall be valid until approved by the governor and council. The income from all wharfage and storage rates, use of cranes, lighterage, dockage and other charges, and from the leases of lands, storage structures, wharves, piers, docks, sheds, warehouses and industrial sites, all moneys received by the commonwealth under section twenty-one for tide water displacements in Boston harbor, and all moneys hereafter received which on May twenty-eighth, nineteen hundred and twelve, were required to be paid into the Commonwealth’s Flats Improvement Fund, shall be collected by the department and paid to the commonwealth, to the credit of the Port of Boston Fund. Said fund may be invested by the state treasurer at his discretion from time to time as provided for the investment of the commonwealth’s funds; and all income from such investments shall be added to the fund. The department may expend the Port of Boston Fund to operate, maintain, repair and preserve the property in Boston harbor in the control of the department, and such sums as the legislature may appropriate annually for salaries, office expenses, and general engineering expenses in connection with the work of the department in Boston harbor shall be paid so far as possible from said fund; any balance remaining from said fund after the aforementioned expenses have been paid shall be applied to the payment of interest and to the annual payments on account of principal of any securities which may have been or may be issued to raise money to be expended by the department for the development of the port of Boston.
archaeological resources; permits; restrictions; disposition of resources; enforcement; violations; penalties; jurisdiction and venue Section 63. No person, organization or corporation may remove, displace, damage or destroy underwater archaeological resources as defined in section one hundred and eighty of chapter six, except in conformity with the provisions of this section. Any qualified person, organization or corporation desiring to conduct any type of exploration, recovery or salvage operations in the course of which any underwater archaeological resources, with the exception of those specifically exempted from permit requirements, may be removed, displaced or destroyed shall first make application to the director for a permit to conduct such operations. If the director, with the approval of the board, shall find that the operations desired involve underwater archaeological resources and said operations are in the public interest, he shall, within thirty days from the receipt of application, grant the initial applicant a permit which allows said applicant the sole right to remove or salvage said resources for a period of one year. Said permits shall include without limitation the location, nature of activity, reporting requirements and time period covered and shall provide for the termination of the rights of the permittee upon violation of any of the terms of the permit. Until such time as a permit for any given site is granted, all records regarding the permit application for said site shall be confidential unless released by the applicant.
A uniform fee for such permits shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven. Said permits shall be renewable by the director upon approval of the board; provided, however, that operations on the location have been conducted during the period of the original permit.
The permittee may, with the approval of the board, subcontract his permit rights to another qualified person, organization or corporation, subject to the provisions of this section and the terms of the original permit.
All exploration, recovery and salvage operations undertaken pursuant to said permit shall be carried out under the general supervision of the board in accordance with its rules and regulations so that the maximum amount of historical, scientific, archaeological and educational information may be recovered, reported and preserved. If the director deems necessary, he may require that a permittee shall work under the direction of a qualified expert designated by the board. Permittees shall be responsible for obtaining permission of any federal agencies having jurisdiction prior to conducting any operations.
Permittees may retain seventy-five per cent of the value of said underwater archaeological resources. The remainder of such value shall be paid to the commonwealth; provided, however, that the commonwealth and private museums within the commonwealth shall have the first option to purchase within six months said resources at fair market value. Final disposition of said resources and the proceeds from the sale thereof shall be made within one year from the date of salvage unless extended by mutual agreement between the board and the permittee with the approval of the commissioner of administration and finance. Until final disposition the commonwealth and the permittee shall act in such a way as to preserve and protect all salvaged underwater archaeological resources except when recovered from a designated underwater archaeological preserve.
Upon the request of an applicant or permittee, the board may require a public hearing, if said board deems such a hearing in the public interest, on the granting or renewal of a permit, the subcontracting of permit rights, or the disposition of resources recovered under a permit.
The director shall invite information regarding underwater archaeological resources of substantial historical value and the location thereof, and shall cause to be printed a list of these resources which shall be designated as underwater archaeological preserves. Access to underwater archaeological preserves for recreational, historical, and scientific purposes shall be guaranteed. The director shall not grant a permit to recover underwater archaeological resources from within an underwater archaeological preserve except for historical or scientific purposes, and provided further, that all materials collected through such activities shall remain the permanent property of the commonwealth. The board may make arrangements for the disposition or display of any such materials recovered from within an underwater archaeological preserve in appropriate institutions located within the commonwealth. A public hearing may be requested regarding the designation of any underwater archaeological resource as a preserve. Persons may petition the director to designate certain resources as a preserve.
The director shall invite information regarding previously discovered or salvaged underwater archaeological resources and the location thereof, and shall cause to be printed a list of previously discovered and commonly known underwater archaeological resources and locations thereof which shall be exempt from the preceding permit requirements. A public hearing may be requested regarding the placement of any individual resource on said list. Persons may petition the director to add certain resources to said list.
Law enforcement agencies and officers of the commonwealth and its subdivisions shall enforce the laws, rules and regulations pertaining to underwater archaeological resources and shall protect the permittee from the removal or salvage of said resources by unauthorized parties. If such protection is extended at the request of the permittee for a period in excess of two months, the permittee shall pay reasonable costs of such protection.
Any person violating a provision of this section shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars, imprisonment for six months, or both, and shall forfeit any underwater archaeological resources he has obtained thereby. In addition his permit, if any, shall be subject to revocation or suspension. Violations committed within the coastal waters of the commonwealth may be prosecuted in any district which has venue over the coastal waters. The superior court sitting in equity shall have jurisdiction to restrain continuing violations of section sixty-five and shall have jurisdiction to compel the restoration to the commonwealth of any underwater archaeological resources taken in violation of the provisions of this section.
regulations Section 7. All piers and other similar structures in Boston harbor built by the department or its predecessors shall be equipped, either by the department or by the lessees thereof, with fireproof sheds, railway tracks, cranes and other machinery and accommodations for the convenient, economical and speedy loading and discharge of freight; and the department may acquire, hold and operate such lighters and other vessels as it deems convenient and needed therefor. The department shall make such reasonable rules and regulations and charge such reasonable rates for the use of such structures and equipment as it may from time to time deem wise.
Section 8. The department shall take all proper measures to obtain from Boston, without expense to the commonwealth, a conveyance of all the present right, title and interest of said city in and to Apple Island, and the flats appurtenant thereto, and in and to any other flats and rights of said city on the easterly side of East Boston, which the department deems are required for the development contemplated by section four, and said Boston may make such conveyance, and in furtherance of the development of the port make conveyance to the department or others, but only for maritime or commercial improvement, of any shore lands owned by it elsewhere, acquired either by purchase or taking.
Section 9. The department shall make, and, so far as practicable, put into execution, comprehensive plans providing, on the lands now owned or hereafter acquired by the commonwealth in Boston harbor, adequate piers, capable of accommodating the largest vessels, and in connection with such piers suitable highways, waterways, railroad connections and storage yards, and sites for warehouses and industrial establishments.
waterfront terminal facilities; written contracts Section 9A. The department may adopt a program of construction or reconstruction of piers and other waterfront terminal facilities at any port of the commonwealth after holding hearings, public or private, due notice whereof shall have been given, at which hearings all persons interested may be heard and, if such program relates to the port of Boston, after consulting with and securing the advice and judgment, by report or otherwise, of the Boston Port Authority. After the adoption of any such program, the department is hereby empowered to lay out and construct or reconstruct any particular facilities aforesaid included in such program, to acquire as hereinafter provided any facilities proposed to be reconstructed which are not then owned by the commonwealth, and to execute a contract for the use of any facilities to be constructed or reconstructed hereunder; provided, that no action obligating the commonwealth to any expenditure under this section shall be taken until the department, in the name and on behalf of the commonwealth, shall have executed a written contract, approved by the governor and council, with some responsible party, for the use of the particular facilities proposed to be constructed or reconstructed hereunder, for a term not exceeding forty years and containing provisions for the payment of rental as hereinafter provided, nor unless sufficient funds shall have been made available for such project under a loan authorized by the general court. Prior to executing such a contract for the use of facilities proposed to be constructed or reconstructed at the port of Boston, the department shall consult with and secure the advice and judgment, by report or otherwise, of the Boston Port Authority relative to the advisability and feasibility of entering into such contract, with special reference to the effect such action may have on the commerce or progress of the port. Every such contract shall provide that the lessee of the facilities shall pay a rental determined by the department to be sufficient to pay all interest charges as they accrue on account of moneys borrowed by the commonwealth and used in the construction or reconstruction of such facilities and for the acquisition of property in connection therewith, and to pay the principal amounts of the money so borrowed and used as they become due and, in addition, to defray so much of the expenses of the department as may in its opinion be properly allocable to the construction or reconstruction of such facilities and the acquisition of property in connection therewith.
Subject to this section, the department, in the name and on behalf of the commonwealth, may take by eminent domain under chapter seventy-nine of the General Laws, or acquire by purchase, lease or otherwise, such property and such rights and easements therein as the department may from time to time consider necessary for the construction or reconstruction of any particular facilities included in a program adopted under this section; and the foregoing shall authorize the commonwealth to acquire in the manner hereinbefore provided any particular pier or other waterfront terminal facility included in any such program, for the purpose of reconstructing the same.
Chapter 92: Section 1. Repealed, 1984, 372, Sec. 30 Chapter 92: Section 10 to 26A. Repealed, 1984, 372, Sec. 30 Chapter 92: Section 100, 101. Repealed, 2003, 26, Sec. 289 Chapter 92: Section 102. Repealed, 1984, 372, Sec. 30 Chapter 92: Section 103 to 120. Repealed, 2003, 26, Sec. 289 Chapter 92: Section 1A. Director of urban parks and recreation; residency requirement Section 1A. The division of urban parks and recreation shall be under the administrative supervision of a director, who shall be called the director of urban parks and recreation.
Chapter 92: Section 2 to 9. Repealed, 1984, 372, Sec. 30 Chapter 92: Section 26B. Repealed, 1962, 723, Sec. 8 Chapter 92: Section 26C to 32. Repealed, 1984, 372, Sec. 30 Chapter 92: Section 33. Division of urban parks and recreation; reservations; recreational areas water supplies. Section 33. The division of urban parks and recreation, hereinafter referred to as the division, may maintain and make available to the inhabitants of Arlington, Belmont, Boston, Braintree, Brookline, Cambridge, Canton, Chelsea, Dedham, Dover, Everett, Hingham, Hull, Lynn, Malden, Medford, Melrose, Milton, Nahant, Needham, Newton, Quincy, Revere, Saugus, Somerville, Stoneham, Swampscott, Wakefield, Waltham, Watertown, Wellesley, Weston, Westwood, Weymouth, Winchester and Winthrop, which shall constitute the urban parks district, open spaces for exercise and recreation, in this chapter called reservations and, for the purposes set forth in this section, the powers of the division shall extend to, and be exercised in, said district.
The division may preserve, beautify and care for such public reservations, and also, in its discretion and upon such terms as it may approve, such other open spaces within said districts as may be intrusted, given or devised to the commonwealth for the general purposes of this section or for any one or more of such purposes as the donor may designate.
The division may, for the purpose of making the rivers and ponds within said district more available as open spaces for recreation and exercise, regulate the use of certain spaces along or near said rivers and ponds, and care for and maintain spaces so regulated, and plant, care for, maintain or remove trees, shrubs and growth of any kind within said regulated spaces.
The commissioner of conservation and recreation, hereinafter referred to as the commissioner, may enter into and issue agreements, licenses and permits for recreational and other uses which he deems compatible and consistent with this section and Article XCVII of the amendments to the Constitution, provided, however, that such agreements, licenses and permits shall be for periods not exceeding 5 years.
This section shall not limit existing rights of any town in relation to water supply purposes or in any way obstruct its taking advantage of such rights.
Chapter 92: Section 34. Division of urban parks trust fund. Section 34. The state treasurer may, with the approval of the governor and council, receive and hold in trust for the commonwealth, exempt from taxation, any grant or devise of lands or rights in land, and any gift or bequest of money or other personal property, made for the purposes of the preceding section, and shall preserve and invest the proceeds thereof in notes or bonds secured by good and sufficient mortgage or other securities. Said trust property shall be known as the Division of Urban Parks Trust Fund and shall be used and expended under the direction of the division and subject to its orders. Subject to the terms of any such grant, gift, devise or bequest, the division may expend such funds, whether principal or income.
Chapter 92: Section 34A. MetroZoos zoological trust Section 34A. The director of urban parks and recreation, hereinafter referred to as the director, may receive and hold in trust for the commonwealth, exempt from taxation, any instrument of value, including but not limited to, any gift or bequest of money or other personal property, and any grant or devise of lands or rights in land for the purpose of fostering and advancing the MetroZoos zoological parks of the commonwealth and shall administer the same in such a manner as to carry out the terms of such bequests or gifts, grants, or devises. All money and securities received hereunder shall be transferred to the state treasurer, who shall preserve and invest the proceeds thereof, in notes or bonds secured by good and sufficient mortgage or other securities. Said trust property shall be known as the MetroZoos Zoological Trust, and shall be used and expended under the direction of the director after notification to the division. Subject to the terms of any such grant, gift, devise, or bequest, the division of urban parks and recreation may expend such funds, whether principal or income.
Chapter 92: Section 34B. Park ranger program; promulgation and notice of rules and regulations; authority of rangers Section 34B. (a) The metropolitan district commission is hereby authorized to establish a park ranger program within the department to preserve, maintain and protect the parks, reservation, historic sites and open space and to ensure the environmental integrity of properties under the care, custody and control of the commission.
(b) To further the objectives of the park ranger program, the department shall be concerned with the use by the public for exercise, education and recreation of the reservations; and, notwithstanding any general or special law or administrative bulletin to the contrary, the commission shall adopt rules and regulations to define the authority of the park rangers in performing their duties and responsibilities to preserve and protect the reservations as defined above. Rules and regulations so promulgated shall include but not be limited to defining the programs, program objectives, mission, working rules and responsibilities of the park rangers.
(c) The commission shall cause such rules and regulations to be posted in the reservations to which they apply and shall also cause the same to be published at least once in a newspaper published in the county where said reservations are in whole or in part situated, and such posting and publication shall be sufficient notice to all persons. The sworn certificate of any member of the commission or of its secretary of such posting and publishing shall be prima facie evidence thereof.
(d) The park rangers are hereby authorized to issue citations under duly promulgated rules and regulations to any person violating any regulation concerning the parking of motor vehicles, littering, defacing commission property and disturbing flora and fauna. Whoever violates any rule or regulation made hereunder shall be punished by a fine not exceeding two hundred dollars.
Chapter 92: Section 34C. Blue Hills Reservation Trust Fund Section 34C. Notwithstanding any general or special law or administrative bulletin to the contrary and pursuant to section 34, there is hereby established and set up on the books of the commonwealth a separate fund, to be known as the Blue Hills Reservation Trust Fund, which shall be used for the purposes of advancing recreational, educational and conservation interests, including, but not limited to, the construction and maintenance of facilities and infrastructure improvements for the area within the reservation. The trust shall receive, hold and expend all fees generated by permits, licenses and all other agreements not currently being directed to the General Fund relating to the use of the reservation land as authorized by the commission. The department shall not make expenditures from this fund so as to cause the fund to be deficient.
Chapter 92: Section 35. Acquisition and maintenance of roadways or boulevards Section 35. The commission may connect any way, park or other public open space with any part of the towns of the urban parks district by suitable roadways or boulevards, in this chapter called boulevards, and for this purpose exercise any of the rights and powers granted the commission in respect to reservations, and may construct and maintain along, across, upon or over lands acquired for such boulevards or for reservations, a suitable roadway or boulevard. The commission shall have the same rights and powers over and in regard to said boulevards as are or may be vested in it in regard to reservations and shall also have such rights and powers in regard to the same as, in general, counties, cities and towns have over public ways under their control.
Notwithstanding section 20 of chapter 21A, the division and department shall preserve and protect the scenic and historic integrity of its roadways and boulevards. Neither the department nor the division shall enter into an interagency or other agreement concerning the roadways and boulevards with a state or public agency or entity to transfer any lands, roadways or boulevards, bridges, facilities, personnel, equipment or material under its care, custody and control without the express prior approval of the legislature.
Chapter 92: Section 35A. Removal of parked vehicles Section 35A. The division may authorize the removal to some convenient place, through the agency of a person in the employ of the division, or by an independent contractor selected on the basis of competitive bids, any vehicle, except a vehicle owned by the commonwealth or a political subdivision thereof or by the United States or an instrumentality thereof or registered by a member of a foreign diplomatic corps or by a foreign consular officer who is not a citizen of the United States and bearing a distinctive number plate or otherwise conspicuously marked as so owned or registered, parked or standing on any part of a parkway, boulevard or roadway in such a manner as to impede in any way the removal or plowing of snow or ice, or parked or standing in violation of any rule or regulation adopted under section 37 which prohibits the parking or standing of all vehicles on such parkway, boulevard or roadway or portion thereof at such time and which recites that whoever violates such regulation shall be liable to charge for the removal and storage of the vehicle as well as subject to punishment by fine. Liability may be imposed for the reasonable cost of such removal, and for the storage charges, if any, resulting therefrom, upon the owner of such vehicle.
Chapter 92: Section 36. Liability for defects in boulevards; notice Section 36. The commonwealth shall be liable for injuries sustained by persons while traveling on any boulevard maintained by the division under authority of the preceding section, if the same are caused by defects within the limits of the constructed traveled roadway, in the manner and subject to the limitations, conditions and restrictions specified in sections fifteen, eighteen and nineteen of chapter eighty-four, except that the commonwealth shall not be liable for injury sustained because of the want of a railing in or upon any boulevard, or for injury sustained upon the sidewalk of a boulevard or during the construction, reconstruction or repair of such boulevard. All sums recovered against said division under the foregoing provisions, together with any costs of suit and counsel fees, expenses and interest, shall be deemed expenses of care and maintenance of boulevards.
Chapter 92: Section 37. Rules and regulations for government and use of reservations or boulevards; penalty Section 37. Except as provided in section 38, the commissioner, in consultation with the director, may make rules and regulations for the government and use of the reservations, roads, driveways, parkways, boulevards or bridges under the division’s care and to govern the public use of the Charles river, the Neponset river and the Mystic river, within the urban park district, and of the ponds and other waters along which it holds abutting lands for reservations in said district; provided, that no rule or regulation shall affect the water rights of any person, whether a mill owner or otherwise. No such rule or regulation shall prohibit the use of passenger or station wagon type motor vehicles whose gross weight is less than 5000 pounds and which are registered for commercial use, on ways, parkways or boulevards where non-commercial passenger-type motor vehicles are permitted to operate.
A police officer employed by a city or town in whose boundaries, reservations, roads, driveways, parkways, boulevards or bridges are located shall have all the same powers they have as a police officer of the city or town to enforce the laws of the commonwealth and the rules and regulations of the department on any bikeway, pathway, park, reservation or other land under the care of the division.
The division shall cause such rules and regulations to be posted in the reservation, road, driveway, parkway, boulevard or bridge to which they apply, and shall also cause the same to be published at least once in a newspaper published in the county where said reservation, road, driveway, parkway, boulevard or bridge is in whole or in part situated, and such posting and publication shall be sufficient notice to all persons. The sworn certificate of the director of such posting and publishing shall be prima facie evidence thereof.
Whoever violates any rule or regulation made hereunder shall be punished by fine not exceeding $200.
Chapter 92: Section 38. Rules and regulations for Charles river basin; publication; proof of rules Section 38. The department may make reasonable rules and regulations, not impairing freight traffic, for the care, maintenance, protection and policing of the Charles river basin as defined in section two of chapter five hundred and twenty-four of the acts of nineteen hundred and nine and amendments thereof, breaches of which rules and regulations shall be breaches of the peace punishable by fine not exceeding fifty dollars for each offence. The division shall cause such rules and regulations to be published once in a newspaper published in Boston, and such publication shall be sufficient notice to all persons. The sworn certificate of the director of such publication shall be prima facie evidence thereof. A copy of any such rule or regulation, or of a rule or regulation made under the preceding section, attested by the commissioner, shall be prima facie evidence that said rule or regulation was made by the division.
Chapter 92: Section 39, 40. Repealed, 2003, 26, Sec. 258 Chapter 92: Section 41. Maintenance of accommodations for boating and bathing Section 41. The commission may provide and maintain upon reservations and boulevards under its care, suitable accommodations for bathing and boating, and for the use of the same may establish rules and regulations and make reasonable charges. A disabled veteran or a handicapped person whose vehicle bears the distinctive type number plate authorized by section two of chapter ninety shall not be required to pay the charges established under the provisions of this section.
Chapter 92: Section 42. Locations for common sewers and drains across reservations or boulevards Section 42. The commission may grant to towns locations for common sewers and drains in and across reservations or boulevards under its care and control. Whenever a drain or sewer is laid in locations so granted, the board of town officers respectively authorized to levy and collect assessments for the laying of drains and sewers in such town shall have the same power to levy and collect assessments for drains and sewers laid in said reservations or boulevards as is given to them by law in the case of drains and sewers laid in the public ways of such town; provided, that no such assessment shall be levied upon any lands belonging to the commonwealth.
Chapter 92: Section 43. Locations for street railways, electric railroads and public utilities within boulevards and reservations; hearing Section 43. The commission in consultation with the department of telecommunications and energy may grant locations to street railways or electric railroads within the boulevards and reservations in its care and control, and may also grant upon, under, along or across such boulevards and reservations such locations as shall be found by order of the commission after public hearing to be required by public convenience and necessity for poles, wires, cables or pipes for the transmission of electricity for light, heat, or power or for the distribution of gas or for the transmission of intelligence by electricity. No grant of a location to a gas or electric company under the provisions of this and the following section shall affect the rights of parties under sections eighty-six, eighty-seven and eighty-eight of chapter one hundred and sixty-four in cases involving locations in public ways of a town other than locations upon, under, along or across such boulevards or reservations, but such rights shall be determined without reference to the provisions of this and the four following sections or to the grant of any location thereunder.
Chapter 92: Section 44. Notice of hearing on petition for location; rules and regulations Section 44. Subject to the provisions of section forty-three, the commission, upon petition of a duly authorized official or representative of a street railway, electric railroad, gas or electric company for such location, shall give notice to all parties interested of the time and place at which the commission will give a hearing upon such petition, at least fourteen days before the hearing, by publication in one or more newspapers published in each town where the location petitioned for would lie, and if none such is published, then by publication in one or more newspapers published in each county where the location petitioned for would lie; and after hearing, if in the opinion of the commission public convenience and necessity so require, it may grant such location, or any part thereof, upon such terms, conditions and obligations, and for such compensation, as the public interest and a due regard for the rights of the commonwealth may require. Any such location shall be void unless written acceptance by a duly authorized official or representative of the company is filed with the commission within sixty days after such company receives notice of the granting of the same. No order of the department of telecommunications and energy or of the commission shall be required for, but the commission may make rules and regulations governing, the renewing, repairing or replacing of poles, wires, cables or pipes for the transmission of electricity for light, heat or power or for the distribution of gas, once erected or constructed in accordance with law, or the making of house connections or connections between duly located pipes, conduits and distributing poles.
Chapter 92: Section 45. Alteration, extension or revocation of locations Section 45. The commission may by order alter, extend or revoke any such location whenever in its opinion the public interest or the rights of the commonwealth so require; provided, that before so doing notice and hearing shall be given to the company and all persons interested, as provided in the preceding section; and provided, further, that any such company or any persons interested in any such order may appeal therefrom to the governor, within fourteen days after the filing of a copy of such order, as provided in the following section.
Chapter 92: Section 46. Record of order; fee Section 46. The commission, within fourteen days after making any order granting a location, or an extension, alteration or revocation of a location, referred to in sections forty-three and forty-four, shall deposit a copy of such order in the office of the clerk of the city or town where the location is granted, altered, extended or revoked, and the clerk of that city or town shall receive and record the same upon the payment by the company to which said location is granted of the fee provided by clause (36) of section thirty-four of chapter two hundred and sixty-two.
Chapter 92: Section 47. Powers and duties of companies operating under Secs. 43 to 46 Section 47. All companies operating under the four preceding sections shall remain subject to the duties and liabilities imposed by other provisions of law consistent with said sections, and shall have the powers, duties and rights therein authorized, all of which shall be in addition to and in amendment of any charter or special provision of law or of the general laws under which they are organized.
Chapter 92: Section 48. Repealed, 2003, 26, Sec. 259 Chapter 92: Section 49. Location of boulevards across railroad lands or locations Section 49. The commission may make such agreements with any railroad corporation as may be necessary to secure or facilitate the laying out, extension, construction and maintenance of a boulevard under the care or control of the commission across railroad lands or locations, and to indemnify such railroad corporation against any claims for damages to persons or property, arising out of such laying out, extension, construction and maintenance.
Chapter 92: Section 50. Notice to railroads of proposed work Section 50. The commission shall give the railroad corporation thirty days’ written notice of the proposed work, accompanied by a plan thereof; and if the commission is unable to agree with the railroad corporation across whose land or location it desires to lay out, extend and construct a boulevard, it may have its right to cross and the manner of crossing determined by the department of telecommunications and energy; provided, that no crossing of such boulevard shall be at a level with the railroad tracks and that no such boulevard shall be laid out, extended and constructed across a railroad in such manner as to injure or obstruct the railroad.
Chapter 92: Section 51. Place, time and manner of constructing crossing Section 51. The department of telecommunications and energy, upon petition of the commission and after due notice to the railroad corporation, shall hear the parties, and, if of the opinion that said petition should be granted, shall make a decree describing the place, time and manner of constructing such crossing, and how much, if any, of the work made necessary by such crossing shall be done by the corporation; and thereafter the commission may lay out, construct and maintain such boulevard across the railroad in accordance with the terms of said decree.
Chapter 92: Section 52. Payment of cost of construction and maintenance of crossings Section 52. All expenses of, and incident to, constructing and maintaining any roadway or parkway crossing a railroad, as provided in the three preceding sections, shall be borne by the commonwealth, and shall be paid out of the funds available for use by the commission for boulevard or reservation purposes, unless otherwise determined by an agreement between the commission and any such railroad corporation.
Chapter 92: Section 53. Band concerts Section 53. The commission may provide band concerts in such parks, parkways or other places under its control for boulevard or reservation purposes, and at such times, as it may select. Said commission shall include in its annual estimate of the expense of maintenance of the urban parks system for each year such sum as it may recommend should be appropriated for the purposes of this section.
Chapter 92: Section 54, 55. Repealed, 2003, 26, Sec. 261 Chapter 92: Section 56. Repealed, 1949, 554, Sec. 1 Chapter 92: Section 57 to 59. Repealed, 1985, 200, Sec. 5 Chapter 92: Section 59A, 60. Repealed, 2003, 26, Sec. 261 Chapter 92: Section 60A. Repealed, 1941, 547, Sec. 2 Chapter 92: Section 60B to 62A. Repealed, 1991, 412, Sec. 65 Chapter 92: Section 62B. Repealed, 1971, 1004, Sec. 6 Chapter 92: Section 63. Repealed, 1937, 416, Sec. 2 Chapter 92: Section 63A, 63B. Repealed, 1991, 412, Sec. 65 Chapter 92: Section 64 to 66. Repealed, 2003, 26, Sec. 261 Chapter 92: Section 66A. Minimum age requirement of lifeguards Section 66A. No person shall be employed by the metropolitan district commission as a beach or swimming pool lifeguard unless he has attained his eighteenth birthday, except that said commission may, if there is no suitable list of eligible applicants to fill existing vacancies, appoint subject to the provisions of chapter thirty-one, except for age requirements, applicants who have attained the age of sixteen years as beach or swimming pool lifeguards, provided that such applicants meet all other requirements.
Chapter 92: Section 67. Agreements for lighting reservations and boulevards; duration; payments upon expiration of contract Section 67. The commission may enter into an agreement with any electric light, power or gas company within the metropolitan parks district for a period not exceeding ten years, for the lighting of any part of the boulevards or reservations under the control of the commission, upon such terms as said commission deems most advantageous to the commonwealth. Upon the expiration of any such agreement, if no new contract is entered into between the commission and the electric light, power or gas company, the commission may continue to make payments in accordance with the terms of such expired contract or a schedule of rates filed under the provisions of section ninety-four of chapter one hundred and sixty-four or as ordered by the department of telecommunications and energy under the provisions of section ninety-three of said chapter one hundred and sixty-four, until a new contract has been made between the commission and the electric light, power or gas company.
Chapter 92: Section 68. Quality and price of light; fixing Section 68. The commission and any electric light, power or gas company which supplies service to the commission, whether by contract or in accordance with rates established under the provisions of sections ninety-three and ninety-four of chapter one hundred and sixty-four, shall upon complaint of the commission or upon application of the company to the department of telecommunications and energy, have the right to have any question of the quality or price of gas or electricity sold and delivered or of the service rendered determined by said department, and the provisions of sections ninety-three and ninety-four of chapter one hundred and sixty-four shall, as far as applicable, apply to the determination of such questions.
Chapter 92: Section 69. Charles river bridges Section 69. The commission may replace or rebuild any bridge over the Charles river within the metropolitan parks district whenever funds for the purpose shall become available by gift under the provisions of this section; provided, that no such bridge shall be replaced or rebuilt unless the consent of the city council and of the selectmen of any town in which any part of the bridge is situated shall first be obtained. Any such bridge may be replaced or rebuilt without a draw for the passage of vessels, and may be of no greater height above the water than, in the judgment of the commission, the architectural appearance of the bridge would require, except that every such bridge over the Charles river basin shall be so constructed as to leave a clear height of at least twelve feet above the ordinary level of the water in the basin over the main ship channel, and the piers and other obstructions to the flow of the river shall be constructed in such form and in such places as the secretary of war of the United States shall approve. When the work of replacing or rebuilding any such bridge is completed, the bridge shall be maintained and policed under and in accordance with the laws governing such maintenance and policing at the time when the work was begun. The state treasurer may receive, hold, manage and invest any funds given or bequeathed to him in trust by any person, upon such terms, conditions and limitations as the donor may impose, for the purpose of enabling the commission to carry out the provisions of this section, and the commission, whenever it shall deem that the public interests so require, may expend, under authority of this section and of any other provision relating to the acquirement and maintenance of reservations or boulevards by the commission, any such funds in accordance with the terms, conditions or limitations aforesaid. Any owner or lessee of property abutting on the Charles river above any drawless bridge built under the authority of this section and under authority of the act of congress entitled “An Act to authorize the construction of drawless bridges across a certain portion of the Charles river in the State of Massachusetts”, approved February twenty-seven, nineteen hundred and eleven, shall be entitled to adequate compensation for damages, if any, caused to said property or leasehold interests therein, by reason of the interference with access by water to said property due to the construction of any such drawless bridge, in accordance with provisos contained in said act of congress. Upon petition of any such owner or lessee entitled to such damages, filed in the supreme judicial court within one year after any such bridge without a draw is opened for public travel, said court shall appoint three commissioners to hear the parties in interest, and to assess the damages to said property; and the decision of said commissioners as to the amount of said damages and as to questions of fact involved shall be final.
Chapter 92: Section 70. Injury to Charles river dam Section 70. No person shall deface or injure any part of the Charles river dam, or any wharf, wall or other structure or any mechanism connected therewith, or unnecessarily open any drawbridge connected therewith or obstruct the passage thereof; nor shall any person, without the consent of the person in charge of the drawbridge, make fast to the dam, bridge, draw, guard, pier or any appurtenance thereof any vessel, scow, raft or float, or remain inside of the draw gates or on any pier, wharf, fender or appurtenance of the draw while the gates are closed; nor shall any person having charge of a vessel passing through the draw of such bridge refuse or neglect to comply with the directions of the person in charge relating to such passing. Whoever violates any provision of this section shall be punished by a fine of not more than twenty dollars.
Chapter 92: Section 71. Collision with gates of lock of Charles river dam; penalty Section 71. No person shall permit or suffer any vessel, scow, raft or float to come in contact with either of the gates of the lock of the Charles river dam. Whoever violates this section shall be punished by a fine of not more than fifty dollars.
Chapter 92: Section 72. Wrecked vessels and property in Charles river basin, removal; underwater archaeological resources, salvage Section 72. The commission shall have the same authority relative to wrecked vessels or other shipwrecked property on the shores or waters of the Charles river basin as is given the department of highways by section thirty-eight of chapter ninety-one relative to such vessels or property on other shores or waters of the commonwealth; and the commission shall have the same authority relative to the removal from said basin of wrecked, sunken or abandoned vessels, or of any unlawful or unauthorized structure or thing deposited or suffered to remain in the waters of said basin and obstructing safe and convenient navigation therein, as is given said department by sections thirty-nine to forty-five, inclusive, of chapter ninety-one, relative to such removal from the tide waters of the commonwealth, and said sections, so far as applicable, shall apply to such removals by the commission; provided, however, that the commission shall cooperate with the board of underwater archaeological resources in the salvage of underwater archaeological resources in accordance with section sixty-three of chapter ninety-one.
Chapter 92: Section 73. Disposal of old vessels Section 73. The commission shall have the same authority relative to the breaking up and disposing of old vessels and other floating structures in said Charles river basin that is given to the department of highways by sections forty-six to forty-nine, inclusive, of chapter ninety-one in relation to the harbors of the commonwealth.
Chapter 92: Section 74. Licensing of encroachments Section 74. The commission may license the maintenance of those parts of buildings and of the foundations of buildings which on July first, nineteen hundred and ten, projected into, upon or over the embankment of the Charles river basin. Said licenses shall be granted upon such terms, conditions, restrictions and agreements, and for such period of years, not exceeding 5, as the commission may deem best; provided, that licenses shall be revocable at any time by the commission. The granting of such a license shall in no event be construed to create in the licensee any title to the land into, upon or over which any licensed encroachment shall project, and no person shall by the maintenance of parts of buildings or foundations of buildings herein described, with or without such license, acquire any rights by prescription or adverse possession in any part of the Charles river embankment.
Chapter 92: Section 74A. Repealed, 2003, 26, Sec. 263 Chapter 92: Section 75. Appointment of harbor master and assistants; duties Section 75. The division may appoint from the office of environmental law enforcement a harbor master and assistant harbor masters who shall respectively have and exercise within the Charles river basin all the powers and authority which now appertain by law to the offices of harbor master and assistant harbor masters for the port of Boston appointed by the police commissioner of the city of Boston. The division may require such further duties of these officers, consistent with law, as the commission may deem expedient. The harbor master and assistant harbor masters shall receive the pay which may be established for the grade or rank which they respectively hold in the office of environmental law enforcement.
Chapter 92: Section 76. Repealed, 2003, 26, Sec. 265 Chapter 92: Section 76A. Permit to take water from basin; hearing; approval Section 76A. The metropolitan district commission, after a public hearing notice of which shall be sent to the department of environmental protection, and to all cities and towns bordering on the Charles river basin, as defined by section two of chapter five hundred and twenty-four of the acts of nineteen hundred and nine and acts in amendments thereof and in addition thereto, and subject to the approval of said department as hereinafter provided, may grant to any such city or town which accepts sections seventy-six A to seventy-six E, inclusive, by vote of the city council or selectmen a permit to take water from said basin for purposes of fire protection and of sale, at such price as the municipality may determine, to manufacturing establishments within its limits for cooling and condensing purposes. A city or town receiving such a permit may construct and maintain on lands owned by it all necessary works and pumping stations and may lay and maintain in such lands and in its streets all necessary mains and pipes, and, to such extent and on such terms and conditions as may be authorized in such permit, may lay said mains and pipes on or in lands under the control of the division. Any permit granted hereunder shall prescribe the maximum amount of water which may be drawn from said basin thereunder, and the place and manner of taking said water and of the return of said water except such as is used for fire protection, and shall provide for the metering of said water both at the place of taking and of return, and for reimbursing the division for all expenses of supervision and inspection. Such permit shall also prescribe the location, and the mode of construction and of laying, of all works, mains and pipes within lands under the division’s control, and such other terms and conditions as in the division’s opinion the public interest may require. No such permit shall be granted except in such form as shall be approved by the department of environmental protection, and no construction shall be commenced or carried on thereunder until all plans and specifications have been submitted to and approved by the department of environmental protection.
Chapter 92: Section 76B. Permits; conditions; violations; revocation Section 76B. Any such permit shall be upon the condition that water taken thereunder for purposes other than fire protection shall be supplied only to such manufacturers as can use it in a system of closed pipes without opening at any point within their premises; that it is to be discharged through a special system of outlet pipes into the basin or the canals thereof in a manner approved by the commission; and that no oil, refuse, or other substance which would be harmful to the water in the basin shall be added to the water before its return to the basin. Upon violation of any condition in the permit, or if in the opinion of the commission the use of water under the permit impairs the quality or, except for water used for fire protection, reduces the quantity of the water of the basin, the commission shall revoke the permit; and no new permit shall be granted unless the commission finds that there is no danger of future breach of condition of a permit when granted, or that the quality of the water of the basin will not be impaired.
Chapter 92: Section 76C. Conditions for supplying manufacturing establishments with water Section 76C. No manufacturing establishment shall be supplied with water taken from the basin under a permit granted under the two preceding sections until proper and suitable connections have been made for use of city or town water, so that, in case of revocation of the permit, the manufacturing establishments affected may be supplied with water for cooling and condensing purposes from the water system of the city or town, but in such case the water after use shall not be discharged into the basin.
Chapter 92: Section 76D. Maintenance of water level Section 76D. No permit granted under sections seventy-six A and seventy-six B shall authorize the taking of water from said basin to such an extent as substantially to affect the maintenance of the water level in said basin at the height required by chapter four hundred and sixty-five of the acts of nineteen hundred and three and acts in amendment thereof or in addition thereto, or in quantities, or in a manner, inconsistent with the purposes and provisions of the laws establishing and governing the maintenance of said basin.
Chapter 92: Section 76E. Laying mains and pipes; borrowing money for expenses Section 76E. For the purpose of meeting the expenses of constructing such works and of laying such mains and pipes, a city or town receiving a permit as aforesaid may borrow money, subject to the provisions of section eight of chapter forty-four.
Chapter 92: Section 77, 78. Repealed, 1984, 372, Sec. 30 Chapter 92: Section 79. Taking or acquisition of lands for reservations Section 79. For the purposes set forth in section thirty-three, the commissioner, acting so far as may be in consultation with the proper local boards, on behalf of the commonwealth, may take in fee or otherwise, by purchase, gift, devise, or eminent domain under chapter seventy-nine, lands and rights in land for reservations within the urban parks district, or take bonds for the conveyance thereof; and may take by eminent domain under said chapter, or acquire by agreement or otherwise, the right forever, or for such period of time as the commissioner deems expedient, to plant, care for, maintain or remove trees, shrubs and growth of any kind within certain spaces regulated by the division along or near rivers and ponds within said district; and may take or impose by eminent domain under said chapter, or acquire the benefit of, by agreement or otherwise, such restrictions upon such regulated spaces as it deems expedient; provided, that no private property shall be taken or restrictions imposed by eminent domain hereunder without the concurrence of a majority of the stewardship council and of the board of park commissioners, if any, of the town where said property is situated.
Chapter 92: Section 80. Taking or acquisition of land for boulevards Section 80. For the purpose of carrying out section thirty-five, the commissioner may take or acquire, in fee or otherwise, on behalf of the commonwealth, by purchase, gift, devise, or eminent domain under chapter seventy-nine, any land or easements or interests in land within the metropolitan parks district, although the land so taken, or any part thereof, be already a public way; provided, that the concurrence of the city council in Boston for Suffolk county or the concurrence of each other county or city or town outside of Suffolk county, wherein any portion of any public way, land or rights in land is taken by eminent domain, be obtained to the taking of said portion by vote of its county commissioners, city council or selectmen, respectively.
Chapter 92: Section 81, 82. Repealed, 1984, 372, Sec. 30 Chapter 92: Section 83. Granting or accepting title to interest in land; sale of personal property of park system Section 83. The department may, for all purposes consistent with the purposes specified in sections thirty-three and thirty-five, erect, maintain and care for buildings, and grant easements, rights of way or other interests in land, including leases, in any portion of the lands taken or acquired by it for the purposes of said sections, and may accept and assent to any deed containing reservations of such easements or other interests in land, all for such considerations or rentals, and upon such terms, restrictions, provisions or agreements, as the department may deem best. The department may sell at public or private sale surplus earth, rock, ice, wood, hay, standing grass, old buildings, and materials no longer needed for the maintenance of boulevards or reservations under its charge and may collect the money due from such sales and sue to recover or enforce the collection thereof in the courts of the commonwealth.
Chapter 92: Section 84. Abandonment of interests in land Section 84. The department may, with the concurrence of the park commissioners, if any, of the town within the urban parks district where the property is situated, by deed recorded in the county where the land lies, accompanied by plan or survey, abandon any easement or other right in land less than the fee taken by the department by right of eminent domain for reservation or boulevard purposes, and said abandonment shall revest title thereof, as if never taken, in the persons, their heirs and assigns, in whom vested at the time of the taking.
Chapter 92: Section 85. Sale of land or interests in land acquired for park or boulevard purposes Section 85. The department, with the concurrence of the park commissioners, if any, in the town within the urban parks district where the property is situated, may sell at public or private sale any portion of the lands or rights in land the title to which has been taken or received or acquired and paid for by it for the purposes set forth in sections thirty-three and thirty-five, and may, with the concurrence of such park commissioners, execute a deed thereof, with or without covenants of title and warranty, all in the name and behalf of the commonwealth, to the purchaser, his heirs and assigns, and deposit said deed with the state treasurer, together with a certificate of the terms of sale and price paid or agreed to be paid at said sale, and, upon receipt of said price and upon the terms agreed in said deed, he shall deliver the deed to said purchaser. The state treasurer may, by the attorney general, sue for and collect the price and enforce the terms of any such sale.
If the department decides, under this or the preceding section, to abandon or sell any portion of the lands or rights in land so taken or acquired by it, and the park commissioners in any town where said property or right in property is situated refuse or fail to concur with the commission within fourteen days from the giving of written notice of such decision to said park commissioners, the department, upon written notice of not less than seven days to said park commissioners, may appear before the governor and council and ask their concurrence in such sale or abandonment; and if the governor and council, after hearing, concur in such sale or abandonment, it shall have full force and effect.
Chapter 92: Section 86. Reservations and exceptions in takings Section 86. Whenever, by reason of a taking by the commonwealth through the department for reservation or boulevard purposes under section 80, a public way is so affected that the public rights therein might otherwise be abridged, either by being wholly or partly included within the taking, any and all exceptions and reservations made in said taking in favor of any municipality within which said way or part thereof lies, and of the public, and of persons, shall be valid, effectual and binding; and in order to insure to the parties concerned the full and perfect enjoyment of the uses thereby reserved the department may make grants of or convey easements, enter into agreements, issue licenses, and generally conclude arrangements to that end; but no such grant, agreement, license or arrangement shall be taken or held to abrogate or abridge the control of the department over the land included in said taking except as in said exceptions and reservations provided, or the right of the department to make rules and regulations for the government and use of any boulevard or crossway which may be laid out and maintained over said land or over any portion thereof, not inconsistent with such exceptions and reservations.
Chapter 92: Section 87. Transfer of care and control of lands or interests in lands Section 87. The department may transfer, for care and control, including police protection, any lands or rights or easements or interest in land held by it under sections thirty-three and thirty-five to any city, town, county, or local board of a city or town within the urban parks district, with the consent of such city, town, county or board, and upon such terms and for such period as may mutually be agreed upon, and enter into an agreement with any such city, town, county or board for the joint care and control or police protection of such lands or rights therein, and also for laying out, constructing and maintaining ways into or across any such lands; and any city, town, or county, or any local board within the urban parks district, may transfer, for care and control, including police protection, any land, rights, easements or interest in land in its control, although the same be already a part of a public way owned or controlled by it, to the department for such period and upon such terms as may mutually be agreed upon, and may enter into an agreement with the department for the joint care and control, including police protection, of such land or public way. All the provisions of section thirty-six shall apply in the case of any public way within the limits of such land as may be transferred, for care and control under this section, to the department, to the same extent as though such way were a boulevard maintained by the division under section thirty-five.
Chapter 92: Section 88. Agreements and contributions for improvement of public ways, bridges or streams Section 88. The division may join with any city, town or county in the laying out, improvement, relocation, widening, repairing, maintaining and caring for any public way, bridge or stream which lies along or connects any reservation or boulevard owned or controlled by the division, and in the expense of such work, and for such purposes or any of them, may make contribution to such city, town or county by a grant of land or rights in land, although the same be already a boulevard, or by payment of money for its portion of such expense.
Chapter 92: Section 89. Disposition of lost or stolen money or goods Section 89. If money, goods or other property which has been stolen, lost, abandoned or taken from a person under arrest comes into the possession of a police officer or other employee of the commission by virtue of his office or employment, he shall deliver the same to the person designated by the commission to receive the same, and he shall thereupon be relieved from further responsibility therefor.
Chapter 92: Section 90. Sale of stolen or lost property Section 90. If no person proves ownership of such money, goods or other property within six months, the commission may cause the same, excepting money unclaimed, to be sold at public auction at such place and time and by such person as the commission may designate.
Chapter 92: Section 91. Notice of sale Section 91. Notice of the time and place of such sale, with a description of the property, shall be given by publishing the same once in a newspaper published in Boston.
Chapter 92: Section 92. Sale of perishable lost property Section 92. Such property, if perishable or liable to deteriorate greatly in value by keeping, or the value of which will probably be less than the expense of keeping, may be sold at public auction at such place and at such time within six months and by such person as the commission may designate, such notice of the time and place of sale as the commission may deem reasonable and proper first being given.
Chapter 92: Section 93. Proceeds of sale of lost property Section 93. The proceeds of such sales, together with such unclaimed money, after deducting all reasonable charges and expenses incurred on account of such property, shall be accounted for and paid to the commonwealth.
Chapter 92: Section 94. Payment of proceeds of sale to owner Section 94. If within two years after any such sale the owner claims such property and proves ownership to the satisfaction of the commission, the amount of such unclaimed money or the proceeds of the sale of such property, after deducting reasonable expenses, shall be paid to him by the state treasurer out of said special account, without appropriation.
Chapter 92: Section 95. Permits for encroachments on land Section 95. The commission may grant permits, upon such terms and conditions as it deems proper, for the projection of eaves, cornices or ornaments of buildings, beyond the line of restriction or setback established for the benefit of the commonwealth, upon the land of a private owner which abuts on lands under the control of the commission, and also for the projection of eaves, cornices or ornaments of buildings over land under the control of the commission; provided, that no grant hereunder shall be made for any projection of more than three feet, nor for a projection over land of the commonwealth held or in the opinion of the commission likely to be required for a boulevard or driveway, at a height less than thirty feet above the grade which the commission may determine as that established or likely to be established as the grade of such boulevard or driveway adjacent to said private land.
Chapter 92: Section 95A. Projecting signs, marquees, awnings or devices; permits Section 95A. The commission may grant permits, upon such terms and conditions and for such considerations or rentals as the commission may deem proper, for the projection of signs, marquees, awnings and other devices over its property or over property under its care and control, and for that purpose may adopt, reasonable rules and regulations and assess penalties for violations thereof. Before the issue of a permit hereunder, the applicant shall file with the commission a bond running to the commission, in such penal sum as the commission shall determine, to indemnify and save harmless the commission and its agents and employees from all claims, loss, damage and expense in any way relating to or connected with such permit. This section shall not apply to signs or other structures projecting into or over the way a distance of less than six inches, nor to poles, wires, conduits and appurtenances of railroad, railway, telegraph and telephone, water, gas, electric light, heat and power companies.
Chapter 92: Section 96 to 98. Repealed by 2003, 26, Sec. 289 Chapter 92: Section 99. Repealed, 1947, 530 Chapter 92: Section 9A. Repealed, 2003, 26, Sec. 241 Section 1. As used in this chapter, the following words, unless the context clearly indicates otherwise, shall have the following meanings:—“Advisory committee”, the watershed system advisory committee for the appropriate watershed system.
“Alteration”, draining, dumping, dredging, damning, discharging, excavating, filling or grading; the erection, reconstruction or substantial expansion of any buildings or structures; the driving of pilings; the construction or reconstruction or paving of roads and other ways; the construction or reconstruction of utilities; the changing of run-off characteristics; the intercepting or diverting of ground waters, surface waters, reservoirs, tributaries, or aquifers; the installation or substantial expansion of drainage, sewage and water systems.
“Aquifer”, a geological formation, group of formations, or part of a formation in the Wachusett watershed that is capable of yielding a significant amount of water to a well or spring, as determined by reference to maps generated by the Massachusetts geographic information service based on the United States Geological Survey water resource atlases or any other source determined to be more accurate pursuant to subsection (m) of section 5. The land directly overlaying an aquifer shall be deemed to be a part of said aquifer.
“Authority”, the Massachusetts Water Resources Authority.
“Bonds”, any bonds, notes or other evidences of indebtedness.
“Bordering vegetated wetland”, a wet meadow, except meadows used for the grazing of livestock, marsh, swamp, bog, or other area, hydrologically connected to and bordering on a tributary, reservoir, flood plain, or surface water, which supports at least 50 per cent wetland species.
“Department”, the department of conservation and recreation.
“Division”, the division of water supply protection.
“Flood plain”, the land adjoining a tributary, reservoir or surface water, which is subject to inundation from a flood having a 1 per cent chance of being equalled or exceeded in any given year, commonly known as the 100 year flood plain, as determined by reference to the most recent edition of the flood hazard boundary maps issued by the Federal Emergency Management Agency or any other source determined to be more accurate pursuant to subsection (m) of section 107A.
“Ground water”, water below the land surface in a saturated zone, including perched ground water.
“Hazardous material or waste”, any material or waste, in whatever form, which because of its quantity, concentration, corrosivity, flammability, reactivity, toxicity, or infectious, chemical, or radioactive characteristics, either separately or in combination with any substance or substances, constitutes a present or potential threat to human health, safety, welfare, or to the environment. Hazardous material or waste shall include those materials listed in section 261 of title 40 of the code of federal regulations, or 310 CMR 40.
900 Appendix I.
“Pollutant”, any substance, man-made or resulting from human activities, that can alter the biological, chemical, physical, or radiological character of water.
“Quabbin watershed advisory committee”, the committee established by section 13.
“Revenues”, charges, reimbursements and other receipts derived by the division from operation of the watershed system and from all other activities or properties of the division including, without limiting the generality of the foregoing, proceeds of grants, gifts, investments, earnings and proceeds of insurance or condemnation.
“Surface water”, water in the watersheds, including any lake, spring, impoundment, and pond, as determined by reference to the most recent edition of maps generated by the Massachusetts geographic information service based on the United States Geological Survey 1 to 25,000 scale quadrangle maps or any other map determined to be more accurate pursuant to subsection (m) of section 5. Surface water shall include the land located thereunder and the banks thereto. Surface water shall exclude all reservoirs, tributaries, aquifers, ground waters, and man-made farm ponds used for irrigation, as well as all so-called great ponds of the commonwealth which do not drain into a tributary or a reservoir.
“Tributary”, a body of running water, including, a river, stream, brook and creek, which moves in a definite channel in the ground due to a hydraulic gradient and which flows ultimately into a reservoir in the watersheds or the Ware river above the Ware river intake, as determined by reference to the most recent edition of maps generated by the Massachusetts geographic information service based on the United States Geological Survey one to 25,000 scale quadrangle maps or any other map determined to be more accurate pursuant to subsection (m) of section 5. A tributary shall include the land over which the water therein runs and the banks thereto.
“Ware river watershed advisory committee”, the committee established by section 14.
“Watershed system”, (i) all real and personal property interests held by or on behalf of the commonwealth immediately prior to the effective date of this act in and for the former metropolitan district commission water system which were part of or appurtenant to the Quabbin watershed, Quabbin reservoir, Ware river watershed, Wachusett watershed, Wachusett reservoir, North and South Sudbury watersheds, Sudbury reservoir, Framingham reservoirs 1, 2 and 3, Blue Hills reservoir, Bear Hill reservoir, Spot Pond reservoir, Fells reservoir, Weston reservoir, Norumbega reservoir, Chestnut Hill reservoir, including land, easements, buildings, structures, all equipment, machinery, vehicles, and appliances, improvements, water rights and rights in source of water supply and (ii) all enlargements and additions to the former metropolitan district commission water system acquired or constructed by the division for the purposes of the watershed system, including land, easements, buildings, structures, equipment, machinery, vehicles, and appliances, improvements, reservoirs, dams, water rights and rights in sources of water supply, but excluding the waterworks system of the authority.
“Watersheds”, the natural basin from within which water drains or in natural course would drain into the Quabbin reservoir, the Wachusett reservoir, or the Ware river upstream of the Ware river intake.
Section 10. The supreme judicial or superior court or any justice of either court shall, on petition of the department or of any town or person interested, have jurisdiction in equity or otherwise to enforce sections 1 to 9, inclusive, and any rule, regulation or order made thereunder, and to prevent any violation of said sections, rules, regulations or orders.
[Text of section as amended by 2004, 149, Secs. 150 and 151 effective July 1, 2004 until January 15, 2007. See 2004, 149, Secs. 417 and 428. For text effective January 15, 2007, see below.
] Section 11. The department shall assess the Massachusetts Water Resources Authority for the fiscal year costs of operating the division and other authorized charges relating to the watershed system formerly under the care, custody and control of the division of watershed management of the metropolitan district commission, including 100 per cent of the amounts to be paid in that fiscal year in trust by the authority to the division for application to payments in lieu of taxes pursuant to chapter 59, less any and all revenues generated by the division which shall include, but not be limited to, the sale of hydroelectricity, recreational or permit fees, revenues from the sale of wood products harvested on department watershed lands, and any access fees established pursuant to chapter 436 of the acts of 1990. The assessment shall be established annually by the commissioner of the department. The commissioner of the department shall certify to the executive director of the authority on or before September 15, the current fiscal year obligations due by the authority for the operations of said division relating to the watershed system formerly under the care, custody and control of the division of watershed management of the metropolitan district commission. The commissioner shall bill the treasurer of the authority on October 1, January 1, April 1 and June 30 of each fiscal year for said fiscal year’s obligations. Within 30 days of receipt of the department bill, the treasurer of the authority shall remit the total billed amount to the Water Supply Protection Trust, established in section 73 of chapter 10. Revenues received from the June 30 billing shall be credited to that fiscal year. The commissioner of the department shall forward to the treasurer of the commonwealth the revenues generated by the division which shall be credited to the Water Supply Protection Trust, established in section 73 of chapter 10. Chapter 92A1/2: Section 11. Fiscal year operating costs [Text of section effective January 15, 2007. For text effective until January 15, 2007, see above.
] Section 11. The department shall assess the Massachusetts Water Resources Authority for the fiscal year costs of operating the division and other authorized charges relating to the watershed system formerly under the care, custody and control of the division of watershed management of the metropolitan district commission, including 100 per cent of the amounts to be paid in that fiscal year in trust by the authority to the division for application to payments in lieu of taxes pursuant to chapter 59, less any and all revenues generated by the division which shall include, but not be limited to, the sale of hydroelectricity, recreational or permit fees, revenues from the sale of wood products harvested on department watershed lands, and any access fees established pursuant to chapter 436 of the acts of 1990. The assessment shall be established annually by the commissioner of the department. The commissioner of the department shall certify to the executive director of the authority on or before September 15, the current fiscal year obligations due by the authority for the operations of said division relating to the watershed system formerly under the care, custody and control of the division of watershed management of the metropolitan district commission. The commissioner shall bill the treasurer of the authority on October 1, January 1, April 1 and June 30 of each fiscal year for said fiscal year’s obligations. Within 30 days of receipt of the department bill, the treasurer of the authority shall remit the total billed amount to the commission. Revenues received from the June 30 billing shall be credited to that fiscal year. The commissioner of the department shall forward to the treasurer of the commonwealth the revenues generated by the division which shall be credited to the General Fund.
[Text of section as amended by 2004, 149, Sec. 152 effective July 1, 2004 until January 15, 2007. See 2004, 149, Secs. 417 and 428. For text effective January 15, 2007, see below.
] Section 12. The treasurer of the commonwealth shall charge the Massachusetts Water Resources Authority for the debt service costs of bonds issued pursuant to section 3 of chapter 564 of the acts of 1987 and sections 12 and 13 of chapter 36 of the acts of 1992 for the acquisition of fee simple, development and other rights or interests inland in the areas regulated by the division. The revenue shall be deposited into the Water Supply Protection Trust established in section 73 of chapter 10 for the purposes of meeting said debt service costs. The comptroller shall transfer to the General Fund from the Water Supply Protection Trust that portion of annual assessments against the Massachusetts Water Resources Authority identified as reimbursement for debt service payments that have been previously charged to the General Fund. Chapter 92A1/2: Section 12. Debt service costs [Text of section effective January 15, 2007. For text effective until January 15, 2007, see above.
] Section 12. The treasurer of the commonwealth shall charge the Massachusetts Water Resources Authority for the debt service costs of bonds issued pursuant to section 3 of chapter 564 of the acts of 1987 and sections 12 and 13 of chapter 36 of the acts of 1992 for the acquisition of fee simple, development and other rights or interests inland in the areas regulated by the division. The revenue shall be deposited into the general fund for the purposes of meeting said debt service costs, subject to appropriation, for said bonds.
Section 13. The commissioner shall establish the Quabbin watershed advisory committee. The purpose of the committee shall be to advise the division on its policies and regulations regarding fishing, boating and other recreational activities and environmental, wildlife and habitat matters within the Quabbin watershed. The commissioner of the department shall appoint to the advisory committee 1 person from 3 names nominated by each of the following organizations: the Massachusetts Council of Sportsmen, the Trout Unlimited, the Quabbin Fisherman’s Association, the Worcester County League of Sportsmen, the North Worcester County Quabbin Anglers, the Massachusetts Audubon Society, the Swift River Valley Historical Society, the Massachusetts Wildlife Federation, the New England Sierra Club, and the Friends of Quabbin, Inc.
The commissioner shall also appoint 1 member from the general public. The committee shall elect a chairperson from among its members, shall meet at least twice each calendar year, and may provide for alternate members to participate fully in its meetings whenever a regular member is unable to do so.
Section 14. The commissioner shall establish a Ware river watershed advisory committee. The purpose of the committee shall be to advise the division on its policies and regulations regarding recreational activities, land use and environmental, wildlife and habitat matters within the Ware river watershed. The commissioner of the department shall appoint to the advisory committee 1 person from 3 names nominated by each of the following organizations: the Massachusetts Council of Sportsmen, the Worcester County League of Sportsmen, Trout Unlimited, a rod and gun club located in the town of Barre, Hubbardston, Oakham or Rutland, a designee of the board of selectmen of each of the towns of Barre, Hubbardston, Oakham and Rutland, a representative of the historical societies in each of the towns of Barre, Hubbardston, Oakham and Rutland, a representative of the Massachusetts Wildlife Federation, a representative of the Massachusetts Audubon Society, a representative of the Sierra Club, and a representative of the Upper Ware river watershed association and 1 member from the general public.
The committee shall elect a chairperson from among its members, shall meet at least twice each calendar year and may provide for alternate members to participate fully in its meetings whenever a regular member is unable to do so.
Section 15. The commissioner shall establish a watershed system advisory committee to advise the division on its policies and regulations regarding fishing, boating, and recreational activities and other environmental and wildlife matters in all of the watershed system areas under the control of the division, exclusive of the Quabbin watershed and the Ware river watershed. The committee shall consist of 9 members, the qualifications of whom shall be determined by regulation by the commissioner. The committee shall elect a chairperson from among its members, shall meet at least twice each calendar year, and may provide for alternate members to participate fully in its meetings whenever a regular member is unable to do so.
Section 16. The commissioner shall at least once every 5 years, adopt after public hearing one or more periodic watershed management plans for the watershed system, which shall have been prepared with the participation of a professionally qualified forester and the appropriate watershed advisory committee. Any watershed management plan shall provide for, but need not be limited to, forestry, water yield enhancement and recreational activities. All forestry activities shall be subject to sections 40 to 46, inclusive, of chapter 132.
Section 17. The department, on behalf of the commonwealth, may take by eminent domain under chapter 79, or acquire by purchase or otherwise, lands in fee, easements, rights and other property that it deems necessary or desirable for carrying out the powers and duties conferred upon it by this chapter relative to the construction, maintenance and operation of the watershed system.
Section 18. The division shall be deemed to be a public entity under section 26A of chapter 21 and shall be eligible for grants and other assistance under the Massachusetts Clean Water Act and other program of federal or state assistance for water supply, or related purposes.
Section 19. The department shall have over the property of the watershed system all the general power and authority, which it has over reservations so far as the same may be exercised consistently with the purposes for which the watershed system is maintained.
Section 2. There shall be within the department a division of water supply protection which shall be subject to chapter 737 of the acts of 1972. The division shall construct, maintain and operate a system of watersheds, reservoirs, water rights and rights in sources of water supply, shall supply thereby a sufficient supply of pure water to the Massachusetts Water Resources Authority, and shall utilize and conserve said water and other natural resources in order to protect, preserve and enhance the environment of the commonwealth and to assure the availability of pure water for future generations. The division shall maintain a visitors’ informational center at the Quabbin reservation. All records pertaining to the history of the Swift River and Ware River Valleys, land takings therein, Quabbin Reservoir construction and matters regarding the 4 discontinued towns and extant adjacent communities shall remain accessible to the public at the Quabbin Reservoir administrative facilities in Belchertown, Massachusetts.
The division of water supply protection shall be under the administrative supervision of a director, who shall be called the director of water supply protection. The director shall be responsible for the watershed system formerly under the care, custody and control of the division of watershed management of the metropolitan district commission, and the watershed system formerly under the care, custody and control of the division of water resources of the department of environmental management.
Section 20. The division shall not contract for services exclusive of contracts pursuant to any general or special act relating to forest cutting practices and for consultants performing only those services for the division which regular employees of the division are unable to perform, to accomplish any of its duties nor shall it enter into any interagency agreement for such purpose. Only officers and employees of the division shall perform its duties.
Section 3. The division shall keep all bridges built by it across the reservoir upon the Nashua river safe, and shall have charge of, use, maintain and operate the same, and the commonwealth shall be exclusively responsible for all damages caused thereby or by any defect or want of repair therein. The department shall have the exclusive right and control over all ponds, reservoirs and other property within the watershed system, and may order all persons to keep from entering in, upon or over the waters thereof and the lands of the commonwealth or towns surrounding the same.
[Text of section as amended by 2004, 149, Sec. 149 effective July 1, 2004 until January 15, 2007. See 2004, 149, Secs. 417 and 428.
For text effective January 15, 2007, see below.
] Section 4. The division shall have the exclusive right to and interest in hydroelectricity developed, generated, transmitted, distributed and sold as an incident to the operation of the watershed and waterworks systems, may undertake such projects for such purposes and may authorize or contract with any other person otherwise lawfully qualified for such person to perform on reasonable terms and conditions such activities on behalf of or by arrangement with the division. The division may by lease, license or permit or on its own behalf provide for the installation and operation of electric and telecommunications transmission facilities within said systems, provided that such facilities shall not interfere with the proper operation of said systems and that no lease, license or permit for such purpose shall be made for a term of more than 40 years. Subject to contractual requirements or other legal obligations in force on the effective date of this act, the division shall permit use of water in reservoirs for hydroelectric generation only when and to the extent that water is otherwise subject to release for reasons of sound management of the reservoirs for watershed, waterworks and stream flow purposes. All revenues derived from the activities authorized herein shall annually be remitted by the division to the state treasurer who shall deposit said revenues into the Water Supply Protection Trust, established in section 73 of chapter 10. Chapter 92A1/2: Section 4. Hydroelectricity authority [Text of section effective January 15, 2007. For text effective until January 15, 2007, see above.
] Section 4. The division shall have the exclusive right to and interest in hydroelectricity developed, generated, transmitted, distributed and sold as an incident to the operation of the watershed and waterworks systems, may undertake such projects for such purposes and may authorize or contract with any other person otherwise lawfully qualified for such person to perform on reasonable terms and conditions such activities on behalf of or by arrangement with the division. The division may by lease, license or permit or on its own behalf provide for the installation and operation of electric and telecommunications transmission facilities within said systems, provided that such facilities shall not interfere with the proper operation of said systems and that no lease, license or permit for such purpose shall be made for a term of more than 40 years. Subject to contractual requirements or other legal obligations in force on the effective date of this act, the division shall permit use of water in reservoirs for hydroelectric generation only when and to the extent that water is otherwise subject to release for reasons of sound management of the reservoirs for watershed, waterworks and stream flow purposes. All revenues derived from the activities authorized herein shall annually be remitted by the division to the state treasurer who shall deposit said revenues into the general fund.
Section 5. (a) Any alteration, or the generation, storage, disposal, or discharge of pollutants is prohibited within those portions of the watersheds that lie within 200 feet of the bank of a tributary or surface waters or within 400 feet of the bank of a reservoir.
(b)(1) The uses and activities set forth in paragraph (2) are prohibited within those portions of the watersheds that lie:(i) within the area between 200 and 400 feet of the bank of a tributary or surface waters;(ii) within the flood plain of a tributary or waters, including that flood plain;(iii) within bordering vegetated wetlands that border on tributaries or surface waters, or reservoirs;(iv) within land that overlays an aquifer with a potential well yield of 100 gallons per minute or more as determined pursuant to subsection (m); or(v) within land that overlays an aquifer with a potential well yield of one or more but less than 100 gallons per minute pursuant to a finding by the division, in consultation with the department of environmental protection, that regulation of the aquifer is necessary for the protection of the quality of the water in the surface waters, aquifers, reservoirs or the tributaries.
(2) The following uses are prohibited within the area regulated by paragraph (1):(i) the disposal of pollutants from either private or publicly owned sewage treatment facilities;(ii) the placement of the leaching field of a subsurface waste water disposal system less than 4 feet above the maximum water table level as measured at the time of annual high water;(iii) the storage of liquid petroleum products of any kind; provided, however, that an end user of such product, such as a resident in connection with normal residential use or a person responsible for supplying heat to a residence, may store a reasonable volume of such material so long as such storage is in a free standing container inside of a structure, which structure shall include at a minimum a foundation thereof with a poured cement slab floor or a concrete reservoir of sufficient volume to hold 125 per cent of the tank’s capacity;(iv) the treatment, disposal, use, generation, or storage of hazardous material or waste, except a reasonable volume of hazardous material or waste, incidental to normal residential use;(v) the storage and the disposal of solid waste other than a reasonable volume incidental to normal residential use;(vi) the outdoor storage of road salt or other deicing chemicals; provided, however, that this section shall not prohibit the outdoor storage of sand, gravel, or materials used in road construction which are not hazardous materials or waste;(vii) the outdoor storage of fertilizers, herbicides, and pesticides;(viii) the use or storage of pesticides or herbicides which carry a mobility rating as provided for by the United States environmental protection agency or which have been determined by the commonwealth using environmental protection agency standards to pose a threat or potential threat to ground water;(ix) the outdoor uncovered storage of manure;(x) the servicing, washing, or repairing of boats or motor vehicles other than as reasonably incidental to normal residential use;(xi) the operation of junk and salvage yards;(xii) the rendering impervious of more than ten percent of any lot or 2500 square feet, whichever is greater;(xiii) the excavation of gravel and sand to a depth greater than 6 feet above the maximum water table, except where incidental to the construction of permitted structures;(xiv) the altering of bordering vegetated wetlands;(xv) any other activity which could degrade the quality of the water in the watersheds as determined by the division after consultation with the department of environmental protection; provided, however, that de-icing may be performed on a roadway under procedures approved by the secretary of environmental affairs.
(c) This section shall not apply to uses, structures or facilities lawfully in existence or for which all applicable municipal, state and federal permits and approvals, other than building permits and permits for septic systems, have been obtained prior to July 1, 1992. This section shall not apply to any reconstruction, extension, or structural change to any structure in lawful existence as of said date; provided, however, that such reconstruction, extension, or structural change (i) does not constitute a substantial change to or enlargement of that lawfully existing structure, and (ii) does not degrade the quality of the water in the watershed.
(d) In addition to and without limiting subsection (a) or subsection (b), the construction of a dwelling on land set forth in subsection (b) which exceeds a density of 2 bedrooms per acre is prohibited. No use may generate more than 220 gallons of sanitary sewage per acre per day. In making such calculations all contiguous real property within the area regulated by said subsection (a) or said subsection (b) owned by the same person shall be used in the aggregate to determine the total acreage for density purposes; provided, however, that said area may be so used for determining area density for only 1 parcel.
(e) In addition to and without limiting subsection (a), (b) or (d), the construction of any dwelling which exceeds a density of 1 and 1/3 bedrooms per acre is prohibited within those portions of the watersheds that overlay aquifers with potential well yields of between 100 and 300 gallons per minute as determined pursuant to subsection (m) or land whose regulation has been determined to be necessary for the protection of the quality of the water in the surface waters, aquifers, reservoirs and tributaries pursuant to clause (v) of paragraph (1) of subsection (b). No use may generate more than 147 gallons of sanitary sewage per acre per day.
(f) In addition to and without limiting subsection (a), (b), (d) or (e), the construction of any dwelling which exceeds a density of 1 bedroom per acre is prohibited within those portions of the watersheds that overlay aquifers with potential well yields of over 300 gallons per minute as determined pursuant to subsection (m). No use may generate more than 110 gallons of sanitary sewage per acre per day.
(g) Nothing in subsection (d), (e) or (f) shall be deemed to limit such construction if a sewer system exists prior to July 1, 1992 to which a direct connection shall be made without expansion of capacity and the connection is used for all sanitary sewage of any dwelling or other structure resulting from the construction.
(h) Nothing in this section shall prevent the construction of 1 single family dwelling, on any lot existing as such prior to July 1, 1992 within the areas regulated by this section. Nothing in this section shall prevent any owner occupied lot existing as such on July 1, 1992 from being subdivided into 1 additional lot. Wherever possible there shall be no alterations within the area regulated by subsection (a).
(i) Subsequent to the issuance of regulations as provided for in this section, any person owning an interest in real property located in a community with land that lies within the watersheds, by written request may submit to the division the determination of a land surveyor registered with the board of registration of professional engineers and of land surveyors as to whether such owner’s real property interests are located within areas regulated by this section. The division shall have been deemed to have concurred with the determination unless within 60 days from the submission of the determination the division issues a written notice of denial to the owner. The division shall issue regulations pursuant to section 6 regarding such submissions and any requirements thereto. All surveys and additional materials or studies required to make a determination, whether or not requested by the division, shall be prepared and delivered at the sole cost of the person desiring the determination.
(j) A tributary or portions thereof may be exempted from the provisions of this section, if after taking into account the rate of flow, slope, soil characteristics, proximity to a reservoir or the Ware river above the Ware river intake, the current level of water quality and the current degree of development, the division, in consultation with the department of environmental protection, determines that such exemption poses no significant risk to the quality of the water.
(k) The division, after consultation with the department of environmental protection, shall issue regulations pursuant to section 6 for appealing the inclusion of a location in the areas regulated by this section. It shall be the responsibility of the appellant to prove that the location was improperly included. If the appeal is decided in the appellant’s favor, a court of competent jurisdiction shall award to appellant reasonable attorney fees, costs and expenses incurred in the action.
(l) The division, in accordance with procedures for notice and a hearing as provided by chapter 30A, may grant upon appeal or petition with respect to particular uses or structures, and shall grant upon request with respect to crossings of tributaries and bordering vegetated wetlands a variance from the provisions of this section where the division specifically finds that owing to circumstances relating to the soil conditions, slope, or topography of the land affected by such uses or structures, desirable relief may be granted without substantial detriment to the public good and without impairing the quality of water in the watersheds. The division shall issue regulations pursuant to section 6 regarding such proceedings. The division may impose reasonable conditions, safeguards and limitations to any variance as it may find desirable in its sole discretion which, based upon such hearing record, are necessary to protect the water in the watersheds. The division shall issue regulations pursuant to section 6 regarding such proceedings. The division may impose reasonable conditions, safeguards and limitations to any variance as it may find desirable in its sole discretion which, based upon such hearing record are necessary to protect the water in the watersheds. The division shall record and index in the grantor index in the registry of deeds or register in the registry district of the land court for the county or district where the land lies, a notice of said variance, and conditions thereto, which notice shall describe the land by metes and bounds or by reference to a recorded or registered plan showing its boundaries.
(m) The location of tributaries and surface waters shall be determined by reference to maps generated by the Massachusetts geographic information service based on the most recent edition of the United States Geological Survey 1 to 25,000 thousand scale quadrangle maps. The location of flood plains shall be determined by reference to the most recent edition of the flood hazard boundary maps issued by the director of the Federal Emergency Management Agency. The location and the potential well yield of aquifers shall be determined by reference to maps generated by the Massachusetts geographic information service based on the United States Geological Survey water resource atlases. The division, in consultation with the department of environmental protection, may adopt more accurate maps pursuant to notice and a public hearing as provided in chapter 30A and shall file such more accurate maps with the clerks of the house of representatives and the senate 90 days prior to such maps taking effect.
(n) This section shall not apply to the division in the performance of its responsibilities and duties to protect the quality of the water in the watersheds, or to the Authority in the performance of its responsibilities and duties to maintain, operate and improve the waterworks system. The provisions of this section shall not apply to activities relating to normal maintenance or improvement of land in agricultural use as defined in section 40 of chapter 131, or regulations promulgated thereunder; provided, however, that such activities do not impair the quality of the water. Nothing in this section shall be construed to limit conversion of land for agricultural use, or preparation of land for agricultural use; provided, however, that such conversion shall be made under a plan approved by the United States Department of Agriculture Soil Conservation Service and the department in consultation with the department of agricultural resources. This section shall not apply to the maintenance, repair, replacement or reconstruction of public roadways existing as of September 1, 1989 or railroad track and rail bed existing as of September 1 1990, including associated drainage systems, that are necessary to preserve or restore the facility’s serviceability for the number of travel lanes and uses existing as of September 1, 1990; provided, however, that in the case of any replacement the design is substantially the functional equivalent of, and is of similar alignments to that which is being replaced; provided, further, that design plans and specifications for said work on roadways, or railroad track and rail beds are provided to the division prior to the work’s commencement. This section shall not apply to the construction of public highways, railroad track and rail beds and facilities directly related to their operation; and provided, further, that the secretary of environmental affairs has determined that such highway or transportation service construction project requires direct access to or location in the lands set forth in this section and that said secretary and the division have determined that the construction does not materially impair the quality of the water in the watershed and does not otherwise materially impair the quality of the environment. This section shall not apply to the maintenance, repair or expansion of lawfully located structures or facilities used in the service of the public to provide electric, gas, water, sewer, telephone, telegraph and other telecommunication services; provided, however, that such maintenance, repair or expansion activities, structures, or facilities do not materially impair the quality of water in the watersheds as determined by the division after consultation with the department of environmental protection. This section shall not apply to the maintaining, repairing or replacing but not substantially changing or enlarging an existing and lawfully located structure or facility used in the service of the public and used to provide electric, gas, water, sewer, telephone, telegraph and other telecommunication services in bordering vegetated wetlands; provided, however, that such maintenance and repair activities do not materially impair the quality of water in the watersheds. Nothing herein shall limit the ability of a person, municipality, the United States government or the commonwealth to undertake temporary operations to clean up, prevent or mitigate releases of hazardous materials or wastes. This section shall not be construed to limit changes in agricultural crops produced. Nothing in this section shall be construed to limit the use of new or existing agricultural technologies that do not degrade the quality of the water in the watersheds more than the present agricultural technologies that such new or existing agricultural technologies replace.
(o) Upon written request by the division, the department of environmental protection shall have the authority, including the authority to render administrative penalties under section 16 of chapter 21A, to enforce the provisions of this section for violations thereof.
(p) The duties and obligations imposed by this chapter shall be in addition to all other duties and obligations imposed by any other general or special law or regulation.
(q) The division shall hold in at least 1/2 of the communities in the affected watersheds an informational public hearing, giving notice thereof at least 30 days prior thereto by advertisement in newspapers of general circulation in each such community and by written notification to the boards of selectmen, city councils, or town councils, whichever is appropriate, in each such community. The division, at the time of such hearing, shall make available maps showing the areas affected by this section and shall explain the provisions of this section and the impact this section will have on the affected communities and landowners.
(r) Nothing in this section shall impede or prevent the construction of a new municipal sewer system or new municipal water system if the division determines that water quality will not be adversely impacted from the construction and provided that such new systems comply with all existing regulations and standards applicable to water pollution abatement projects.
Section 6. The division after consultation with the department of environmental protection, shall make rules and regulations by July 1, 1992 and from time to time thereafter for the protection of the watersheds and the watershed system. The regulations shall include provisions that require notice to the department and the division of applications for variances for uses or structures that affect the watersheds. Notice of hearings on the proposed regulations shall be sent to the chief executive officer of all cities and towns within the watersheds and any other cities and towns affected by such regulations. The division shall file copies of the regulations promulgated in accordance with this section with the clerk of the house of representatives and the clerk of the senate and send copies to the chief executive officer of all the cities and towns within the watersheds and any other cities and towns affected by such regulations. The regulations shall not take effect until 60 days have elapsed from the time of said filing. The division shall cause such rules and regulations to be posted at or near the waters to which they respectively apply, and shall also cause the same to be published at least once in a newspaper published in the county where said waters are in whole or in part situated, and such posting and publication shall be sufficient notice to all persons. The sworn certificate of any senior member of the department of such posting and publication, or of the posting or publication of an order made by the department, shall be prima facie evidence of the posting and publication. A copy of any such rule, regulation or order, attested by any senior member of the department, shall be prima facie evidence that said rule, regulation or order was made by department or by the commissioner, as the case may be.
Section 7. No person shall take or divert any water of the watershed system of the division, and no person shall corrupt, render impure, waste or improperly use any such water.
Section 8. The department, and its employees designated for the purpose, shall enforce sections 1 to 7, inclusive, and the rules, regulations and orders made thereunder, and may enter into any building, and upon any land for the purpose of ascertaining whether sources of pollution there exist, and whether the sections and the rules, regulations and orders made as aforesaid are complied with.
Section 9. Any person who without lawful authority takes or diverts any water from any water supply within the watershed system of the division, or who corrupts or defiles any such water supply, or any source of such water supply, or who injures, destroys or interferes with any property held or used by the authority for the purpose of constructing, operating or maintaining the watershed system, or who violates or refuses to comply with any rule, regulation or order of the department shall be subject to a criminal fine of not more than 50,000 dollars or imprisonment for not more than l year; provided, however, that in cases of continuing violation, such maximum fine may be 10,000 dollars per day for each day such violation occurs or continues. Notwithstanding any limitation on criminal penalties set forth in the preceding sentence, any person convicted of the wanton or malicious destruction of or injury to any property used in the construction, operation or maintenance of the watershed system shall also be liable in tort to the department for triple the amount of damages thereby caused. Any such fine or tort judgment shall be payable to the treasury of the commonwealth.
Section 1. As used in this chapter the following words shall, unless the context requires otherwise, have the following meanings:—“Board”, the board of directors of the Commonwealth Zoological Corporation.
“Corporation”, the Commonwealth Zoological Corporation.
“Director”, the director of the division of urban parks and recreation.
“Division”, the division of urban parks and recreation.
“Member”, a member of the board of directors of the Commonwealth Zoological Corporation.
“Society”, Boston Zoological Society.
“Zoos”, Franklin Park Zoo and Walter D. Stone Memorial Zoo.
Section 10. The provisions of this chapter shall be construed to incorporate by reference any existing agreements between the commission and any other entity, public or private, except as otherwise provided in this chapter. The provisions of this chapter shall, to the extent permitted by law, be deemed to supersede any terms or conditions of any existing agreements which are in conflict with the provisions of this chapter.
Section 11. The zoos shall continue to be known as the Franklin Park Zoo and the Walter D. Stone Memorial Zoo, and referred to as the metropolitan parks zoos. The commonwealth shall at all times retain title to all real property and the appurtenances thereon; only the care, custody and control of the zoos shall be transferred to the corporation pursuant to this chapter. The zoos and all real property shall remain a part of the metropolitan parks system. In the event that, for any reason, the corporation dissolves, the commission shall assume responsibility for the zoos and their operation, and all funds, personal property, and animal collections shall revert to the commission.
Section 12. On or before January first, nineteen hundred and ninety-six, the corporation shall submit to the governor and the clerks of the house of representatives and the senate and the house and senate committees on ways and means, a report detailing the state of the zoos, their operation and management, and financial conditions. The report shall be studied with the purpose of determining whether the condition of the zoos has been improved by the corporation or whether the care, control and custody should return to the commonwealth, on behalf of the commission.
Section 2. There is hereby created a nonprofit body to be known as the Commonwealth Zoological Corporation. The corporation is hereby placed in the commission, but shall not be subject to the supervision of the commission, nor any office, board, bureau, department, or other agency of the commonwealth, except as specifically provided in this chapter. This shall not preclude the director or his agents from inspecting the books, records, files or premises of the corporation at any time.
The corporation may receive, subject to appropriation, an annual operating subsidy from the commonwealth through a line item in the budget of the commission.
Pursuant to section three of chapter twenty-nine, the corporation may submit a request for such annual operating subsidy to the commission. The commonwealth may also fund, from time to time, major capital improvements and expansion subject to the provisions of section nine.
The corporation shall be governed and its corporate powers exercised by the board, which shall consist of fifteen members appointed by the governor in the following manner: the director or his designee, ex-officio; one member chosen from a list of three names submitted by the board of directors of the society; two chosen from a list of six names, three names submitted by the Grove Hall Board of Trade, and three names submitted by the Friends of Franklin Park Zoo; two chosen from a list of six names, three names submitted by the Middlesex Fells Zoological Society, and three names submitted by the Stoneham Board of Selectmen; and nine other members representing the commonwealth’s business, corporate, philanthropic and educational communities. The members other than the director shall be appointed for terms of not less than one year and not more than four years as determined by the governor. Upon expiration of the initial appointment, the governor shall appoint said members to four year terms.
All members of the board shall exercise full and equal voting privileges. Any person appointed to fill a vacancy shall serve for the remainder of the term. Members shall be eligible for reappointment. Any member may be removed by the governor for just cause.
Seven board members shall constitute a quorum and the affirmative vote of a majority of the members present and eligible to vote shall be necessary for any action to be taken by the board. The members shall serve without compensation, but each member shall be entitled to reimbursement for necessary expenses incurred in the performance of official duties of the corporation. Said expenses and duties shall be specified in the board’s by-laws. Disbursements for these expenses shall be detailed and available for review in the account books of the corporation. The board shall meet at least once a month and shall have authority over the activities of the corporation.
The governor shall appoint a chairperson of the board who shall serve at the governor’s pleasure. The board shall also designate a secretary who shall not be a member of the board. The secretary shall keep a record of proceedings of the corporation and detailed minutes of each meeting, and shall be custodian of all books, documents, and papers of the corporation, and its official seal. The secretary shall retain copies of all minutes and other records and documents of the corporation and shall certify such copies’ authenticity. The board shall also appoint a treasurer who shall have charge of the books and records of account and accounting records of the corporation and shall be responsible, under the supervision of the president, for financial control of the corporation.
The corporation shall establish procedures by which all meetings of the corporation and the board are open to the public.
The provisions of chapter two hundred and sixty-eight A and chapter two hundred and sixty-eight B shall apply to all members, officers and employees of the corporation; provided, that such members, officers and employees shall be authorized to conduct fund-raising activities on behalf of the corporation following notice to the state ethics commission.
Section 3. The board shall select a qualified individual to act as president and chief executive officer. The president shall present to the board for its approval an annual budget, a staffing plan, and an operating plan. The president shall, subject to the approval of the board, supervise the employees of the corporation and of the zoos, and shall have the power to hire and terminate.
management; affirmative action plan Section 4. The corporation shall have the authority to develop a flexible professional personnel system as necessary to attract and hire qualified professional employees to enhance the zoos. The corporation shall establish said professional personnel system, in consultation with the human resources division within the executive office for administration and finance. The corporation shall set, in consultation with said division, salary scales and establish job classifications for its employees which shall not be subject to the provisions of section forty-six of chapter thirty. The corporation shall possess the management flexibility to establish employment qualifications and to remove and or discipline its employees. The corporation shall establish professional standards of performance and conduct for its employees. All corporation employees shall have the authority to solicit and collect both private and public donations, grants, bequests and devises, conditional or otherwise, of money, real and personal property, services or other things of value on the corporation’s behalf and for the corporation’s benefit, consistent with the provisions of section four chapter two hundred and sixty-eight A. Neither the corporation nor any of its officers, members, agents, employees, consultants or advisors shall be subject to the provisions of section three B and sections fifteen through twenty-nine inclusive, of chapter seven; sections nine A, forty-five, forty-six C through H, and fifty-two, of chapter thirty; and chapter thirty-one; provided, that in purchasing products or services, the corporation shall at all times follow generally accepted business practices.
The corporation shall be an equal opportunity employer and shall not discriminate in employment practices on the basis of race, creed, color, sex, national origin or physical handicap. The corporation shall establish an affirmative action plan intended to recruit qualified minorities and women into all job levels at the zoos. In making hiring decisions, the corporation shall give preference to persons residing in the municipalities in which the zoos are geographically located.
The corporation shall be subject to section one and chapter one hundred and fifty-one B, shall be deemed to be an agency of the commonwealth for purposes of section two, and shall be subject to the enforcement jurisdiction of the commission against discrimination under said chapter one hundred and fifty-one B. The corporation shall develop policies and programs for affirmative action in employment, procurement and contracting in accordance with law and consistent with general policies and programs of the commonwealth.
Section 5. The corporation shall have the following powers:(a) to make, amend, and repeal bylaws, rules and regulations for the management of its affairs;(b) to adopt an official seal;(c) to make contracts and execute all instruments necessary or convenient for the carrying on of its business;(d) to acquire, own, hold, and encumber personal property of any nature or any interest therein in the exercise of its powers and performance of its duties under this chapter; provided, however, that the disposal of any property shall be subject to the approval of the commissioner;(e) to enter into agreements or transactions with any federal, state or municipal agency or other public institution or with any private individual, partnership, firm, corporation or other entity;(f) to appear on its own behalf before boards, commissions, departments, or other agencies of federal, state or municipal governments;(g) to appoint officers in addition to the members;(h) to invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in such investments as may be lawful for fiduciaries in the commonwealth pursuant to section thirty-eight A of chapter twenty-nine;(i) to accept, hold, use, apply and dispose of any and all donations, grants, bequests and devises, received by the corporation, conditional or otherwise, of money, real and personal property, services or other things of value which may be received from the United States or any agency thereof, any governmental agency, any institution, person, firm or corporation, public or private, such donations, grants, bequests and devises to be held, used, applied, or disposed of for any or all of the purposes specified in this chapter and in accordance with the terms and conditions of any such grant; and provided, that notwithstanding the provisions of section thirty-four A of chapter ninety-two, the corporation shall have full control over the funds of MetroZoos Zoological Trust Fund; and provided further, that notwithstanding the provisions of any general or special law to the contrary, the corporation shall have full control over the funds of the Franklin Park Trust Fund. Receipt of each such donation or grant shall be detailed in the annual report of the corporation; such annual report shall include the identity of the donor or lender, unless anonymity is a condition of the gift, the nature of the transaction and any conditions attached thereto and the account in which the deposited funds are located;(j) to develop zoological membership programs;(k) to fix, revise, charge and collect rents, fees and charges for the use of either zoo or its appurtenances by any user;(l) to prepare, publish, distribute, with or without charge as the corporation may determine, such newsletters, reports, bulletins and other materials regarding the zoos and their activities as it deems appropriate;(m) to charge and retain admissions to each zoo; provided, that the zoos be open to all Massachusetts primary and secondary school groups at no admission charge on a scheduled basis;(n) to prepare and approve master plans for either zoo or modifications thereto; provided, that such approvals shall have the written concurrence of the director;(o) to expend monies for the benefit of the activities described herein; provided, that programs, purchases or projects with aggregate annual expenditures in excess of two hundred and fifty thousand dollars, exclusive of staff salaries, routine maintenance, utilities, and animal care costs, shall require the written concurrence of the director;(p) to retain qualified personnel among its employees to provide security within the zoos; provided, however, that those employees shall not exercise any police powers; provided, further, that full police jurisdiction shall remain with the state police at the zoos and for all property under the care, custody and control of the corporation; provided, further, that the state police and the corporation shall enter into a memorandum of understanding that the police shall maintain an average level of service at each zoo which shall not be less than the average level of service previously provided during the month of July, nineteen hundred and ninety; and provided, further, that the corporation shall be permitted to retain said police on a paid detail basis, as requested, beyond said normal police coverage as specified in the memorandum of understanding;(q) The board of directors through its by-laws may create a board of trustees. The board of trustees will consist of the number of persons the board of directors deems appropriate. Trustees shall be elected by majority vote of the board of directors pursuant to a nomination process established by the board of directors through its by-laws; provided, that the trustees shall serve without compensation. Eligibility for trusteeship shall be established by the board of directors utilizing its sound discretion to broadly include individuals who through volunteer efforts donate time, expertise, knowledge, financial resources, or other things of value which enrich the zoos as valuable community, educational, cultural, recreational and environmental institutions.
(r) Notwithstanding the provisions of any special or general law, the corporation is empowered to establish grant programs, subject to explicit state appropriation for that purpose, to assist publicly owned zoos within the commonwealth including, but not limited to, the Buttonwood Park Zoo in New Bedford and the Forest Park Children’s Zoo in Springfield. The corporation shall administer the program in accordance with such procedures, terms and conditions and criteria which the board deems appropriate for the fair and impartial review of applications from qualified public entities.
Section 6. The corporation shall have the following duties and obligations:(a) The corporation is hereby directed to maintain, repair, enhance and otherwise improve the zoos and their collections.
(b) The corporation shall develop within a reasonable time individual master plans for the operation and improvement of each zoo. The preparation and development of the plans may be undertaken in consultation with the franklin park zoo advisory committee and the middlesex fells zoological society and other interested citizens. The plans are to be used as a framework to revitalize each zoo and to ensure that the programs and collections of each zoo compliment one another.
(c) The corporation shall file with the secretary of the commonwealth to establish itself as a chartered nonprofit corporation within the commonwealth.
(d) The corporation shall file with the Internal Revenue Service to establish itself as a nonprofit corporation to ensure that contributions to the corporation are tax deductible.
(e) The corporation shall, to the best of its ability, raise funds and gifts of property or services or both from individuals, corporations, foundations and any other public or private entities for the purpose of enhancing, expanding and maintaining programs, exhibits, buildings, visitor services, and any other purpose consonant with the responsibilities outlined in this chapter. The corporation may establish gift shops, concessions, rentals, membership programs, publications, and other revenue raising devices to meet its obligations to raise funds for operating and capital purposes.
(f) The corporation shall maintain a detailed inventory of its personal property which it shall incorporate in its annual financial report.
(g) The corporation shall maintain detailed records of all expenditures, and may, if requested through the commission, continue to utilize the Massachusetts management, accounting, and reporting system.
The corporation is obligated to preserve and maintain the health, welfare, life quality and humane treatment of the animal populations of the zoos. In furtherance thereof, the corporation may consult with the members of the Boston chapter of the American Association of Zoo Keepers. The corporation may also consult with the Massachusetts Society for the Prevention of Cruelty to Animals, the United States Department of Agriculture, and the American Association of Zoological Parks and Aquariums, as well as local organizations having expertise in conservation, education and management issues relating to zoos, with regard to the animal collection.
Section 7. The corporation shall operate on the same fiscal year as the commonwealth and shall annually submit a detailed fiscal report of the corporation and the zoos’ activities within ninety days after the end of each fiscal year to the commission and to the clerks of the house of representatives and the senate and the house and senate committee on ways and means.
Section 8. The books and records of the corporation shall be audited biennially by an independent source chosen by the commission, at the expense of the corporation. The director may, at any time, request an audit to be done in addition to the biennial audit.
Section 9. The corporation may request financial assistance from the commonwealth for any capital projects undertaken at the zoos. Capital projects shall not include routine maintenance and minor repairs. The corporation shall consult with the division of capital asset management and maintenance when undertaking any capital construction projects or major renovations costing in excess of twenty-five thousand dollars; provided, however, that the corporation shall not be subject to the provisions of sections thirty-nine A to forty N inclusive, of chapter seven and sections twenty-seven and twenty-seven A to twenty-seven G, inclusive, and sections forty-four A to forty-four J inclusive, of chapter one hundred and forty-nine if funded from sources other than the commonwealth.
Chapter 81: Section 1. Powers and duties Section 1. The department of highways, in this chapter called the department, shall compile statistics relative to the public ways of counties, cities and towns, and make such investigations relative thereto as it considers expedient. It may be consulted by, and shall without charge advise, officers of counties, cities or towns having the care of and authority over public ways as to their construction, maintenance, alteration or repair; but such advice shall not impair the legal duties and obligations of any county, city or town. It shall prepare maps of the commonwealth on which shall be shown county, city and town boundaries, the public ways and the state highways, with their names if practicable, and may sell such maps or other maps prepared by it from time to time in connection with the work under its charge relative to highways at such prices and on such conditions as it may determine. It shall collect, collate and make available, geoscience data of the commonwealth, for the purpose of aiding in the search for and evaluation of reserve sources of water, gas, materials suitable for road building and all other minerals within the land and water boundaries of the commonwealth, the location of which it shall, so far as practicable, designate on maps which shall be open to inspection by the public. It shall give public notice of and hold at least one public meeting annually in each county for the open discussion of questions relative to the public ways.
Chapter 81: Section 10. Contributions by cities and towns Section 10. The mayor, selectmen or road commissioners or the board or officer having charge of the maintenance and care of highways, if so authorized by the city council or by the town, may agree in writing, in behalf of such city or town, to contribute money, labor or materials toward the cost of any state highway which the department proposes to lay out and construct within such city or town.
Chapter 81: Section 11. Acquisition of land to supply road materials Section 11. The department shall have the same power as aldermen, selectmen or road commissioners in relation to the purchase or taking of land to furnish materials for the construction, repair or improvement of public ways in the manner provided in section thirty-eight of chapter eighty-two; provided, that all contracts for such purchase and all takings by the department shall first be approved by the governor and council. Such purchases or taking shall not operate in any way to interfere with the control of the police departments of the various municipalities within the land so taken. Land taken under this section shall be held and used for no other purpose than as specified herein; provided, that the department may allow county, city or town officers to use materials from such land for the above specified purposes upon such terms as may be agreed upon. For this purpose the department may expend not more than five thousand dollars in any year. Any person sustaining injury or damage by any taking of land or rights in land under this section may recover compensation therefor from the commonwealth under chapter seventy-nine.
Chapter 81: Section 12. Discontinuance or abandonment Section 12. The department, with the concurrence of the county commissioners, may discontinue as a state highway any way or section of way laid out and constructed under the provisions of section five by filing in the office of the county commissioners for the county and in the office of the clerk of the town in which such way is situated a certified copy of a plan showing the way so discontinued and a certificate that it has discontinued such way; and thereafter the way or section of way so discontinued shall be a town way. Said department may also abandon any land or rights in land which may have been taken or acquired by it by filing in the office of the county commissioners for the county and in the office of the clerk of the town in which such land is situated a certified copy of a plan showing the land so abandoned and a certificate that it has abandoned such land, and by filing for record in the registry of deeds for the county or district in which the land lies a description and plan of the land so abandoned; and said abandonment shall revest the title to the land or rights abandoned in the persons in whom it was vested at the time of the taking, or their heirs and assigns.
Chapter 81: Section 13. Duties of department; definition of state highway Section 13. State highways shall be maintained and kept in good repair and condition by the department at the expense of the commonwealth. The department shall keep all state highways reasonably clear of brush and shall cause suitable shade trees to be planted thereon if practicable. As used in this chapter, the term “state highways” includes such public roads in state forests, parks and reservations outside of the metropolitan parks district, and such public roads within the limits of any property under the control of any department, board or commission of the commonwealth, as may from time to time be designated by the department as roads for general public use and approved for such use by the executive head of the department, board or commission controlling such property. The department shall, subject to appropriation, construct, improve and maintain all roads on such property.
Chapter 81: Section 13A. Highway landscaping; acceptance of gifts of easements Section 13A. The department may accept in behalf of the commonwealth from owners of lands included in a strip one hundred feet deep bordering on a state highway voluntary gifts by deed or will of easements in such lands, giving the commonwealth the right to enter thereon at any time and in any manner for the purpose of landscaping such land by removing therefrom or rearranging thereon vegetable growths and surface minerals, by setting out and planting thereon vegetable growths, by depositing thereon minerals, by rearranging the contour of the land when deemed advisable, or by any or all of the foregoing methods. The department may improve lands in which such easements are granted, so as to carry out a comprehensive plan of highway beautification, artistic landscaping and scenic development, to the extent that appropriations are available therefor.
Such easements shall be accepted only on the condition that such lands shall remain fully subject to local taxation to the owners of the fee.
Chapter 81: Section 13B. Restoration, preservation and enhancement of scenic beauty and historic or archeological sites; facilities for traveling motorists Section 13B. The department may acquire by eminent domain under the provisions of chapter seventy-nine or by purchase or otherwise land and rights in land within or adjacent to federal-aid highways of the commonwealth for the purpose of restoring, preserving and enhancing scenic beauty, or, with the approval of the Massachusetts historical commission and subject to the availability of federal reimbursement, historic or archeological sites, and of providing publicly owned and controlled rest and recreation areas and sanitary and other facilities to accommodate the traveling public. The department may improve such lands, and may expend for the purposes of this section such sums as may be appropriated therefor.
Chapter 81: Section 14. Removal of trees and other obstructions near highways Section 14. The department, if it can obtain consent of the owner, shall remove the trees, limbs of trees, shrubbery or any structure or other obstacle from lands bordering upon state highways, which in its opinion obstruct the view of persons traveling upon the highway or make traveling thereon dangerous. If the owner does not desire the material which has been so removed, the department may sell or otherwise dispose of it. The department shall cause all debris resulting from any cutting or trimming done along the state highway, under authority of this or of any other chapter, to be disposed of in such manner that it will not constitute a fire menace to adjoining property.
Chapter 81: Section 15. Contracts for maintenance and repair Section 15. The department may contract with the town in which a state highway lies or with a private person or may make other provision for the maintenance and repair thereof in accordance with the regulations of the department and subject to its supervision and approval. Such contracts may be made without previous advertisement.
Chapter 81: Section 16, 17. Repealed, 1931, 349 Chapter 81: Section 18. Defects in highways; liability Section 18. The commonwealth shall be liable for injuries sustained by persons while traveling on state highways, if the same are caused by defects within the limits of the constructed traveled roadway, in the manner and subject to the limitations, conditions and restrictions specified in sections fifteen, eighteen and nineteen of chapter eighty-four, except that the commonwealth shall not be liable for injury sustained because of the want of a railing in or upon any state highway, or for injury sustained upon the sidewalk of a state highway or during the construction, reconstruction or repair of such highway. The amount which may be recovered for any such injury shall not exceed one fifth of one per cent of the valuation of the town in which the injury was received, nor shall it exceed four thousand dollars. Notice of the injury as required by law shall be given to a member of the department.
Chapter 81: Section 19. Jurisdiction of local police; snow removal Section 19. A town shall have police jurisdiction over all state highways within its limits. It shall forthwith give written notice to the department or its employees of any defect or want of repair in such highways; but it may make necessary temporary repairs of a state highway without the approval of the department.
The department shall at the expense of the commonwealth keep such state highways or parts thereof as it may select sufficiently clear of snow and ice to be reasonably safe for travel; and the town in which any such state highway or part thereof lies shall forthwith give written notice to the department or its employees of any failure to keep such highway or part thereof clear of ice and snow as aforesaid.
Chapter 81: Section 19A. Repealed, 1928, 357, Sec. 7 Chapter 81: Section 2. Road information; duties of local officials Section 2. County commissioners and city and town officers who have the care of and authority over public ways shall, on request, furnish the department with any information required by it concerning such ways.
Chapter 81: Section 20. Sidewalks Section 20. The department shall from time to time construct sidewalks along such parts of the state highways as it determines public convenience and necessity require. Sidewalks may also be constructed along state highways and maintained in accordance with sections twenty-five and twenty-six of chapter eighty-three.
Chapter 81: Section 20A. Illumination of highways Section 20A. The department may illuminate, or cause to be illuminated, by means of highway lighting, traffic circles, traffic underpasses, traffic overpasses, traffic islands and other locations in the state highways wherever, in its opinion, such illumination is necessary for the safety of the travelling public.
Chapter 81: Section 21. Excavations or driveway openings on state highways; conditions; enforcement Section 21. No state highway shall be dug up, nor opening made therein for any purpose, nor shall any material be dumped or placed thereon or removed therefrom, and no tree shall be planted or removed or obstruction or structure placed thereon or removed therefrom or changed without the written permit of the department, and then only in accordance with its regulations, and the work shall be done under its supervision and to its satisfaction, and the entire expense of replacing and resurfacing the highway at the same level and in as good condition as before, with materials equal in specifications to those removed, shall be paid by the persons to whom the permit was given or by whom the work was done; but a town may dig up a state highway without the approval of the department in case of immediate necessity; but in such cases it shall forthwith be replaced in as good condition as before at the expense of the town and the town shall notify the department by registered mail, return receipt requested, within seven days of the excavation. In the case of a driveway opening on a state highway, the said department shall not grant a permit for a driveway location or alteration if the board or department in a city or town having authority over public ways and highways has notified the department by registered mail, return receipt requested, of their objection to the driveway; provided, that such objection shall be based on highway safety and accepted by the said department. The department may require a bond to guarantee the faithful and satisfactory performance of the work and payment for any damage to state highways and facilities caused by or resulting from the operations authorized by such permit. The amount of said bond shall be determined by the department not to exceed the estimated cost of the work and possible damage, but shall be not less than two thousand dollars nor more than fifty thousand dollars. Except in case of an emergency no permit for digging up or opening any state highway shall be approved or issued by the department until copies of the notices to public utility companies required by section forty of chapter eighty-two have been filed with the department by the applicant for such permit.
Any person who builds or expands a business, residential, or other facility intending to utilize an existing access or a new access to a state highway so as to generate a substantial increase in or impact on traffic shall be required to obtain a permit under this section prior to constructing or using such access. Said person may be required by the department to install and pay for, pursuant to a permit under this section, standard traffic control devices, pavement markings, channelization, or other highway improvements to facilitate safe and efficient traffic flow, or such highway improvements may be installed by the department and up to one hundred per cent of the cost of such improvements may be assessed upon such person.
The department may issue written orders to enforce the provisions of this section or the provisions of any permit, regulation, order, or approval issued under this section. Any person who violates any provision of this section or any permit, regulation, order or approval issued thereunder (a) shall be punished by a fine of not more than one thousand dollars per day for each such violation or (b) shall be subject to a civil penalty not to exceed one thousand dollars per day for each such violation; provided, however, that each day such violation occurs or continues shall be a separate offense. The superior court shall have jurisdiction, upon petition of the commissioner of the department, to enforce the provisions of this section or of any permit, regulation, order, or approval issued thereunder.
Chapter 81: Section 22. Prescriptive rights of adjoining owners Section 22. No length of possession, or occupancy of land within the limits of a state highway by an owner or occupant of adjoining land shall give him any title thereto, and any fences, buildings or other objects encroaching upon a state highway shall, upon written notice by the department, be removed within fourteen days by the owner or occupant of adjoining land, and if not so removed, the department may either remove the same to such adjoining land or such encroaching objects, other than a building used for residential purposes, may be removed by the department forces and shall be placed in the nearest maintenance area of the department. Notice by certified mail, return receipt requested shall be given to the owner stating where such encroaching object is located and further stating that if not claimed within three weeks said object may be destroyed.
Chapter 81: Section 23. Repealed, 1925, 288, Sec. 2 Chapter 81: Section 24. Authorization Section 24. The department may, whenever any money is appropriated by the general court for its use in the construction or improvement of any particular way, expend such money in constructing or improving the whole or such part of said way as it deems best, either upon the location of the existing way or upon any new location that may be established by the county commissioners or the selectmen, and no part of the way so improved shall thereby become a state highway or be maintained as such. The department may, however, lay out the whole or any part of any such way as a state highway.
Chapter 81: Section 25. Maintenance Section 25. When any public way has been constructed or improved in whole, or in part, with money furnished by the commonwealth, and the way is not laid out as a state highway, the town in which the way lies shall thereafter keep and maintain in good repair and condition that part of the way which has been so constructed or improved; and the expense thereof shall be borne by the town or county, or both, as may be agreed upon at the time such construction or improvement is undertaken, except as otherwise provided in section twenty-six of this chapter and in paragraph 2(a) of section thirty-four of chapter ninety. If the department shall determine at any time that such way is not being maintained in proper condition, it shall so notify the mayor or selectmen having charge of the repairs of said way and the county commissioners, and shall specify in said notice what repairs and improvements are necessary; and the officials in charge of the way shall forthwith proceed to make the specified repairs and improvements. If said officials do not make such repairs or improvements within fifteen days from the receipt of such notice, or within such further time as the department may allow, the department may proceed to have the repairs or improvements made, and may pay for the same from any money which may be available for the repair and maintenance of state highways. The department shall annually, in January, certify to the state treasurer the amount of such expenditures during the preceding year. So much of the expenditures as by agreement are to be paid by the towns shall be made a part of the state tax for such towns; and so much of the expenditures as by agreement are to be paid by the counties shall be paid by the county treasurers to the state treasurer. The department may embody the provisions of this section in all contracts and agreements for work to be done in the construction or improvement of public ways, other than state highways, constructed or improved in whole, or in part, with money furnished by the commonwealth.
Chapter 81: Section 26. Maintenance of ways in small towns Section 26. There may be expended for the repair and improvement of public ways, other than state highways, in towns having valuations of less than five million dollars, as established by the valuations made for the purpose of apportioning the state tax as appearing in chapter five hundred and fifty-nine of the acts of nineteen hundred and forty-five and in which the proportionate amount paid by such towns of every million dollars of such tax as established and apportioned in said chapter five hundred and fifty-nine, divided by the number of miles of such public ways, hereinafter known as the road mileage ratio, is less than twelve dollars, such sums not exceeding two hundred and fifty dollars per mile as the general court may appropriate therefor; provided, that such towns shall contribute or make available for use in connection therewith the following amounts for each mile of public ways within their respective limits, according to the following schedule based on their road mileage ratio:—1. Less than one dollar and forty cents, fifteen dollars.
2. One dollar and forty cents and less than two dollars, twenty-five dollars.
3. Two dollars and less than two dollars and eighty cents, forty dollars.
4. Two dollars and eighty cents and less than three dollars and fifty cents, fifty dollars.
5. Three dollars and fifty cents and less than five dollars and fifty cents, seventy-five dollars.
6. Five dollars and fifty cents and less than seven dollars, one hundred dollars.
7. Seven dollars and less than nine dollars, one hundred and twenty-five dollars.
8. Nine dollars and less than twelve dollars, one hundred and fifty dollars.
The amounts appropriated as aforesaid and contributed by the towns shall be expended under the direction of the department of highways on such ways as said department and the selectmen of the towns may agree upon.
The department shall withhold or withdraw the unexpended balance of any funds assigned by it under this section or section twenty-five if the town fails to comply with the official standards for traffic control established by the department or with any provision of a traffic control agreement negotiated between the department and the town, as required by the United States Secretary of Commerce under section 109 of Title 23 of the United States Code.
The cost of snow removal upon such ways in any such town, including amounts paid as rental for trucks and other equipment, and, at hourly rates approved by the department of highways, charges for the use of trucks and other equipment owned by such town, and the cost of sanding such ways in any such town may be paid from the amounts so appropriated and contributed, at the rate of not more than seventy-five dollars per mile.
Chapter 81: Section 26A. Maintenance of ways in small towns; contributions by county Section 26A. The county commissioners of the county wherein any public way is to be repaired or improved under the provisions of the preceding section may contribute and expend county funds therefor in accordance with such agreements as the commissioners may make with the department and the selectmen of the town. Said county funds may be paid to the department or to the town from time to time as the work progresses, to the extent that the said commissioners are satisfied that the work for which agreements have been made is being done in accordance therewith. Such contributions or expenditures by a county shall not render it liable for defects in any way or for damages to persons traveling thereon, and when the work of repair or maintenance for which such contribution or expenditure is made is completed, there shall be no further obligation on the part of the county as to the repair and maintenance thereof until a further contribution is made by the county commissioners for such purpose.
Chapter 81: Section 27. Maintenance costs; conditions of payment Section 27. Expenditure of state funds under section twenty-six shall be made only upon the written petition of the selectmen, containing such information as the department may require.
Chapter 81: Section 28. Maintenance of ways in small towns; performance of contract Section 28. The said towns may contract with the department for the performance of the work authorized by section twenty-six; or, if the selectmen so request, the department may have the work done by such persons and in such manner as it may determine, in which event the towns shall pay their proportionate part of the expense when and as ordered by the department. The cost of any materials, machinery or tools purchased by the department for or on account of the work in any town shall be considered as a part of the expenditures in such town under section twenty-six; and such machinery or tools shall belong to the commonwealth.
Chapter 81: Section 29. Maintenance of ways in small towns; determination of town’s contribution Section 29. The department shall determine, ad nearly as possible, the number of miles of such public ways in towns entitled to the benefits under section twenty-six, and shall inform the selectmen of such towns of the contributions required from them under said section.
Chapter 81: Section 29A. Laying out or altering ways; consent, acquisition, funds Section 29A. The department may lay out or alter ways other than state highways in any county, city or town provided that the county commissioner of the county, or the mayor of the city or the board of selectmen of the town consents thereto. Land or rights in land may be acquired for this purpose by eminent domain under chapter seventy-nine by the department in behalf of the county, city or town in which the land lies. Any person whose property has been taken or injured by any action of said department under authority of this section may recover from the commonwealth under chapter seventy-nine such damages therefor as he may be entitled to. For this purpose the department may use any funds which may be available for highway purposes, including federal aid, and may also use any money appropriated for a county, or by a city or town, toward the damages sustained, provided that the county commissioners, selectmen or mayor have agreed in writing to pay the money thus appropriated upon the order of the department.
Chapter 81: Section 3. Purchase and maintenance of road machinery; storage quarters Section 3. Steam road rollers and other road machinery, purchased by the department and owned by the commonwealth shall be managed and maintained under the direction of the department, which may engage competent engineers and mechanics to operate and keep said machines in repair, may purchase all needed materials and supplies, and may incur such other expenses as may be necessary to operate, maintain and transport said machines. Upon the application of the selectmen or road commissioners of a town of not more than twelve thousand inhabitants, the department may furnish such road machinery for use by the town in building or repairing ways therein. The expenses incurred under this section shall be paid by the towns using said machines, as apportioned and directed by the department. For the purpose of providing suitable quarters for the storage of supplies, the storage and repair of road rollers and other road machinery and tools and other equipment owned by the commonwealth and for the construction, operation and maintenance of inter-departmental communications systems, the department may, subject to the approval of the governor and council, take by eminent domain or acquire by purchase or gift land and buildings and construct or alter buildings or other structures on any land so acquired. Any person whose property has been taken or injured by any action of the department under authority of this section may recover compensation therefor from the commonwealth under chapter seventy-nine.
Chapter 81: Section 30. Use of federal aid for highways and rural post roads Section 30. The department may make all contracts and agreements and do all other things necessary to co-operate with the United States in the construction and maintenance of highways, under an act of congress approved on July eleventh, nineteen hundred and sixteen, entitled “An Act to provide that the United States shall aid the states in the construction of rural post roads, and for other purposes”, as amended and supplemented, and submit such plans, estimates and programs for the improvement of highways as will meet the requirements of the secretary of commerce under said act, and it may use therefor any funds which may be available for the construction and maintenance of state highways, and may make any agreements or contracts that may be required to secure federal aid in the construction of highways under the provisions of the act of congress aforesaid, and of all other acts in amendment thereof, or in addition thereto, and may, in such agreements or contracts, provide, among other things, for such labor preferences to honorably discharged soldiers, sailors and marines as are made necessary by federal legislation, and may provide that no other preference or discrimination among citizens of the United States shall be made in connection with the expenditure of any money received from the federal government by virtue of the said legislation, and also any money received from the United States on account of the construction of highways. The department may also, for the purpose of securing federal aid, use any money appropriated by a county, city or town for the construction of a way or any part thereof for which federal aid may be secured, and make contracts or agreements involving the expenditure of said money, provided the county commissioners or the selectmen or duly authorized officials of the city or town have agreed in writing to pay the money thus appropriated upon the order of the department. The department may also maintain the roads constructed under this section or said act of congress, from any money appropriated by the general court for the maintenance of state highways or for the repair or maintenance of other public ways.
Chapter 81: Section 31. Apportionment of fund; equalizing grant; definitions: notifications of amounts apportioned and to be incurred Section 31. The portion of the Highway Fund allocated for reimbursements to cities and towns for costs actually incurred in constructing, maintaining and policing city or town streets or roads shall annually be apportioned among the several cities and towns as follows:(a) The amount apportioned to each city and town in any calendar year shall be the amount of the “equalizing municipal highway grant” for such city or town multiplied by the number of miles of streets and roads in such city or town. The “equalizing municipal highway grant” for such city or town shall be the total of a basic mileage allowance of four hundred dollars plus an additional road-use allowance of seven dollars per motor vehicle per road mile less an equalizing deduction of ten cents per thousand dollars of equalized valuation per mile.
[There is no clause (b).
] For the purposes of this section, the following words shall have the following meaning:—(1) “Streets and roads in such city or town”, the total mileage, to the nearest one hundredth of a mile, of public ways, other than state highway, in such city or town, as determined by the most recent mileage survey conducted by the commissioner of highways; and said commissioner is directed to conduct such survey annually.
(2) “Motor vehicles per road-mile”, the total number of motor vehicles registered and garaged in such city or town, exclusive of re-issues, as determined annually by the registrar of motor vehicles, divided by the total mileage, to the nearest one hundredth of a mile, of public ways, other than state highway, in such city or town, as determined by the most recent mileage survey conducted by the commissioner of highways.
(3) “Equalized valuation per mile”, the equalized valuation of the aggregate property in such city or town subject to local taxation, as most recently reported by the commissioner of revenue to the General Court under the provisions of section ten C of chapter fifty-eight, divided by the total mileage, to the nearest one hundredth of a mile, or public ways, other than state highway, in such city or town.
The commissioner of highways shall annually notify the commissioner of revenue of the amounts apportioned to each city or town under this section; provided, however, that the sum payable to each city or town shall be used solely to reimburse such city or town for the costs actually incurred during the fiscal year of such city or town in constructing, maintaining and policing city or town streets or roads and shall not exceed the amount so incurred by such city or town.
The mayor of each city and the selectmen of each town shall notify the commissioner of highways in writing of the amount that will be incurred during the fiscal year of such city or town for constructing, maintaining and policing city or town streets or roads. The commissioner of highways shall annually, on or before December first, certify to the commissioner of revenue the amounts approved for payment to each city or town under this section in each fiscal year.
Chapter 81: Section 32. Definitions Section 32. For the purposes of reimbursing cities and towns for the costs actually incurred in constructing, maintaining and policing city or town streets or roads as provided in section thirty-one the following words shall have the following meanings:—(a) “Constructing”, all operations on the travelled way on new location or where considerable reconstruction is to be undertaken, including resurfacing and other work incidental to the above, such as shoulders, side road approaches, roadsides, drainage, structures, sidewalks, traffic control and service facilities, intersection construction, and unusual or disaster operations and professional services, or for such other purposes that the commissioner of highways may specifically authorize.
(b) “Maintaining”, all operations on the travelled way including scarifying, reshaping, applying dust palliatives and restoring material losses; patching, mudjacking, joint filling, surface treating, etc. and replacement in kind; other work such as restoration of erosion controls; reshaping drainage channels and side slopes; mowing; tree trimming; replacing topsoil, sod, shrubs, curbing, gutters, riprap, underdrains, culverts; cleaning and repairing culverts; cleaning; painting and repairing of structures; replacement of rail, floors, stringers and beams of structures; replacement of walls and the repairing of drawbridges; removal of snow and ice and related operations such as sanding, chemical applications, etc.
; the erection of snow fences and the opening of inlets clogged with snow and ice; removal of litter from the roadsides and drainage; operation of drawbridges charged to highway traffic; painting, repairing and replacement in kind of signs, guardrail, signals, lighting standards, etc.
; maintenance and replacement in kind of rest areas; servicing of and furnishing power and light bulbs for highway lighting and traffic control devices; roadside cleaning operations; operation of roadside areas, towing service, information booths, etc.
; or for such other purposes that the commissioner of highways may specifically authorize.
(c) “Policing”, all operations on the travelled way by city or town law enforcement officials having to do with the direction or control of traffic thereon and such other purposes as the commissioner of highways may specifically authorize.
Chapter 81: Section 4. Petition Section 4. If county commissioners, aldermen or selectmen adjudge that public necessity and convenience require that the commonwealth lay out and take charge of a new or existing way as a highway in whole or in part, in their county, city or town, they may apply, by a written petition, to the department, requesting that said way be laid out and taken charge of by the commonwealth.
Chapter 81: Section 5. Filing of highway plan; right to abandon or discontinue; width of highway Section 5. If the department determines, after public notice and a hearing of all parties interested, that public necessity and convenience require that a way should be laid out or be taken charge of by the commonwealth, it shall file in the office of the county commissioners for the county where the way is situated a certified copy of a plan thereof and a certified copy of a certificate that it has laid out and taken charge of said way in accordance with said plan, and shall file in the office of the clerk of each town where the way is situated a copy of the plan showing the location of the portion lying therein and a copy of the certificate that it has laid out and taken charge of said highway in accordance with said plan, and thereafter said way shall be a state highway, and shall be constructed by the department at the expense of the commonwealth; but any state highway so laid out and constructed may be abandoned or discontinued as provided in section twelve. The width of a state highway shall be such as the department deems necessary. If the width of a state highway be less than that of the way previously existing, that portion of the way which lies between the boundary or location lines of the state highway and the boundary lines of the way previously existing shall remain a public way unless the department determines that it should be abandoned, or the county commissioners of the county, or the city or town in which the way is situated, having jurisdiction of the way, abandon at any time said portion in the manner provided by law for the alteration, relocation or discontinuance of public ways.
Chapter 81: Section 6. Alteration of location Section 6. The department may alter the location of a state highway in a city or town by filing a plan thereof and a certificate that the department has laid out and taken charge of said state highway, as altered in accordance with said plan, in the office of the county commissioners for the county where said highway is situated, and by filing a copy of the plan or location as altered in the office of the clerk of such city or town.
Chapter 81: Section 7. Acquisition of land outside limits of existing highway Section 7. If it is necessary to acquire land for the purposes of a state highway outside the limits of an existing public way, the department may take the same by eminent domain on behalf of the commonwealth under chapter seventy-nine. When injury has been caused to the real estate of any person by the laying out or alteration of a state highway, he may recover compensation therefor from the commonwealth under chapter seventy-nine. The mayor, if so authorized by the aldermen, or the selectmen, if so authorized by the town, may stipulate in writing in behalf of the city or town to indemnify and save harmless the commonwealth against all claims and demands for damages which may be sustained by any persons whose property has been taken for, or has been injured by the laying out or alteration of, any highway which the department proposes to lay out and construct or alter as a state highway, and thereupon such city or town shall be liable ultimately for the amount of any verdict against the commonwealth for such damages, and for costs, and the amount thereof may be recovered by the commonwealth in contract.
Chapter 81: Section 7A. Acquisition of land to alter or relocate ways connecting with state highways Section 7A. In connection with the laying out, alteration or reconstruction of a state highway, the department may alter or relocate connecting ways as may be necessary. Land or rights in land may be acquired for this purpose by eminent domain under chapter seventy-nine by the department in behalf of the city or town in which the land lies, or in behalf of the commonwealth, at the option of the department. The department may take or acquire by eminent domain under said chapter, easements in land outside the location of limited access state highways, said easements to be taken in behalf of those owners of land abutting said highways, whose rights of access to and egress from their land, and any other rights necessary to make the same available for use, will become inoperative due to the construction of said highway. Control of the land or rights in the land acquired under this section shall not vest in the city or town until such time as the work for which the land or rights in land have been acquired has been completed by said department, except that the city or town shall be responsible for snow and ice control on such portions of the highway as may be opened to traffic prior to final completion or acceptance of the project. Any person whose property has been taken or injured by any action of said department under authority of this section may recover from the commonwealth under chapter seventy-nine such damages therefor as he may be entitled to.
Chapter 81: Section 7B. Acquisition of slope easement to protect existing ways Section 7B. Wherever in this chapter the department is authorized to take land by eminent domain under chapter seventy-nine, in connection with the laying out, widening or relocating of a public way, the department shall be authorized to take, or institute proceedings for the taking of, an easement in land adjoining the location of the public way consisting of the right to have the land of the location protected by having the surface of the adjoining land slope from the boundary of the location.
Chapter 81: Section 7C. Limited access ways; definition; acquisition of land; motorist service facilities Section 7C. If the department determines that public necessity and convenience require that a limited access way shall be laid out, it shall lay out such way in the same manner as state highways. A limited access way is hereby defined to be a highway over which the easement of access in favor of abutting land exists only at such points and in such manner as is designated in the order of laying out. All the provisions of law in regard to the laying out, relocation, alteration or discontinuance of state highways and to damages therefor shall apply to limited access ways. If a limited access way is laid out in whole or in part in the location of an existing public way, the owners of land abutting upon such existing public way shall be entitled to recover damages under chapter seventy-nine for the taking of or injury to their easements of access to such public way. No highway, town way or private way shall be laid out by county commissioners, by the selectmen of a town or by the appropriate officer or board of a city which crosses, enters upon or unites with a limited access way, without the consent in writing of the department. In connection with the laying out or alteration of a limited access highway, the department may take in fee or otherwise, by purchase, gift, devise, or by eminent domain under chapter seventy-nine, land or rights in land adjoining the highway location whose right of access has been acquired and may provide for abutting motorist information service facilities and comfort stations.
The department is authorized to provide information services which may include indoor commercial and non-commercial advertising displays, directories, bulletin boards, wall maps, and the building wherein such services are provided shall be staffed with attendants for the convenience, necessity and safety of the traveling public on limited access highways. The building within which such information services are provided shall be operated, and maintained internally, by a person, firm, corporation, county, municipality or other state department or agency. In the event that an information center is to be operated and maintained by a person, firm, corporation, county, municipality or other state department or agency, the department, subject to rules, regulations and standards determined by the department and the department of economic development and with the approval of the Federal Highway Administration, is authorized to enter into a lease or memorandum of understanding for a term of years or on terms which the department deems appropriate regarding the operation and maintenance of such information centers and the operation and maintenance of adjacent sanitary facilities.
All income due the department from leases authorized by this section shall be paid to the state treasurer and credited to the highway fund.
The office of travel and tourism shall be designated by the department as the agent to participate with the department in the selection of lessees and to oversee the operation of information centers and control advertising in accordance with lease agreements, subject to approval by the Federal Highway Administration.
Chapter 81: Section 7D. Public utility easements and cattle passes Section 7D. The department may grant easements within state highway locations for wires, pipes, poles, conduits and cattle passes.
Chapter 81: Section 7E. Sale, transfer, lease or rental of excess lands Section 7E. The department may sell at public or private sale any land, or rights in land, the title to which has been acquired by the department for highway purposes, upon determination by the board of commissioners of said department that such land or rights in land are no longer necessary for state highway purposes. In the event of such public or private sale the department shall execute a deed thereof, with or without covenants of title and warranty, in the name and behalf of the commonwealth, to the purchaser, his heirs and assigns, and deposit said deed with the state treasurer, together with a certificate of the terms of the sale and the price paid or agreed to be paid at said sale. Upon receipt of said price, and upon the terms agreed to in said deed, the treasurer shall deliver the deed to said purchaser. The state treasurer may, by the attorney general, sue for and collect the price and otherwise enforce the terms of any such sale.
The department may, with the approval of the governor, transfer to another department, or to a city, town, or public authority or agency, any land the title to which has been acquired by it and which said board of commissioners determines is no longer necessary for state highway purposes.
The department may also, with the approval of the governor, lease or rent any land, or rights in land, the title to which has been acquired by it, and which land, or rights therein, said board of commissioners determines are not presently needed for state highway purposes.
The foregoing provisions of law with reference to the sale, leasing or renting of land acquired by the department, shall also apply to land, or rights in land, acquired by the department for maintenance sites; provided, however, that nothing contained in this section shall be construed as affecting in any way the powers, rights and duties set forth in section seven H.
In addition to the foregoing, the department may also transfer to another state department, land acquired from said state department for highway construction or reconstruction, which is no longer needed for said purposes. Said land shall be subject to such restrictions as may be imposed by the department for the use thereof.
Chapter 81: Section 7F. Entry on private land for purpose of surveys, soundings, drillings and examinations Section 7F. Whenever the department deems it necessary to make surveys, soundings, drillings or examinations to obtain information for or to expedite the construction of state highways or other projects under its jurisdiction, the department, its authorized agents or employees may, after due notice by registered or certified mail, enter upon any lands, waters and premises, not including buildings, in the commonwealth for the purpose of making surveys, soundings, drillings and examinations as they may deem necessary or convenient for the purposes of this act, and such entry shall not be deemed a trespass nor shall an entry for such purposes be deemed an entry under any condemnation proceedings which may be then pending. The department shall make reimbursement for any injury or actual damage resulting to such lands, waters and premises caused by any act of its authorized agents or employees and shall so far as possible restore such lands to the same condition as prior to the making of such surveys, soundings, drillings or examinations.
Chapter 81: Section 7G. Relocation of public utilities; purchase of lands and easements Section 7G. Whenever, in connection with the laying out, widening, relocating, constructing or altering of a public way by the department, land or an easement therein owned by a public utility company is taken by the department by eminent domain under chapter seventy-nine, thereby necessitating the relocation of the facilities of such company, the department may acquire by purchase or otherwise or take by eminent domain under chapter seventy-nine such land or easements therein as such company may designate for the relocation of such facilities, and convey the same to such company. Such conveyance shall be in lieu of any damages for the value of the land or easements therein of such company so taken by the department, not including, however, any damages for the cost of such relocation for which the commonwealth may be liable.
Chapter 81: Section 7H. Lease of lands for public parking facility Section 7H. Notwithstanding any other provision of law, the department may, with the approval of the governor and council, lease land adjacent to, over or under a state highway for use as a public parking facility; provided, however, (1) the term of any such lease shall not exceed five years (2) the provisions of section eight A of chapter twenty-nine relative to notice of and proposals for any contract in excess of five thousand dollars for work under the supervision or control of the department shall apply to such leases (3) the lessee has filed with the department a statement under oath containing the names and addresses of the officers and directors in the case of a corporation, or of the person or persons in the case of a partnership or other voluntary association, or of any other person or persons, having any financial or beneficial interest in said lease (4) the lessee shall within thirty days after any change in the stockholders or persons holding any such interest file a statement thereof under oath with the department and (5) no such lease shall be renewed or extended except in accordance with the provisions of this section applicable to a new lease.
Whoever wilfully violates any provision of this section shall be punished by a fine of not more than one thousand dollars.
Chapter 81: Section 7I. Agreements with railroads, transit authorities or other public authorities or municipalities regarding relocation or other work; advancement of funds Section 7I. The department is hereby authorized to enter into agreements with railroad corporations, transit authorities or other public authorities or municipalities for the purpose of performing any work which may be necessary in connection with the construction of highways, roads, bridges and other public works undertaken by said department whenever such construction or work entails relocation, alteration or other work on the tracks, bridges, roads, pipes, sewers, conduits, wires, or other property of such railroad corporation, transit authority or other public authority or municipality and which may disrupt the free flow of public transportation. Whenever any such agreement provides that a railroad corporation, transit authority or other public authority, and municipality perform such construction or work for which the commonwealth is obligated to assume a part of the cost, the agreement may provide for the monthly advancement by the department to such railroad corporation transit authority or other public authority or municipality of funds covering the estimated cost of such construction or work then in progress.
Chapter 81: Section 7J. Relocation assistance; acquisition of real property; payments; compliance with federal acts Section 7J. In any federally aided program, the department of highways, in this section referred to as the department, is hereby authorized and directed to do all things necessary to comply with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91–646), as amended and supplemented, or with any other federal act relating to relocation assistance or acquisition, insofar as the federal government requires compliance with said Public Law 91–646 or said other federal acts in order to receive said federal aid. Under a federally aided program, in relation to any person whose real property is acquired, in whole or in part, by the department for a highway purpose, or any person lawfully occupying real property acquired by the department for highway purposes, or any person who vacated real property at the written request of the department because of a proposed acquisition for highway purposes, the department is hereby authorized and directed to make such payments, provide such assistance and do such other things as are necessary for the department to comply with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. If a highway project is not federally aided, then in relation to any person whose real property is acquired, in whole or in part, by the department for highway purposes, or any person lawfully occupying real property acquired by the department for highway purposes, or any person who vacates real property at the written request of the department because of a proposed acquisition for highway purposes, the department shall make the same payments, provide the same assistance and do the same things as the department would be required to pay to, provide or do for such persons under a federally aided program. This section shall not affect the obligations of the department under chapter seventy-nine A.
Chapter 81: Section 7K. Relocation of facilities of public utilities; entry upon lands Section 7K. Whenever land or an easement therein is taken by the department by eminent domain for the purpose of relocating certain facilities of a public utility company, as authorized by section seven G, the said public utility company, its authorized agents or employees, after due notice by registered mail to the persons in possession of land so taken, may enter upon any such lands, waters and premises, not including buildings, as said company may deem necessary or convenient for the purpose of relocating its facilities, and such entry shall not be deemed a trespass, nor an entry under any condemnation proceedings which may then be pending.
Chapter 81: Section 7L. Lease of air rights over state highways Section 7L. Notwithstanding any other provision of law, the department may, with the approval of the governor, lease at one time or from time to time for a term or terms not to exceed ninety-nine years, upon such terms and conditions as the department in its discretion deems advisable, air rights over state highways, including rights for support, access, utilities, light and air, for such nonhighway purposes as, in the opinion of the department, will not impair the construction, full use, safety, maintenance or repair of state highways. Any lease granted under this section may, with the consent of the department, be assigned, pledged or mortgaged and the lien of such pledge or mortgage may be foreclosed by appropriate action. The proceeds from any such lease shall be paid into the treasury of the commonwealth for credit to the Highway Fund.
The construction or occupancy of any building or other thing erected or affixed under any lease under this section shall be subject to the building, fire, garage, health and zoning ordinances, by-laws, rules and regulations applicable in the city or town in which such building or other thing is located.
Any building, or other thing erected or affixed under any such lease under this section shall be taxed to the lessee thereof or his assigns in the same manner and to the same extent as if such lessee or his assigns were the owners of the land in fee; provided that no part of the value of the land shall be included in any such assessment. Any such leasehold estate may be sold or taken by the collector of taxes of the city or town in which the said leasehold estate is situated for the nonpayment of any taxes assessed as aforesaid in the manner provided by law for the sale or taking of real estate for nonpayment of local taxes. Said collector shall have for the collection of taxes assessed under this section all other remedies provided by the general laws for the collection of taxes by collectors of cities and towns.
The department shall include in any lease of such air rights a provision whereby the lessee agrees, in the event that the foregoing tax provision is determined by a court of competent jurisdiction to be inapplicable, to pay annually to the city or town in which the building or other thing leased is located, a sum of money in lieu of taxes which would otherwise be assessed in such year.
Each lease made pursuant to this section shall require that the lessee file with the department a statement under oath containing the names and addresses of the officers and directors, in the case of a corporation, and in the case of a partnership or other voluntary association, the name and address of all persons having a financial or beneficial interest in said lease. The lessee shall within thirty days after any change in the said officers or directors, or of persons holding any such interest file a corrected statement under oath with the department.
No billboards shall be erected under the provisions of this section.
Chapter 81: Section 7M. Acquisition of land for parks, historic sites, etc.
, to replace land required for federal highways Section 7M. Whenever a federal-aid highway program or project requires the use of any land which is part of a public park, recreation area or wildlife and waterfowl refuge of national, state or local significance as determined by the federal, state or local officials having jurisdiction thereof, or any land which is part of an historic site of national, state or local significance, as so determined by such officials, and there is no feasible and prudent alternative to the use of such land, the department, in order to minimize harm to such park, recreational area, wildlife and waterfowl refuge or historic site, may acquire by eminent domain under chapter seventy-nine, purchase or otherwise on behalf of the commonwealth or on behalf of any department, public body, agency or instrumentality of the commonwealth or on behalf of any political subdivision thereof, land to replace that which was required for use in the highway program. The department shall convey such replacement land or transfer the custody, care and control of such replacement land to the owner of the public park, recreational area, wildlife and waterfowl refuge or historic site required for highway use, including private owners or any department, public body, agency of the commonwealth or to any political subdivision thereof and such conveyance or transfer may be partially or entirely in lieu of damages for the land acquired from such owners; provided, however, that in the case of private owners such conveyance may be made only with the consent of such owner. The words “historic site” as used in this section shall include archeological sites as defined and regulated by sections twenty-six A to twenty-seven C of chapter nine.
Chapter 81: Section 8. Construction of state highways; advertising for proposals Section 8. The department, when about to construct a state highway, shall advertise in two or more newspapers published in each county in which the highway lies, and in three or more daily newspapers published in Boston, for sealed proposals for the construction of such highway, stating the time and place for opening such proposals, and reserving the right to reject any and all proposals. If a proposal is satisfactory, the department, with the approval of the governor and council, shall make a contract in writing on behalf of the commonwealth for such construction. After the proposals have been accepted or rejected they shall be kept by the department, and shall be open to public inspection for three years, and may then be destroyed by the department. The department may, in the same manner and under the same conditions, contract for the grading of a state highway or for furnishing labor, materials or any other element in its construction. The construction of all state highways shall be under the supervision and subject to the approval of the department and in accordance with plans and specifications furnished by it, and shall be fairly apportioned by the department among the different counties.
Chapter 81: Section 8A. Engineering survey services; competitive sealed bids Section 8A. Every contract for engineering survey services awarded by the department shall be awarded to the lowest responsible and eligible bidder on the basis of competitive sealed bids publicly opened and read forthwith upon expiration of the time for filing thereof; provided, however, that the department may reject any and all bids if it is in the public interest to do so.
For purposes of this section, the term “lowest responsible and eligible bidder” shall have the same meaning as is set forth in paragraph (c) of section thirty-nine M of chapter thirty.
Chapter 81: Section 9. Repealed, 1931, 432 Chapter 81A: Section 1. Massachusetts Turnpike Authority; construction as public instrumentality Section 1. There is hereby created a body politic and corporate to be known as the Massachusetts Turnpike Authority which, while within the executive office of transportation and construction, shall not be subject to the supervision and regulation of said executive office or any other department, commission, board, bureau or agency except as specifically provided in any general or special law to the contrary. The authority is hereby authorized and empowered, subject to the provisions of this chapter, to own, construct, maintain, repair, reconstruct, improve, rehabilitate, finance, refinance, use, police, administer, control and operate (a) the turnpike as defined herein; and (b) the metropolitan highway system as defined herein.
The authority is hereby constituted a public instrumentality. The exercise by the authority of the powers conferred by this chapter shall be deemed and held to be the performance of an essential governmental function.
Chapter 81A: Section 10. Turnpike tolls; metropolitan highway system tolls Section 10. (a) The authority is hereby authorized to charge and collect and from time to time fix and revise tolls for transit over the turnpike and the different parts or sections thereof, subject to such classifications of vehicles and manners of collection as the authority determines desirable and subject to provisions of clause (i) of section four. Such tolls shall be so fixed and adjusted as to provide, at a minimum, a fund sufficient with other revenues, if any, to pay (a) costs incurred in furtherance of this chapter related to the turnpike including, but not limited to, the cost of owning, maintaining, repairing, reconstructing, improving, rehabilitating, policing, using, administering, controlling and operating the turnpike; and (b) the principal of, redemption premium, if any, and the interest on notes or bonds relating to the turnpike as the same shall become due and payable and to create and maintain reserves established for any of the authority’s corporate purposes. Such tolls shall not be subject to supervision, regulation, approval or disapproval by any department, division, commission, board, bureau or agency of the commonwealth or any political subdivision thereof. The authority shall maintain the confidentiality of all information including, but not limited to, photographs or other recorded images and credit and account data, relative to account holders who participate in its electronic toll collection system. Such information shall not be a public record and shall be used for enforcement purposes only with respect to toll collection regulations. An account holder may, upon written request to the authority, have access to all information pertaining solely to the account holder. For each violation of applicable authority regulations related to electronic toll collection, a violation notice shall be sent to the registered owner of the vehicle in violation. The notice shall include the registration number of the vehicle, the state of issuance of such registration and the date, time and place of the violation. The notice may be based in whole or in part upon inspection of any photographic or other recorded image of a vehicle and the written certification by a state police officer or other person employed by or under contract with the authority or its electronic toll collection system contractor that it is so based shall be prima facie evidence of the facts contained therein and shall be admissible in any administrative or judicial proceeding to adjudicate the liability for such violation.
(b) The authority is hereby authorized to charge and collect and from time to time fix and revise tolls for transit over or through the metropolitan highway system or any part thereof subject to such classifications of vehicles and manners of collection as the authority determines desirable and subject to provisions of clause (j) of section four. Such tolls shall be so fixed and adjusted as to provide, at a minimum, a fund sufficient with other revenues, if any, to pay (a) costs incurred in furtherance of this chapter related to the metropolitan highway system including, but not limited to, the cost of owning, constructing, maintaining, repairing, reconstructing, improving, rehabilitating, policing, using, administering, controlling and operating the metropolitan highway system; and (b) the principal of, redemption premium, if any, and the interest on notes or bonds relating to the metropolitan highway system as the same shall become due and payable and to create and maintain reserves established for any of the authority’s corporate purposes; provided, however, that the authority shall not charge or collect a toll for transit through the Callahan tunnel, the Sumner tunnel or the Ted Williams tunnel by official vehicles of the commonwealth or any municipality, political subdivision or instrumentality thereof, including police, fire and ambulance vehicles, while such vehicles are on official business. The authority shall maintain the confidentiality of all information including, but not limited to, photographs or other recorded images and credit and account data, relative to account holders who participate in its electronic toll collection system. Such information shall not be a public record and shall be used for enforcement purposes only with respect to toll collection regulations. An account holder may, upon written request to the authority, have access to all information pertaining solely to the account holder. For each violation of applicable authority regulations related to electronic toll collection, a violation notice shall be sent to the registered owner of the vehicle in violation. The notice shall include the registration number of the vehicle, the state of issuance of such registration and the date, time and place of the violation. The notice may be based in whole or in part upon inspection of any photographic or other recorded image of a vehicle and the written certification by a state police officer or other person employed by or under contract with the authority or its electronic toll collection system contractor that it is so based shall be prima facie evidence of the facts contained therein and shall be admissible in any administrative or judicial proceeding to adjudicate the liability for such violation.
Chapter 81A: Section 11. Trust funds Section 11. All moneys received by the authority, whether as proceeds from the sale of notes or bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The resolution authorizing the notes or bonds or the trust agreement securing such notes or bonds shall provide that any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulations as this chapter and such resolution or trust agreement may provide.
Chapter 81A: Section 12. Transfer of facilities from highway department to turnpike authority; participation of port authority Section 12. (a) For the purposes of this section, the word “facility” shall mean the central artery, the central artery north area and the Ted Williams tunnel, either together or separately, as are defined in section three.
(b) The authority and the highway department are hereby authorized and directed to do all things necessary and convenient to provide for the orderly transfer to the authority of the ownership and control of, including the obligation to operate and maintain, each facility or any part thereof. Said highway department shall transfer each such facility, as one entity or in segments, to the authority pursuant to one or more written agreements, such transfer to occur promptly after the chief engineer of the authority and the chief engineer of the highway department, or their designees, jointly determine and certify to the authority and to the highway department that the authority can safely open each such facility or segment thereof to vehicular traffic or that such facility can safely be used for its intended purpose. Such agreements shall include, but not be limited to, provisions for (i) a protocol for the certification of both the highway department and said authority that each such facility or segment thereof may be safely opened to vehicular traffic or safely used for its intended purpose; (ii) the scheduling of the transfer of each such facility as one entity or in segments; (iii) the allocation of all obligations arising from permits, licenses, approvals, mitigation commitments and other agreements entered into by, or legal obligations imposed upon, said highway department in connection with the design, construction, operation and maintenance of each such facility or segment thereof not satisfied or otherwise discharged prior to such transfer by said highway department; (iv) the allocation of warranties, indemnities, liabilities and other rights associated with the design, construction, operation and maintenance of each such facility or segment thereof consistent with the provisions of subsection (c); (v) protocols governing the operation and maintenance of each such facility during final construction and equipment start-up and testing and such continued access to or use of each such facility or segment thereof by said highway department as may be necessary for the public convenience; (vi) the conveyance of the real and personal property interests to be transferred with each such facility; provided, however, that the real property interests transferred to the authority shall consist solely of, and in no event exceed, those interests in real property acquired by said highway department prior to March first, nineteen hundred and ninety-seven as such interests are defined in any order of taking, deed, easement or other instrument recorded or filed at the appropriate registry of deeds or registry district of the land court as of March first, nineteen hundred and ninety-seven or as may be amended by any instrument recorded or filed subsequent thereto and such interests as are necessary, convenient or desirable for the construction, operation or maintenance of each such facility or segment thereof, as may be acquired by said highway department after March first, nineteen hundred and ninety-seven or as may be amended by any instrument recorded or filed subsequent thereto; (vii) the amount and terms of any additional payments that may be made by the authority to the commonwealth for credit to the Capital Expenditure Reserve Fund established pursuant to section two DD of chapter twenty-nine in connection with or related to the acquisition of each such facility or segment thereof; and (viii) such other terms and conditions as the authority and the highway department agree are necessary, convenient or desirable to effectuate the orderly transfer of the ownership, control, operation and maintenance of each such facility or segment thereof.
(c) Upon the transfer of each such facility or segment thereof by the highway department to the authority pursuant to this section, the authority shall be responsible for the operation and maintenance of each such facility or segment thereof and, except as otherwise agreed to by the parties, the highway department shall cease to be responsible for such operation and maintenance; provided, however, that except as otherwise agreed to by the parties, the highway department shall continue to require its contractors to complete construction of each such facility or segment thereof pursuant to their contracts and pursuant to chapters thirty and one hundred and forty-nine and the authority shall have no such responsibility. All warranties and all contract and indemnification rights and obligations arising out of the design, construction, operation and maintenance of each such facility or segment thereof shall remain in full force and effect following such transfer. The provisions of this section shall not limit or impair the rights, remedies or defenses of the commonwealth, the highway department or the authority in or to any such action including, without limitation, the provisions of section eighteen of chapter eighty-one and chapter two hundred and fifty-eight. In recognition of the financial burden that would otherwise be imposed upon the authority by virtue of its assumption of the responsibility for the operation and maintenance of the central artery and the central artery north area, the secretary of administration and finance, on behalf of the commonwealth, shall, with the concurrence of the secretary of transportation and construction, enter into a contract with the authority prior to June 30, 1999, providing for payments by the commonwealth to the authority, as soon as practicable after the conclusion of each fiscal year but not later than December 1 of each fiscal year, of the amount of the cost of such operation and maintenance during such fiscal year, as certified by the authority, but not less than $2,000,000 on account of the 2000 fiscal year, not less than $5,000,000 on account of each fiscal year thereafter prior to the transfer of the final segment of the central artery and the central artery north area to the authority and not more than $25,000,000 on account of each fiscal year after such transfer, beginning with the fiscal year during which such transfer occurs. The term of such contract shall extend until the end of the 40th fiscal year following such transfer. Such amounts may be treated as revenues by the authority within the meaning of section 6 and the authority may pledge such contract and the rights of the authority to receive amounts thereunder as security for the payment of notes or bonds issued under the provisions of this chapter. Such contract shall constitute a general obligation of the commonwealth for which the faith and credit of the commonwealth shall be pledged for the benefit of the authority and of the holders of any notes or bonds of the authority which may be secured by a pledge of such contract or of amounts to be received by the authority under such contract.
(d) Upon the request of the authority or the Massachusetts Port Authority, the highway department shall make available to the authority or to said port authority for its review and comment all plans, specifications and other design and construction documents prepared for each such facility and shall permit the authority or said port authority to inspect each such facility, subject to such reasonable safety rules and procedures as may be established by the highway department. Said highway department shall consider the written comments of the authority and said port authority with respect to the design and construction of each such facility and shall respond in writing to the comments within thirty days of receipt thereof; provided, however, that neither the authority nor said port authority shall have any right of approval over the design or construction of each such facility.
(e) Said port authority shall enter into agreements with the authority and, to the extent necessary, with the highway department, with respect to the Tobin memorial bridge and such other roadways as the parties may agree for the purpose of participating in a unified, safe and efficient operating network of related and connected transportation systems within the metropolitan Boston area.
(f) Said port authority’s participation in the metropolitan highway system including, without limitation, its acquisition of designated components or segments of the metropolitan highway system shall be effectuated through agreements with the authority and, to the extent necessary, convenient or desirable, the highway department. Such agreements shall include, but not be limited to, provisions related to (i) the acquisition by said port authority of designated components or segments of the metropolitan highway system including, but not limited to, the components described in clause (iv) of paragraph (a) of section thirteen of chapter one hundred and two of the acts of nineteen hundred and ninety-five, as appearing in section one of chapter two hundred and seventy-three of the acts of nineteen hundred and ninety-five; (ii) the assumption of operation and maintenance responsibilities by said port authority for designated components or segments of the metropolitan highway system; and (iii) as authorized and directed pursuant to sections eleven and thirteen of said chapter one hundred and two of the acts of nineteen hundred and ninety-five, the amount of any lump sum or installment payments, which shall equal two hundred million dollars, plus any additional payments recommended by the joint asset assessment study, to the commonwealth for credit to the Capital Expenditure Reserve Fund established pursuant to section two DD of chapter twenty-nine by said port authority for any such acquisition and annual contributions by said port authority to the authority for the costs of operating and maintaining any portion of the metropolitan highway system either by direct payments to the authority or by equivalent in kind contributions made by said port authority’s assumption of the operation and maintenance of designated components or segments of the metropolitan highway system. The acquisition of components or segments of the metropolitan highway system by said port authority shall be accomplished in a manner consistent in all respects to the transfer process set forth in section twelve.
(g) Notwithstanding the provisions of sections forty E to forty I, inclusive, of chapter seven, the highways commission is hereby authorized and directed to execute any and all agreements authorized pursuant to this section, together with all instruments necessary to effectuate such agreements, on behalf of the commonwealth.
(h) Nothing in this chapter shall be construed to impair or nullify the terms and conditions set forth in any and all written agreements between the city of Boston and the highway department concerning the central artery or the Ted Williams tunnel including, specifically, the land disposition agreement dated June tenth, nineteen hundred and ninety-two and the joint traffic management and construction coordination agreement dated June twenty-ninth, nineteen hundred and ninety-four, as amended on October ninth, nineteen hundred and ninety-six.
(i) All contracts, agreements and memoranda of understanding between the authority, the Massachusetts Port Authority, the highway department and any other local, regional, state or federal governmental body which relate to the governance, operation, maintenance, transfer, construction or financing of the metropolitan highway system or any part thereof shall be submitted to the house committee on ways and means and the house clerk.
Chapter 81A: Section 13. Power of eminent domain Section 13. The authority may take by eminent domain in accordance with the provisions of chapter seventy-nine or any alternative method now or hereafter provided by general law, any public land and any fee simple absolute or lesser interest in private property or part thereof or rights therein as it may deem necessary for carrying out the provisions of this chapter.
Whenever a parcel of private property so taken is used in whole or in part for residential purposes, the owner of such parcel may, within thirty days of the date of the authority’s notice to vacate such parcel, appeal to the authority for a postponement of the date set for such vacating, whereupon the authority shall grant to the owner a postponement of three months from the date of such appeal; provided, however, that the appeal for such postponement shall be in the form of a written request to the authority sent by registered mail, return receipt requested; and provided, further, that the provisions of section forty of said chapter seventy-nine shall govern the rights of the authority and of any person whose property shall be so taken.
The authority shall have power, in the process of constructing, reconstructing, repairing, rehabilitating, improving, policing, using or administering all or any part of the turnpike or metropolitan highway system to take by eminent domain pursuant to chapter seventy-nine, such land abutting the turnpike or metropolitan highway system as it may deem necessary or desirable for the purposes of removing or relocating all or any part of the facilities of any public utility, including rail lines, and may thereafter lease the same or convey an easement or any other interest therein to such utility company upon such terms as it, in its sole discretion, may determine. Notwithstanding the provisions of any general or special law to the contrary, the relocation of the facilities of any public utility, including rail lines, in accordance with the provisions of this section shall be valid upon the filing of the plans thereof with the department of telecommunications and energy, if applicable.
Except as otherwise provided by law, any sale of real property shall be awarded, after advertisement for bids, to the bidder who is the highest responsible bidder. The authority shall have the right to reject all bids and to readvertise for bids. Before any real property shall be so sold or conveyed, notice that such real property is for sale shall be publicly advertised in two daily newspapers of general circulation published in the city of Boston, and, if such real property is located in any other city or town, in a newspaper of general circulation published in such other city or town, once a week for three successive weeks. Such advertisements shall state the time and place where all pertinent information relative to the real property to be sold or conveyed may be obtained and the time and place of opening the bids in answer to such advertisements and that the authority reserves the right to reject any or all such bids. All bids in response to advertisements shall be sealed and shall be publicly opened by the authority. Said authority may require, as evidence of good faith, that a deposit of a reasonable sum, to be fixed by the authority, accompany the proposals. The provisions of this paragraph shall not be applicable to any sale of real property by the authority to the commonwealth or any city, town or public instrumentality nor to a sale of real property which is determined by the authority to have a fair market value of five thousand dollars or less.
The authority may sell the buildings or other structures upon any lands taken by it or may remove the same and shall sell, if a sale be practicable or, if not, shall lease, if a lease be practicable, any lands or rights or interest in lands or other property taken or purchased for the purposes of this chapter, whenever the same shall, in the opinion of the authority, cease to be needed for such purpose.
Notwithstanding the provisions of any general or special law to the contrary, all counties, cities, towns and other political subdivisions and all public agencies, authorities and commissions of the commonwealth are hereby authorized and empowered to lease, lend, grant or convey to the authority at its request upon such terms and conditions as the proper authorities of such counties, cities, towns, political subdivisions, agencies, authorities and commissions may deem reasonable and fair and without the necessity for any advertisement, order of court or other action or formality, other than the regular and formal action of the authorities concerned, any real property, improvements or personal property which may be necessary or convenient to the effectuation of the authorized purposes of the authority, including public roads, bridges and other real property, improvements or personal property already devoted to public use.
Chapter 81A: Section 14. Taxation of property leased, used or occupied in connection with a business Section 14. Real property of the authority other than property leased pursuant to sections fifteen and sixteen, if leased, used, or occupied in connection with a business conducted for profit, shall, at the discretion of the municipality for the privilege of such lease, use or occupancy, be valued, classified, assessed and taxed annually as of January first to the lessee, user or occupant in the same manner and to the extent as if such lessee, user or occupant were the owner thereof in fee. No tax assessed under this section shall be a lien upon the real estate to which it is assessed nor shall any tax be enforced by any sale or taking of such real estate but the interest of any lessee therein may be sold or taken by the collector of the city or town in which the real estate lies for the nonpayment of such taxes in the manner provided by law for the sale or taking of real estate for nonpayment of annual taxes. Such collector shall have for the collection of taxes under this section all other remedies provided by chapter sixty for the collection of annual taxes upon real estate.
Chapter 81A: Section 15. Leasing of air rights; taxation Section 15. In addition to any other power the authority may have to make leases, the authority may lease at one time or from time to time for terms not to exceed ninety-nine years, upon such terms and conditions as the authority in its discretion deems advisable, air rights over land owned or held by the authority in connection with the turnpike and the Boston extension portion of the metropolitan highway system, including rights for support, access, utilities, light and air, for such purposes as, in the opinion of the authority, shall not impair the construction, full use, safety, maintenance, repair, operation or revenues of the turnpike or the metropolitan highway system; provided, however, that any such lease for a period of forty years or more shall be subject to the approval of the governor. Any lease granted under this section may, with the consent of the authority, be assigned, pledged or mortgaged and the lien of such pledge or mortgage may be foreclosed by appropriate action.
Use of air rights leased under this section respecting land within the territorial limits of the city of Boston and the construction and occupancy of buildings or other things erected or affixed pursuant to any such lease shall be made in accordance with the provisions of the state building code enacted pursuant to chapter one hundred and forty-three and such other requirements as the authority deems necessary or advisable to promote the public health, convenience and safety of persons and property but shall not be subject to any other building, fire, garage, health or zoning law or any building, fire, garage, health or zoning ordinance, rule or regulation applicable in the city of Boston.
The authority shall not lease any air rights in a particular location unless it shall find that the construction and use of buildings or other things to be erected or affixed pursuant to any such lease shall be in no way detrimental to the maintenance, use and operation of the turnpike or the metropolitan highway system and, in the city of Boston, unless the authority shall also find, after consultation with the mayor that the construction and use of such buildings or other things shall preserve and increase the amenities of the community.
The construction or occupancy of any building or other thing erected or affixed under any lease under this section of air rights respecting land outside the territorial limits of the city of Boston shall be subject to the building, fire, garage, health and zoning laws and the building, fire, garage, health and zoning ordinances, by-laws, rules and regulations applicable in the city or town in which such building or other thing is located.
A copy of all leases granted by the authority under this section shall be filed by the authority with the governor and with the mayor or chairperson of the board of selectmen of the respective city or town and such leases shall be deemed to be public records within the meaning of chapter sixty-six.
Neither such air rights nor any buildings or other things erected or affixed pursuant to any such lease nor the proceeds from any such lease shall be taxed or assessed to the authority under any general or special law; provided, however, that buildings and other things erected or affixed pursuant to any such lease shall be taxed to the lessee thereof or his assigns in the same manner and to the same extent as if such lessee or his assigns were the owners of the land in fee; provided, further, that no part of the value of the land shall be included in any such assessment; and provided, further, that payment of any such taxes shall not be enforced by a lien upon or sale or taking of such land except that the leasehold estate may be sold or taken by the collector of taxes of the city or town wherein such real estate is situated for the nonpayment of any tax assessed as aforesaid in the manner provided by law for the sale or taking of real estate for nonpayment of local taxes. Such collector shall have for the collection of taxes assessed under this section all other remedies provided by the General Laws for the collection of taxes by collectors of cities and towns.
The authority shall include in any lease of such air rights a provision whereby the lessee agrees, in the event that the foregoing tax provision is determined by any court of competent jurisdiction to be inapplicable, to pay annually to the city or town wherein such building or other thing leased is located, a sum of money in lieu of taxes which would otherwise be assessed for such year.
Chapter 81A: Section 16. Leasing of land; taxation Section 16. In addition to any other power the authority may have to make leases, the authority may lease at one time or from time to time for terms not to exceed ninety-nine years, upon such terms and conditions as the authority in its discretion deems advisable, land owned by the authority and no longer required for the maintenance, repair, reconstruction, improvement, use, administration or operation of the turnpike or the Boston extension of the metropolitan highway system; provided, however, that any such lease for a period of forty years or more shall be subject to the approval of the governor. A lease granted under this section may, with the consent of the authority, be assigned, pledged or mortgaged and the lien of such pledge or mortgage may be foreclosed by appropriate action.
The construction or occupancy of any building or other thing erected or affixed under any lease of land under this section shall be subject to the building, fire and zoning laws, ordinances or by-laws applicable in the city or town wherein such building or other thing is located.
A copy of all leases granted by the authority under the provisions of this section shall be filed by the authority with the governor and with the mayor or chairman of the board of selectmen of the respective city or town and such leases shall be deemed to be public records within the meaning of chapter sixty-six.
Neither such land nor any buildings or other things erected or affixed pursuant to any such lease nor the proceeds from any such lease shall be taxed or assessed to the authority under any general or special law; provided, however, that such land and buildings and other things erected or affixed pursuant to any such lease shall be taxed to the lessee thereof or his assigns in the same manner and to the same extent as if such lessee or his assigns were the owners of the land in fee; provided, further, that payment of any such taxes shall not be enforced by a lien upon or sale or taking of such land except that the leasehold estate may be sold or taken by the collector of taxes of the city or town wherein such land is situated for the nonpayment of any tax assessed as aforesaid in the manner provided by law for the sale or taking of real estate for nonpayment of local taxes. Such collector shall have for the collection of taxes assessed under this section all other remedies provided by the General Laws for the collection of taxes by collectors of cities and towns.
The authority shall include in any lease of such land a provision whereby the lessee agrees, in the event that the foregoing tax provision is determined by any court of competent jurisdiction to be inapplicable, to pay annually to the city or town in which such leased land is located a sum of money in lieu of taxes which would otherwise be assessed for such year.
Chapter 81A: Section 17. Reports Section 17. The secretary of the executive office of transportation and construction and the chairman of the authority shall submit a report to the joint committee on transportation and the house and senate committees on ways and means on or before September first, nineteen hundred and ninety-seven and every six months thereafter, which shall include, but not be limited to, the status and schedule of the construction of the central artery tunnel project; an analysis of the commonwealth’s ability to fund the state’s share of the central artery tunnel project; the amount of federal funds available for the central artery tunnel project and the statewide program, so-called; the effect of this chapter in meeting the operation, administration and financial needs of such central artery tunnel project and statewide program; the financial status of the turnpike, including all revenues generated and the cost of maintenance and operation and any special legislation, recommendations or resources required to meet the needs of the metropolitan highway system, the turnpike and the statewide program.
Chapter 81A: Section 18. Local tourism grant program Section 18. The authority shall establish and implement for the turnpike a local tourism grant program for the benefit of cities and towns located within the turnpike corridor. Such grant program shall be funded, subject to the rights of the holders of notes or bonds of the authority issued for the turnpike, from turnpike revenues, on an annual basis in an amount of not less than $500,000 nor more than $1,000,000; provided, however, that notwithstanding any requirements of this section, for each of the calendar years nineteen hundred and ninety-seven, nineteen hundred and ninety-eight and nineteen hundred and ninety-nine, a sum of not less than two hundred and fifty thousand dollars and not more than three hundred thousand dollars allocable to the tourism grant program shall be directed annually to the Commonwealth Visitor Information Services Travel Alliance established by section nineteen of chapter one hundred and two of the acts of nineteen hundred and ninety-five or to such cities, towns or other public entities that said Travel Alliance may recommend to the authority. Said grant program shall be administered in accordance with procedures promulgated under chapter thirty A.
The authority shall also establish and implement for the metropolitan highway system a local tourism grant program for the benefit of cities and towns through which the metropolitan highway system runs and the municipalities contiguous to such cities and towns. Said grant program shall be funded, subject to the rights of the holders of notes or bonds of the authority issued for the metropolitan highway system, from metropolitan highway system revenues, on an annual basis in an amount not less than two hundred and fifty thousand dollars. Such grant program shall be administered in accordance with procedures promulgated under said chapter thirty A.
Chapter 81A: Section 19. Weight rules and regulations; enforcement; defense of claims arising from weighing of vehicles; penalties for violations of provisions of this section Section 19. No motor vehicle, trailer, semi-trailer or semi-trailer unit, hereinafter in this section called a motor vehicle, shall be operated on the turnpike or the metropolitan highway system nor shall the owner or bailee thereof require or permit such operation when the gross weight of such motor vehicle exceeds the weight provided in the rules and regulations adopted by the authority pursuant to paragraph (k) of section four or that specified in a special hauling permit issued by the authority for such motor vehicle pursuant to said rules and regulations, whichever is greater, nor shall any person load or cause to be loaded such motor vehicle in excess of such weights; provided, however, that the authority shall not adopt or enforce any rule or regulation which prohibits a motor vehicle from traveling on the turnpike or the metropolitan highway system without a permit if such motor vehicle may travel on a public way of the commonwealth without a permit under the provisions of section nineteen A of chapter ninety or which prohibits the issuance of a permit by the authority for travel on the turnpike or the metropolitan highway system by a motor vehicle if such motor vehicle may travel on a public way of the commonwealth with a permit under the provisions of section thirty A of chapter eighty-five.
Enforcement of this section shall be by members of the department of state police assigned to the authority who have been appointed as weighers and measurers of motor vehicles and of the loads of such motor vehicles pursuant to section eighty-seven A of chapter forty-one. In any prosecution for a violation of this section, a signed certificate on oath of a member of the department of state police assigned and appointed as a weigher and measurer of motor vehicles in accordance with this paragraph shall be admissible in evidence without further proof and shall constitute prima facie evidence of the weight of the motor vehicle described in such certificate. Such certificate shall be in such form as the registrar of motor vehicles shall prescribe pursuant to section nineteen A of chapter ninety and shall be signed and sworn to by a member of the department of state police assigned and appointed as a weigher and measurer of motor vehicles in accordance with this paragraph and present at the weighing of such motor vehicle and the court shall take judicial notice of the signature of such person and that he is so assigned and appointed.
In any claim for bodily injuries including death or damage to property arising out of such weighing, a member of the department of state police, assigned and appointed as a weigher and measurer of motor vehicles in accordance with the preceding paragraph, to enforce the provisions of this section may file a written request with the authority that it defend him against such claim and the authority shall indemnify such member of the department of state police from personal expenses or damages incurred and arising out of such claim; provided, however, that the defense or settlement of such claim shall have been made by the general counsel of the authority, by an attorney retained for such purpose by the authority or by an attorney provided by an insurer obligated under the terms of a policy of insurance to defend against such claims.
A person convicted of a violation of the provisions of this section shall be punished by a fine of not less than thirty dollars for each one thousand pounds of weight or fraction thereof by which the gross weight of the motor vehicle as operated exceeds the weight provided in the rules and regulations adopted by the authority pursuant to paragraph (k) of section four or that specified in a special hauling permit issued by the authority for such motor vehicle pursuant to said rules and regulations, whichever is greater; provided, however, that if the total of such excess weight is greater than ten thousand pounds, the fine shall be not less than sixty dollars for each one thousand pounds or fraction thereof over such ten thousand pounds.
Any person convicted of a violation of the provisions of the first sentence of section seventeen of chapter ninety while operating a vehicle which is also in violation of the first paragraph of this section shall be punished by a fine of not more than fifty dollars for a first offense nor less than fifty nor more than seventy-five dollars for a second offense committed in any twelve month period and not less than seventy-five nor more than one hundred and fifty dollars for subsequent offenses committed in any twelve month period and complaints for such violations shall not be placed on file by the court.
Chapter 81A: Section 2. Members of authority; officers; quorum; salaries and benefits; indemnity [Text of section effective until July 1, 2007. For text effective July 1, 2007, see below.
] Section 2. The authority shall consist of 5 members to be appointed by the governor who shall be residents of the commonwealth, not more than 3 of whom shall be of the same political party, and at least 1 member at all times shall be a resident of a town which abuts the Massachusetts turnpike and is wholly or partially located between the Weston toll plaza and the interstate route 495 interchange. The governor shall designate one of the members as chairperson who shall serve as such during his term in office. The members of the authority in office on July 31, 2002 shall continue for the remainder of their respective terms. The successor of each member shall be appointed for a term of 8 years; provided, however, that any person appointed to fill a vacancy shall serve only for the unexpired term; provided further that, of the 2 members appointed after July 31, 2002, 1 shall serve for an initial term of 6 years and 1 shall serve for an initial term of 3 years but all successive terms for such members shall be for a term of 8 years; and provided, further, that all members shall have senior management level experience in 1 or more of the following areas: engineering, construction, business, public or private finance, and transportation. A member of the authority shall be eligible for reappointment. Prior to entering upon the duties of his office, each member of the authority shall take an oath before the governor to administer the duties of his office faithfully and impartially and a record of such oath shall be filed in the office of the state secretary.
The authority shall elect 1 of the members as vice chairperson thereof. Three members of the authority, including the chairperson, shall constitute a quorum and the affirmative vote of 3 members shall be necessary for any action taken by the authority. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority.
For the purposes of this chapter, the chairperson of the authority shall receive an annual salary from said authority, that is $205,000 subject to annual increases in the discretion of the board that are no greater than the percentage annual increase in the consumer price index for all urban consumers. The remaining members shall each receive an annual salary of $25,852. Each member shall be reimbursed for his actual expenses necessarily incurred in the performance of his duties. The members shall be eligible to participate in any benefit plan approved by the authority.
The chairperson of said authority shall report to the secretary of transportation and construction on a regular basis to assist the secretary in coordinating the transportation agenda of the commonwealth.
The authority may indemnify any member, officer or employee from personal expenses or damages incurred, arising out of any claim, suit, demand or judgment which arose out of any act or omission of such member, officer or employee, including the violation of the civil rights of any person under any federal law if, at the time of such act or omission such member, officer or employee was acting within the scope of his official duties or employment. Chapter 81A: Section 2. Members of authority; officers; quorum; salaries and benefits; indemnity [Text of section as amended by 2004, 196, Sec. 9 effective July 1, 2007. See 2004, 196, Sec. 19. For text effective until July 1, 2007, see above.
] Section 2. (a) The authority shall consist of 5 members to be appointed by the governor who shall be residents of the commonwealth, not more than 3 of whom shall be of the same political party, and at least 1 member at all times shall be a resident of a town which abuts the Massachusetts turnpike and is wholly or partially located between the Weston toll plaza and the interstate route 495 interchange. Beginning July 1, 2007, 1 of the members shall be the secretary of transportation, who shall serve as chairperson of the authority. All members shall have senior management level experience in 1 or more of the following areas: engineering, construction, business, public or private finance, and transportation. A member of the authority shall be eligible for reappointment. Before entering upon the duties of his office, each member of the authority shall take an oath before the governor to administer the duties of his office faithfully and impartially and a record of such oath shall be filed in the office of the state secretary.
(b) Except for the chairperson, the members of the authority who began in office before July 31, 2002 shall continue for the remainder of their respective terms, and the members of the authority appointed after July 31, 2002 and before July 1, 2004 shall continue for the remainder of an initial term which shall be for 6 years, but all successive terms for members shall be for terms of 5 years. Except for the secretary of transportation, members of the authority appointed after July 1, 2004 shall be appointed for terms of 5 years. Any person appointed to fill a vacancy shall serve only for the unexpired term. The chairman of the authority whose term of office began before July 31, 2002 shall continue in office until July 1, 2007.
(c) The authority shall elect 1 of the members as vice chairperson. Three members of the authority, including the chairperson, shall constitute a quorum and the affirmative vote of 3 members shall be necessary for any action taken by the authority. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority. The members shall serve without pay. Each member shall be reimbursed for his actual expenses necessarily incurred in the performance of his duties.
(d) The authority shall have the power to appoint and employ officers, including an executive director, and to fix their compensation and conditions of employment. The authority may bind itself by contract to employ not more than 5 senior officers and no such contract shall be for a period of more than 5 years. The salary of the executive director shall not exceed the salary of the commissioner of highways. The authority shall annually, on or before January 1, submit to the secretary of administration and finance and the house and senate committees on ways and means a schedule of salaries of all its employees and any proposed increases therein. The secretary may make recommendations to the authority on the salary structure and shall advise the authority of the prevailing rates that the commonwealth pays for similar services.
(e) The executive director of the authority shall report to the secretary of transportation on a regular basis to assist the secretary in coordinating the transportation agenda of the commonwealth.
(f) The authority may indemnify any member, officer or employee from personal expenses or damages incurred, arising out of any claim, suit, demand or judgment which arose out of any act or omission of such member, officer or employee, including the violation of the civil rights of any person under any federal law if, at the time of such act or omission such member, officer or employee was acting within the scope of his official duties or employment.
Chapter 81A: Section 20. Liability of authority; penalties for refusing to pay toll or hitchhiking; sale of unclaimed property; annual report to governor and general court; audit Section 20. The authority shall, consistent with the provisions and limitations of section twelve and section twenty-six, be liable to any person sustaining bodily injury or damage to his property by reason of a defect or want of repair therein or thereupon to the same extent as provided in section eighteen of chapter eighty-one and shall be liable for the death of any person caused by such defect or want of repair to the same extent as is provided in chapter two hundred and twenty-nine. Any notice of such injury, damage or death required by law shall be given to the general counsel of the authority.
The turnpike and the metropolitan highway system, although not part of the state highway system, shall each be deemed a way within the meaning and purport of chapters eighty-nine and ninety and its use shall be governed by sections two, four, four A, four B and five of said chapter eighty-nine and sections one B, three, three A, three B, three C, five A, six, seven, seven B, seven D, seven D and one-half, seven P, seven Q, seven AA, eight B, eight C, nine, nine D, ten, eleven, twelve, thirteen, thirteen A, fourteen, fourteen A, fourteen B, sixteen, the first sentence of section seventeen, section twenty, the first sentence of section twenty-one and sections twenty-two A, twenty-two B, twenty-two E, twenty-three, twenty-four, twenty-four G, twenty-four I, twenty-four L, twenty-five, twenty-six, twenty-nine and thirty-four J of chapter ninety and such other laws as the authority may determine by regulation necessary for the safe and efficient operation of the turnpike or the metropolitan highway system.
An operator of a vehicle using the turnpike or the metropolitan highway system who refuses to pay the toll prescribed by the authority or who evades or attempts to evade payment of the toll prescribed by the authority may be arrested without a warrant. Whoever, for the purpose of soliciting a ride on the turnpike or the metropolitan highway system, displays a sign, signals a moving vehicle, causes the stopping of a vehicle or stands on property of the authority in view of a ramp or roadway of the turnpike may be arrested without a warrant and shall be punished by a fine of not more than fifty dollars. A person damaged in his property by the exercise of any of the powers granted by this chapter may recover his damages from the authority under chapter seventy-nine.
Notwithstanding the provisions of chapters one hundred and thirty-four and one hundred and forty-seven, if money, goods or other property which has been abandoned, mislaid or lost on the premises of the authority comes into the possession of said authority and remains unclaimed for a period of one hundred and twenty days, the authority may sell the same, excepting money so unclaimed, at public auction after notice of such sale has been published for three successive weeks in a newspaper published in the city or town wherein such sale shall occur. The net proceeds of such sale, after deducting the cost of storage and the expenses of the sale, and all money so unclaimed, shall be paid into and become the property of the authority and may be applied by the authority to any of its corporate purposes. If such property is in the possession of the authority and remains unclaimed for a period of one hundred and twenty days and is of the value of three dollars or less, the authority may donate the same to a charitable organization.
On or before April first of each year, the authority shall make an annual report of its activities for the preceding calendar year to the governor and to the general court. Each such report shall set forth a complete operating and financial statement covering its operations during the year. The authority shall cause an audit of its books and accounts to be made at least once in each year by certified public accountants and the cost thereof may be treated as a part of the cost of operation of the turnpike and the metropolitan highway system. Such audits shall be deemed to be public records within the meaning of chapter sixty-six.
Chapter 81A: Section 21. Deferred compensation program for employees Section 21. The authority may contract with an employee to defer a portion of such employee’s compensation and may, for the purpose of funding a deferred compensation program for such employee established in accordance with the U.
S. Internal Revenue Code, hereinafter referred to as the Code, invest the deferred portion of such employee’s compensation in a life insurance or annuity contract, mutual fund or bank investment trust. The authority shall, before making any such investment, solicit bids from insurance companies authorized to conduct business within the commonwealth pursuant to chapter one hundred and seventy-five, mutual fund managers and banks, which bids shall be sealed and opened at a time and place designated by the authority. Any bid submitted by an insurance company, mutual fund or bank investment trust to fund the deferred compensation program, where applicable, shall clearly indicate the interest rate which shall be paid on the deferred funds, any commissions which will be paid, any load imposed for the purpose of administering the funds, mortality projections, expected payouts, tax implications for participating employees and such other information as the authority may require. Any contract entered into between an employee and the authority pursuant to this section shall include all such information in terms the employee can reasonably be expected to understand.
As used in this section, the word “employee” shall have the same meaning as “employee” as defined in section one of chapter thirty-two and shall also include consultants and independent contractors who are natural persons paid by the authority.
An employee may defer compensation so long as such deferral is the lesser of seven thousand five hundred dollars or thirty-three and one-third percent of his includible compensation for a taxable year; provided, however, that for one or more of the last three taxable years ending before he attains normal retirement age, an employee may defer the lesser of fifteen thousand dollars or the sum of (1) seven thousand five hundred dollars or thirty-three and one-third percent of his includible compensation for such year; plus (2) a sum not more than the total deferrable compensation for prior taxable years that had not in fact been deferred in such years.
Such deferred compensation program shall be in addition to, and not part of, the retirement or pension system as provided under chapter thirty-two and any other benefit program provided by law for such employee. Any compensation deferred under such program shall continue to be included as regular compensation, as defined in section one of said chapter thirty-two, for the purpose of computing the retirement and pension benefits earned by any such employee; provided, however, that any compensation so deferred shall not be included in the computation of any taxes withheld on behalf of any such employee.
Chapter 81A: Section 22. IRA accounts for employees Section 22. The authority may contract with an employee to make contributions for and in the name of such employee from amounts otherwise payable to the employee as current compensation to an Individual Retirement Account hereinafter referred to as an IRA, by such employee established in accordance with the Code. The participating employee may invest that portion of his income so contributed to an IRA in an annuity contract, mutual fund, bank investment trust or other investment authorized by the Code. Before making such deduction, the authority shall be required to solicit bids from insurance companies authorized to conduct business within the commonwealth pursuant to chapter one hundred and seventy-five, mutual fund managers and banks which bids shall be sealed and opened at a time and place designated by the authority. Any bid submitted by an insurance company, mutual fund or bank investment trust seeking investment of the IRA contribution shall, where applicable, clearly indicate the interest rate which shall be paid on the invested funds, any commissions which shall be paid, any load imposed for the purpose of administering the funds, expected payouts, tax implications for participating employees and such other information as the authority may require. Upon the authority’s determining which provider offers the product most beneficial to the employee in each category for which bids were solicited, the authority may offer such employee the opportunity to establish an IRA with one or more such providers. The employee who wishes to invest his IRA funds with any such provider or combination of providers may authorize the authority to deduct from amounts otherwise payable to the employee, at one time or on a periodic basis, amounts to be paid into the employee’s IRA. If the employee so elects, the authority shall pay to the providers the amount designated by the employee, in the name of the employee, to the employee’s IRA. Amounts so paid to the providers for the employee’s IRA account shall belong exclusively to the employee. Except as otherwise provided herein, the authority may restrict an employee’s right to contract to have contributions made to an IRA through deductions and payments by the authority, to those providers selected as the result of the competitive bidding process outlined herein; provided, however, that this shall not be construed to restrict or limit the right of an employee to establish one or more IRAs with such banks, insurance companies or similarly authorized institutions as the employee may choose in any manner other than through an authorized deduction by the authority of a portion of the employee’s compensation as outlined herein. Any contract entered into between an employee and the authority pursuant to this section shall include all information in terms the employee can reasonably be expected to understand. As used in this section the word “employee” shall have the same meaning as “employee” as defined in section one of chapter thirty-two and shall also include consultants and independent contractors who are natural persons paid by the authority.
An employee may contribute a portion of his compensation to an IRA under the program outlined herein so long as such contribution, for an employee who is single, is the lesser of two thousand dollars or one hundred percent of his compensation for a taxable year and, for an employee who is married, the contribution is the lesser of two thousand two hundred and fifty dollars or one hundred percent of his compensation for a taxable year. If an employee has any compensation deferred under a deferred compensation plan for employees of the authority, if one is established by the authority under section twenty-one, then the aggregate amount of such deferred compensation deductions and amounts contributed to such employee’s IRA shall not exceed the limits imposed upon such combined deduction and contribution by Code.
Notwithstanding the provisions of any general or special law to the contrary, the authority shall not be required to solicit bids to invest the contributed portion of an employee’s income into the employee’s IRA provided (a) the authority is authorized by the employee to pay that portion of the employee’s compensation into the employee’s IRA in the same investment products as provided through a deferred compensation or IRA plan for employees of the commonwealth administered by the authority or a deferred compensation plan for employees of the authority administered by the authority, provided that such plan resulted from the solicitation of bids in accordance with bidding requirements comparable to those required under this section; or (b) the authority is authorized by the employee to pay that portion of the employee’s compensation into the employee’s IRA in the investment products offered pursuant to a deferred compensation or IRA plan developed through a competitive selection process; provided that such plan resulted from the solicitation of bids by a group of any combination of three or more city, town, county or public authority treasurers acting as a “Common Group” for purposes of soliciting such proposals in accordance with bidding requirements comparable to those required under this section.
Such IRA plan shall be in addition to and not a part of the retirement program or pension system as provided under chapter thirty-two and any other benefit program provided by law for such employee. Any compensation contributed by the employee to an IRA under such a plan shall continue to be included as regular compensation, as defined in section one of said chapter thirty-two, for the purpose of computing the retirement and pension benefits earned by any such employee; provided, however, that any compensation so contributed shall not be included in the computation of federal taxes but shall be included in the computation of state taxes withheld on behalf of any such employee.
Chapter 81A: Section 23. Duration of authority Section 23. The authority and its corporate existence shall continue until terminated by law; provided, however, that no such law shall take effect so long as the authority shall have notes, bonds or other obligations outstanding unless adequate provision has been made for the payment or satisfaction thereof in accordance with the terms of any applicable bond resolution, trust agreement or other agreement.
Chapter 81A: Section 24. Reimbursement of retirement costs to commonwealth Section 24. The authority is hereby authorized and directed to reimburse the commonwealth for the amount of retirement costs incurred by the commonwealth on behalf of employees of the department of public safety for the time such employees are assigned by the commissioner of said department to duty with the authority. Such amount shall be the retirement cost portion of the cost of fringe benefits as determined by the commissioner of administration pursuant to section six B of chapter twenty-nine. Such amount shall be reimbursed annually to the commonwealth for fiscal years beginning after June thirtieth, nineteen hundred and eighty-seven.
Chapter 81A: Section 25. Effectiveness of contracts and other obligations Section 25. All contracts, agreements, licenses, leases and other obligations of the authority duly made under the authority of chapter three hundred and fifty-four of the acts of nineteen hundred and fifty-two, chapter five hundred and ninety-eight of the acts of nineteen hundred and fifty-eight or chapter one hundred and two of the acts of nineteen hundred and ninety-five shall remain in full force and effect until terminated in accordance with the respective terms and provisions of such contracts, agreements, licenses, leases and other obligations. All regulations and by-laws adopted under the authority of said acts shall remain in full force and effect until amended or otherwise altered by the authority.
Chapter 81A: Section 26. Transfer of turnpike to highway department Section 26. The turnpike may be transferred to the highway department and shall thereafter be operated and maintained by the highway department free of tolls when (i) all notes and bonds issued by the authority relating to the turnpike and payable from turnpike revenues have been paid or a sufficient amount for the payment of all such notes or bonds and the interest thereon, to the maturity thereof, shall have been set aside in trust for the benefit of the holders of such notes or bonds; and (ii) the turnpike is deemed to be in good condition and repair to the satisfaction of the highway department. The transfer of the turnpike under this section shall be effectuated by one or more agreements between the authority, the executive office of transportation and construction and the highway department; provided, however, that any such agreements shall provide that all nontoll turnpike revenues shall thereafter be dedicated solely to the operation and maintenance of the turnpike.
Chapter 81A: Section 27. Submission of documents to metropolitan highway system advisory board Section 27. The authority shall submit to the metropolitan highway system advisory board, pursuant to section twenty-eight, all contracts, plans, agreements and memoranda of understanding relative to land use plans, air rights, zoning restrictions and environmental impacts associated with the development on any land owned by the authority within the metropolitan highway system. The authority shall not proceed with the final execution of such contracts, plans, agreements and memoranda of understanding prior to the review of the advisory board pursuant to said section twenty-eight.
Chapter 81A: Section 28. Metropolitan highway system advisory board to the authority Section 28. (a) There shall be a metropolitan highway system advisory board to the authority to consist of nine persons, one of whom shall be appointed by the governor, one of whom shall be appointed by the commissioner of capital asset management and maintenance, one of whom shall be appointed by the mayor of the city of Boston, one of whom shall be appointed by the artery business committee, two of whom shall be appointed by the metropolitan area planning council, one of whom shall be appointed by the Massachusetts Municipal Association, one of whom shall be appointed by Move Massachusetts 2000 and one of whom shall be appointed by the Massachusetts Sierra Club. Each member of the metropolitan highway system advisory board shall have one vote. A majority of members shall constitute a quorum and the advisory board may act by such majority vote represented in the quorum.
(b) For the conduct of its business, the metropolitan highway system advisory board shall adopt and may revise and amend by-laws. The advisory board shall convene its first meeting on or before March thirty-first, nineteen hundred and ninety-seven and shall thereafter convene regular meetings in accordance with its by-laws. The advisory board shall annually elect a chairperson and vice chairperson and any other officers that the advisory board shall determine. Each member of the board shall serve for a term of two years and shall be eligible for reappointment. In the event of a vacancy, a successor shall be named by the person or organization who originally appointed the vacated member and any such successor shall serve for the remainder of the unexpired term. Each member of said advisory board shall serve without compensation but may be reimbursed, as an expense of said advisory board, for all reasonable expenses incurred in the performance of its duties as approved by the advisory board.
(c) The purposes of the metropolitan highway system advisory board shall be to review and prepare comments on all documents submitted to it pursuant to section twenty-seven and to make recommendations to the authority within thirty days of receipt of such documents. The advisory board may hold public hearings on all matters before it.
(d) The metropolitan highway system advisory board may incur expenses, not to exceed fifty thousand dollars annually for expenditures authorized under paragraph (b) and for personnel and office expenses. Such expenses shall be paid by the authority in the current fiscal year from its operating budget and, for each year thereafter, shall be provided for in the current expense budgets of the metropolitan highway system.
Chapter 81A: Section 29. Submission of documents to turnpike advisory board Section 29. The authority shall submit to the turnpike advisory board, pursuant to section thirty, all contracts, plans, agreements and memoranda of understanding relative to land use plans, air rights, zoning restrictions and environmental impacts associated with the development on any land owned by the authority within the turnpike corridor. The authority shall not proceed with the final execution of such contracts, plans, agreements, and memoranda of understanding prior to the review of the advisory board pursuant to said section thirty.
Chapter 81A: Section 3. Definitions Section 3. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:—“Authority”, the Massachusetts Turnpike Authority established by section one.
“Boston extension”, all roadways and tunnels for vehicular traffic that constitute that portion of interstate highway route 90 beginning at and including the interchange of interstate highway route 90 and state highway route 128 in the town of Weston and ending in the city of Boston at the interchange of interstate highway route 90 and interstate highway route 93 and such additional highway and bridge components as the general court may from time to time determine and including such real property and any improvements thereon, personal property, equipment, licenses, appurtenances and interests in land acquired or leased in connection with or incident to the construction, ownership, operation, rehabilitation, reconstruction, improvement, repair, maintenance or administration of such roadways and tunnels as are necessary for their safe and efficient operation and maintenance or which are otherwise convenient or desirable to carry out the purposes of this chapter.
“Callahan tunnel”, the tunnel for vehicular traffic constructed under the provisions of chapter five hundred and ninety-eight of the acts of nineteen hundred and fifty-eight between the North End section of the city of Boston and the East Boston section of said city and including such real property and any improvements thereon, personal property, equipment, licenses, appurtenances and interests in land acquired or leased in connection with or incident to the construction, ownership, operation, rehabilitation, reconstruction, improvement, repair, maintenance or administration of such tunnel as are necessary for its safe and efficient operation and maintenance or which are otherwise convenient or desirable to carry out the purposes of this chapter.
“Central artery”, all roadways and tunnels for vehicular traffic constructed by the highway department that constitute that portion of interstate highway route 93 beginning at a point immediately south of the Southampton street interchange, so-called, and continuing to and including the interchange of interstate highway route 93 and Massachusetts avenue in the South End section of the city of Boston and continuing to and including the interchange of interstate highway route 90 and interstate highway route 93 in the South Bay section of the city of Boston, so-called, and continuing to and including the interchange of state highway route 1 and interstate highway route 93 in the Charlestown section of the city of Boston including, but not limited to, the so-called Charles river crossing portion of interstate highway route 93 and such additional highway and bridge components as the general court may from time to time determine, but excluding the central artery north area. “Central artery” shall also include such real property and any improvements thereon, personal property, equipment, licenses, appurtenances and interests in land acquired or leased in connection with or incident to the construction, ownership, operation, rehabilitation, reconstruction, improvement, repair, maintenance or administration of such roadways and tunnels as are necessary for their safe and efficient operation and maintenance or which are otherwise convenient or desirable to carry out the purposes of this chapter.
“Central artery north area”, all roadways and tunnels for vehicular traffic constructed by the highway department consisting of a portion of state highway route 1 beginning at, but not including, the southern boundary of the Tobin memorial bridge and continuing to the interchange of interstate highway route 93 and state highway route 1, including such real property and any improvements thereon, personal property, equipment, licenses, appurtenances and interests in land acquired or leased in connection with or incident to the construction, ownership, operation, rehabilitation, reconstruction, improvement, repair, maintenance or administration of such roadways and tunnels as are necessary for their safe and efficient operation and maintenance or which are otherwise convenient or desirable to carry out the purposes of this chapter.
“Highway department”, the department of highways established pursuant to section one of chapter sixteen.
“Metropolitan highway system”, the integrated system of roadways, bridges, tunnels, overpasses, interchanges, parking facilities, entrance plazas, approaches, connecting highways, service stations, restaurants, tourist information centers and administration, storage, maintenance and other buildings that the authority owns, constructs or operates and maintains pursuant to the provisions of this chapter which consists of the Boston extension, the Callahan tunnel, the central artery, the central artery north area, the Sumner tunnel and the Ted Williams tunnel and any additional highway, tunnel and bridge components as the general court may from time to time determine.
“Metropolitan highway system revenues”, (i) all rates, fees, tolls, rentals or other charges and other earned income and receipts as derived from or with respect to the ownership, operation, lease, rent or other use or disposition of the metropolitan highway system or any part thereof; and (ii) all other funds received by the authority, from whatever source, relating to the metropolitan highway system.
“Notes or bonds”, the notes, bonds or other evidences of indebtedness of the authority issued pursuant to this chapter.
“Massachusetts Port Authority”, the Massachusetts Port Authority established pursuant to chapter four hundred and sixty-five of the acts of nineteen hundred and fifty-six.
“Sumner tunnel”, the vehicular tunnel under Boston harbor, heretofore constructed and financed by the city of Boston under the provisions of chapter two hundred and ninety-seven of the acts of nineteen hundred and twenty-nine, including such real property and any improvements thereon, personal property, equipment, licenses, appurtenances and interests in land acquired or leased in connection with or incident to the construction, ownership, operation, rehabilitation, reconstruction, improvement, repair, maintenance or administration of such tunnel as are necessary for its safe and efficient operation and maintenance or which are otherwise convenient or desirable to carry out the purposes of this chapter.
“Ted Williams tunnel”, all or any segments of the roadways, bridges, viaducts and tunnels for vehicular traffic constructed by the highway department that constitute the interstate highway route 90 extension and its connecting roadways and tunnels, including (i) the harbor tunnel crossing beneath Boston harbor, beginning at and including the interchanges of state highway route 1A and the Logan airport access and egress roadways with interstate highway route 90 and continuing beneath Boston harbor to and including the interchange of interstate highway route 90 and South Boston Bypass road, but excluding the Logan airport access and egress roadways owned by the port authority on March first, nineteen hundred and ninety-seven and any additional access and egress roadways acquired by the Massachusetts Port Authority after March first, nineteen hundred and ninety-seven; (ii) the seaport access highway, so-called beginning at the interchange of interstate highway routes 90 and 93 and continuing to the interchange of interstate highway route 90 and South Boston Bypass road; and (iii) South Boston Bypass road, a portion of which is also known as South Boston Haul road, beginning at the interchange of interstate highway route 93 and South Boston Bypass road and continuing to the interchange of the seaport access highway, so-called, in the South Boston section of the city of Boston, including such real property and any improvements thereon, personal property, equipment, licenses, appurtenances and interests in land acquired or leased by the highway department in connection with or incident to the construction, ownership, operation, rehabilitation, reconstruction, improvement, repair, maintenance or administration of such roadways and tunnels as are necessary for their safe and efficient operation and maintenance or which are otherwise convenient or desirable to carry out the purposes of this chapter.
“Tobin memorial bridge”, the bridge formerly known as the Mystic river bridge, owned and operated by the Massachusetts Port Authority pursuant to chapter four hundred and sixty-five of the acts of nineteen hundred and fifty-six.
“Turnpike”, the limited access express toll highway, designated as interstate highway route 90, and all bridges, tunnels, overpasses, underpasses, interchanges, parking facilities, entrance plazas, approaches, connecting highways, service stations, restaurants, tourist information centers and administration, storage, maintenance and other buildings that the authority may own, construct or operate and maintain pursuant to the provisions of this chapter and any additional highway, tunnel and bridge components as the general court may from time to time determine, extending from the town of West Stockbridge on the commonwealth’s border with New York state to, but not including, the interchange of interstate highway route 90 and state highway route 128 in the town of Weston.
“Turnpike corridor”, the cities and towns of the commonwealth from the New York state border to state highway route 128 through which the turnpike runs and municipalities contiguous to such cities and towns.
“Turnpike revenues”, (i) all rates, fees, tolls, rentals or other charges and other earned income and receipts derived from or with respect to the ownership, operation, lease, rent or other use or disposition of the turnpike or any part thereof; and (ii) all other funds received by the authority, from whatever source, relating to the turnpike.
Chapter 81A: Section 30. Turnpike advisory board to the authority Section 30. (a) There shall be a turnpike advisory board to the authority to consist of nine members, two of whom shall be appointed by the governor and who shall be residents of a municipality in the turnpike corridor, one of whom shall be appointed by the commissioner of the division of capital asset management and maintenance, one of whom shall be appointed by the Massachusetts Audubon Society who shall be a resident of a municipality within the turnpike corridor, one of whom shall be appointed by the Massachusetts Association of Planning Directors who shall be a resident of a municipality within the turnpike corridor, four of whom shall be appointed by the Massachusetts Municipal Association, one of which shall be a resident of a municipality within the turnpike corridor from the New York state border east to the junction of interchange 5, one of which shall be a resident of a municipality within the turnpike corridor from the junction of interchange 5 west to the junction of interchange 11A and one of which shall be resident of a municipality within the turnpike corridor from the junction of interchange 11A east to the junction of interchange 14. Each member of the turnpike advisory board shall have one vote. A majority of members shall constitute a quorum and the advisory board may act by such majority vote represented in the quorum.
(b) For the conduct of its business, the turnpike advisory board shall adopt and may revise and amend by-laws. The advisory board shall convene its first meeting on or before March thirty-first, nineteen hundred and ninety-seven and shall thereafter convene regular meetings in accordance with its by-laws. The advisory shall annually elect a chairperson and vice chairperson and any other officers that the advisory board shall determine. Each member of the board shall serve for a term of two years and shall be eligible for reappointment. In the event of a vacancy, a successor shall be named by the person or organization who originally appointed the vacated member and such successor shall serve for the remainder of the unexpired term. Each member of said advisory board shall serve without compensation but may be reimbursed, as an expense of said advisory board, for all reasonable expenses incurred in the performance of its duties as approved by the advisory board.
(c) The purposes of the turnpike advisory board shall be to review and prepare comments on all documents submitted to it pursuant to section twenty-nine and to make recommendations to the authority within thirty days of receipt of such documents. The advisory board may hold public hearings on all matters before it.
(d) The turnpike advisory board may incur expenses, not to exceed fifty thousand dollars annually for expenditures authorized under paragraph (b) and for personnel and office expenses. Such expenses shall be paid by the authority in the current fiscal year from its operating budget and, for each year thereafter, shall be provided for in the current expense budgets of the turnpike.
Chapter 81A: Section 31. Construction of chapter Section 31. This chapter, being necessary for the welfare of the commonwealth and its inhabitants, shall be liberally construed to effect the purposes hereof.
Chapter 81A: Section 4. Powers of authority Section 4. The authority is hereby authorized and empowered:(a) to adopt by-laws for the regulation of its affairs and the conduct of its business;(b) to adopt an official seal and alter the same at its pleasure;(c) to maintain offices at such places within the commonwealth as it may determine and to conduct meetings of the authority in accordance with the by-laws of the authority and the provisions of the second paragraph of section fifty-nine of chapter one hundred and fifty-six B;(d) to sue and be sued in its own name, plead and be impleaded;(e) to own, construct, maintain, repair, reconstruct, improve, rehabilitate, use, police, administer, control and operate the turnpike or any part thereof and, consistent with agreements entered into with the highway department to the extent applicable, the metropolitan highway system or any part thereof, as it may determine; provided, however, that the provisions of chapter ninety-one shall not apply to the authority, except for any parts or areas thereof subject to said chapter ninety-one on March first, nineteen hundred and ninety-seven;(f) to acquire sites abutting the turnpike or the metropolitan highway system and to construct or contract for the construction of buildings and appurtenances for gasoline stations, restaurants, parking facilities, tourist information centers and other services and to lease such facilities in such manner and under such terms as it may determine;(g) to issue notes or bonds for any of its corporate purposes related to the turnpike payable solely from turnpike revenues or portions thereof pledged for their payment and to refund its notes or bonds pertaining to the turnpike or any part thereof or payable from such revenues, as provided in this chapter;(h) to issue notes or bonds for any of its corporate purposes related to the metropolitan highway system payable solely from the metropolitan highway system revenues or portions thereof pledged for their payment and to refund its notes or bonds pertaining to the metropolitan highway system or any part thereof or payable from such revenues, as provided in this chapter;(i) to fix and revise from time to time and charge and collect tolls for transit over the turnpike; provided, however, that it shall furnish upon request to a user of the turnpike a toll receipt showing the amount of toll paid, the classification of the vehicle, the date of payment and place of exit from said turnpike; provided further, that the authority shall convene at least two public hearings, each to be held in a community within the turnpike corridor, at least 30 days prior to the effective date of any proposed change in toll structure on the turnpike and shall allow for a one week comment period, after each such hearing, during which written testimony and comments shall be accepted;(j) to fix and revise from time to time and charge and collect tolls for transit over the metropolitan highway system; provided, however, that it shall furnish upon request to a user of the metropolitan highway system a toll receipt showing the amount of toll paid, the classification of the vehicle and the date of payment; provided further, that the authority shall convene at least two public hearings to be held within the metropolitan Boston area at least 30 days prior to the effective date of any proposed change in toll structure within the metropolitan highway system and shall allow for a one week comment period after each such hearing during which written testimony and comments shall be accepted;.
(k) to adopt such rules and regulations pursuant to the provisions of chapter thirty A and not repugnant to the provisions of the General Laws made applicable to the authority, as the authority determines necessary or appropriate to provide for or govern the construction or reconstruction, including contractor qualification, operation, maintenance, repair, rehabilitation, improvement, use, policing, control or administration of the turnpike, the metropolitan highway system or the authority’s business or property affairs. Such regulations may include the authority to grant easements, permits or other forms of authorization for the installation, construction, maintenance, repair, renewal, relocation and removal of tracks, pipes, pipelines, mains, conduits, cables, wires, towers, poles and other equipment and appliances of any public utility, private entity or corporation or person owning or operating such facilities in, on, along, over or under the turnpike or the metropolitan highway system.
Such regulations may impose penalties for violations thereof which, in the case of civil penalties, may be recovered only after notice and hearing conducted by the authority or its designee and subject to judicial review and enforcement pursuant to the provisions of said chapter thirty A or such other civil proceedings under the laws of the commonwealth or the United States as the law may provide and, in the case of criminal penalties, may be recovered in a proceeding in a trial court of the commonwealth by indictment or complaint. The amount of any such civil or criminal penalty, with the exception of penalties imposed under section nineteen, shall not exceed five hundred dollars for each offense, unless the law otherwise provides. The full amount of a civil penalty shall be paid to the authority and eighty percent of a penalty recovered in a criminal proceeding shall be accounted for and paid to the authority. The authority may further provide in such regulations for adjudicatory proceedings that it or its designee conducts which are subject to judicial review and enforcement according to the provisions of said chapter thirty A;(l) to acquire, lease, hold and dispose of real and personal property or any interest therein in the exercise of its powers and the performance of its duties pursuant to this chapter;(m) to place and maintain or grant permission by easement or otherwise to any public utility, corporation or person to place and maintain on or under or within the turnpike or the metropolitan highway system or any part thereof, ducts, pipes, pipelines, mains, conduits, cables, wires, towers, poles or other structures to be so located as not to interfere with the safe and convenient operation and maintenance of the turnpike or metropolitan highway system and to contract with any such public utility, corporation or person for such permission on such terms and conditions as may be fixed by the authority. The construction, maintenance and repair of any such ducts, pipes, pipelines, mains, conduits, cable, wires, towers, poles or other structures shall be subject to such directions and regulations as the authority may impose.
Whenever the authority shall determine that it is necessary that any such ducts, pipes, pipelines, mains, conduits, cable, wires, towers, poles or other structures which are now or hereafter may be located in, on, along, over or under the turnpike or the metropolitan highway system be relocated or removed, the public utility, corporation or person owning or operating such facilities shall relocate or remove the same in accordance with the order of the authority. In case of any such relocation or removal of facilities, the public utility, corporation or person owning or operating the same, its successors or assigns may maintain and operate such facilities, with the necessary appurtenances, in the new location for as long a period and upon the same terms and conditions as it had the right to maintain and operate such facilities in their former location;(n) to acquire in the name of the authority by purchase or otherwise, on such terms and conditions and in such manner as it may deem proper or by the exercise of the power of eminent domain in accordance with the provisions of chapter seventy-nine or any alternative method now or hereafter provided by law, such public lands and any fee simple absolute or lesser interest in such private property, or part thereof or rights therein as it may deem necessary for carrying out the provisions of this chapter;(o) To designate the locations and establish, limit and control such points of ingress to and egress from the turnpike or metropolitan highway system as may be necessary, convenient or desirable in the judgment of the authority to insure the proper operation and maintenance of the turnpike or metropolitan highway system to prohibit entrance to the turnpike or metropolitan highway system from any point or points not so designated;(p) to (i) construct grade separations at locations where the turnpike or metropolitan highway system intersect with or abut public highways or rail lines and to change and adjust the lines and grades of such highways or rail lines so as to accommodate the same to the design of such grade separation; and (ii) change the location of any portion of any public highway or rail line which intersects or abuts the turnpike or the metropolitan highway system in order to improve the safety or efficiency of the turnpike or metropolitan highway system; provided, however, that if the authority shall find it necessary to change the location of a public highway, it shall, after consultation with the highway department, reconstruct the same in as good a condition as the original highway and at such location as the authority, after such consultation, deems most favorable. All costs incident to construction, realignment or reconstruction conducted pursuant to this clause shall be borne by the authority;(q) to enter upon any lands, waters and premises in the commonwealth for the purpose of making surveys, soundings, drillings and examinations as the authority may deem necessary, convenient or desirable for carrying out the purposes of this chapter and such entry shall not be deemed a trespass nor shall an entry for such purposes be deemed an entry under any condemnation proceedings which may be then pending. The authority shall provide reimbursement for any actual damage resulting to such lands, waters and premises as a result of such activities. The commonwealth hereby consents to the use of all lands owned by it, including lands lying underwater, which are deemed by the authority to be necessary, convenient or desirable for the construction, operation or maintenance of the turnpike and the metropolitan highway system;(r) to make and enter into all contracts and agreements necessary, convenient or desirable in the performance of its duties and the execution of its powers under this chapter including, but not limited to, contracts or agreements with state, local or regional public agencies and authorities which the authority deems necessary, convenient, or desirable for the ownership, construction, operation, maintenance, repair, reconstruction, improvement, rehabilitation, use, control, administration or policing of the turnpike or any part thereof and the metropolitan highway system or any part thereof and agreements with the highway department and the Federal Highway Administration with respect to compliance with the provisions of Titles 23 and 49 of the United States Code as they may apply to the turnpike or the metropolitan highway system; provided, however, that sections twenty-six to twenty-nine, inclusive, and sections forty-four A to forty-four J, inclusive, of chapter one hundred and forty-nine and sections thirty-nine F to thirty-nine M, inclusive, of chapter thirty shall apply to contracts of the authority to the same extent and in the same manner as they are applicable to the commonwealth. Notwithstanding the provisions of this clause, the authority may, with the approval of the secretary of the executive office of transportation and construction, without competitive bids and notwithstanding the provisions of any general or special law to the contrary, award a contract, otherwise subject to this section, limited to the performance of emergency repairs necessary to preserve the safety of persons or property;(s) to employ consulting engineers, attorneys, accountants, construction and financial experts, superintendents, managers, toll collectors and such other employees and agents as may be necessary in its judgment, and to fix their compensation;(t) to receive and accept from any federal agency grants for or in aid of the ownership, construction, operation, maintenance, repair, reconstruction, improvement, rehabilitation, use, control, administration or policing of the turnpike or any part thereof and the metropolitan highway system or any part thereof and to receive and accept aid or contributions from any source of either money, property, labor or other things of value to be held, used and applied only for the purposes for which such grants and contributions may be made; and(u) to do all acts and things necessary, convenient or desirable to carry out the powers expressly granted in this chapter.
Chapter 81A: Section 5. Issuance of notes or bonds; registration system Section 5. (a) For the purposes of this section, (i) the term “cost” shall mean any or all costs, whenever incurred, related to the turnpike or the metropolitan highway system or any part thereof including, without limitation, amounts for the following: acquisition, construction, maintenance, repair, reconstruction, improvement, rehabilitation, use, policing, administration, control or operation of facilities; acquisition of real or personal property; demolitions and relocations; labor, materials, machinery and equipment; services of architects, engineers and environmental and financial experts and other consultants; feasibility studies, plans, specifications and surveys; interest prior to and during the carrying out of any project and for a reasonable period thereafter; reserves for debt service or other capital or current expenses; costs of issuance; working capital, administrative expenses, legal expenses and other expenses necessary or incidental to the aforesaid, to the financing thereof and to the issuance of notes or bonds under the provisions of this chapter; and (ii) the words “costs of issuance” shall mean any amounts payable or reimbursable directly or indirectly by the authority and related to the sale and issuance of notes or bonds and the investment of the proceeds thereof and of revenues securing the same including, without limitation, printing costs, filing and recording fees, fees and charges of trustees, depositories, authenticating agents and paying agents, legal and auditing fees and charges, financial consultant fees, costs of credit ratings, premiums for insurance and fees payable for letters or lines of credit or other credit facilities securing notes or bonds, underwriting or placement costs, fees and charges for execution, transportation and safekeeping of notes or bonds, costs and expenses of refunding and other costs, fees and charges in connection with the foregoing.
(b) The authority is hereby authorized to provide by resolution at one time or from time to time for the issuance of notes or bonds of the authority to pay any costs relating to the ownership, construction, maintenance, repair, reconstruction, improvement, rehabilitation, use, policing, administration, control or operation of the turnpike or the metropolitan highway system or any part thereof and to fulfill any of its corporate purposes including, without limitation, for the purpose of providing funds (i) to refund or otherwise repay any or all debt or other obligations of the authority relating to the metropolitan highway system or any part thereof including, without limitation, any notes issued pursuant to chapter one hundred and two of the acts of nineteen hundred and ninety-five; (ii) to refund or otherwise pay any or all other debt or obligations of the authority relating to the turnpike, as defined in chapter 354 of the acts of 1952 in effect prior to the effective date of this section and to allocate such debt or obligations between the turnpike and the metropolitan highway system based upon the actual expenditure on the respective turnpike and the metropolitan highway system of the proceeds of the debt or other obligations to be refunded; (iii) to make any additional payments to the commonwealth relating to the acquisition by the authority of the central artery, the central artery north area and the Ted Williams tunnel pursuant to section twelve; and (iv) to pay any cost relating to the design, construction, operation, maintenance, administration or policing of the metropolitan highway system or any part thereof prior to their acquisition by the authority.
(c) The authority is hereby authorized and directed to provide by resolution at one time or from time to time for the issuance of notes or bonds of the authority to pay any or all debt or obligations assumed by the authority for any costs relating to the ownership, construction, maintenance, repair, reconstruction, improvement, rehabilitation, use, policing, administration, control or operation of the metropolitan highway system or any part thereof, as recommended in the report of the consultant team on the joint feasibility study regarding the metropolitan highway system dated December first, nineteen hundred and ninety-six authorized pursuant to section thirteen of chapter one hundred and two of the acts of nineteen hundred and ninety-five, as appearing in section one of chapter two hundred and seventy-three of the acts of nineteen hundred and ninety-five.
(d) The notes or bonds may be issued as general obligations of the authority or as special obligations of the authority payable, in the case of notes or bonds relating to the turnpike solely from turnpike revenues or any part thereof and, in the case of notes or bonds relating to the metropolitan highway system, solely from metropolitan highway system revenues or any part thereof. The authority may also provide by resolution for the issuance from time to time of temporary notes in anticipation of revenues to be collected or received by the authority or in anticipation of the receipt of other grants or aid.
The notes or bonds shall be dated, shall bear interest at such rates, either fixed or variable, and shall mature at such times, in the case of notes and any renewals thereof within ten years after their respective dates and, in the case of bonds, not exceeding forty years from their date, as may be determined by the authority and may be made subject to purchase or redeemable before maturity upon the satisfaction of such terms or conditions as may be specified by the authority or at the option of the authority or subject to purchase or redemption prior to maturity at the option of the holder thereof, in either case at such prices and under such terms and conditions as may be fixed by the authority prior to the issuance of the notes or bonds. The authority shall determine the form of the notes or bonds, including any interest coupons to be attached thereto, and shall fix the denominations of such notes or bonds and the places of payment of principal and interest which may be at any bank or trust company within or without the commonwealth.
(e) The notes or bonds shall be signed by the chairman of the authority or shall bear his facsimile signature and shall bear the official seal of the authority or a facsimile thereof, attested by the manual or facsimile signature of the chief financial officer of the authority, and any coupons attached thereto shall bear the facsimile signature of the chairman of the authority. In case an officer whose signature or a facsimile of whose signature shall appear on any notes, bonds or coupons shall cease to be such officer before the delivery of such notes, bonds or coupons, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery.
The authority may also establish and maintain a system of registration for any notes or bonds whereby the name of the registered owners, the rights evidenced by the notes or bonds, the transfer of the notes or bonds and such rights and other similar matters shall be recorded in books or other records maintained by or on behalf of the authority and no instrument evidencing such notes or bonds or rights shall be required to be delivered to the registered owner by the authority. A copy of the books or other records of the authority pertaining to any notes or bonds registered under such registration system certified by an authorized officer of the authority or by the agent of the authority maintaining such system shall be admissible in any proceeding without further authentication.
All notes or bonds issued under the provisions of this chapter shall have and are hereby declared to have all the qualities and incidents of negotiable instruments, including negotiability of investment securities, under the Uniform Commercial Code. The notes or bonds may be issued in coupon or in registered form or both as the authority may determine and provisions may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest for the reconversion into coupon bonds of any bonds registered as to both principal and interest and for the interchange of registered and coupon bonds.
The authority may sell such notes or bonds in such manner, either at public or private sale, and for such prices as it may determine to be in the best interest of the authority. The authority may enter into such arrangements as it deems necessary or appropriate in connection with such notes or bonds to obtain insurance or other credit or liquidity support for such notes or bonds.
(f) The authority shall have power from time to time to issue renewal notes, to issue bonds to pay notes and to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose. The refunding bonds shall be sold and the proceeds applied to the purchase, redemption or other payment of the bonds to be refunded. The authority shall, prior to the issuance of notes and bonds pursuant to this clause, notify the house committee on long term debt and capital expenditures and the house committee on ways and means in writing of the authority’s intention to issue such notes or bonds and the amounts thereof and a description of the notes or bonds they are replacing.
(g) Notes or bonds may be issued under the provisions of this chapter without obtaining the consent of any department, division, commission, board, bureau or agency and without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions or things which are specifically required by this chapter.
(h) Neither the members of the board nor any person executing the notes or bonds shall be liable personally on the notes or bonds or be subject to any personal liability or accountability by reason of the issuance thereof.
(i) Notes or bonds issued under the provisions of this chapter shall not constitute a debt of the commonwealth or of any political subdivision thereof or a pledge of the faith and credit of the commonwealth or of any such political subdivision but such notes or bonds shall be payable solely from the funds herein provided therefor from turnpike revenues or metropolitan highway system revenues, as applicable. All such notes or bonds shall contain on their face a statement to the effect that neither the commonwealth nor the authority shall pay the same or the interest thereon except from revenues of the turnpike or the metropolitan highway system, as applicable, and that neither the faith and credit nor the taxing power of the commonwealth or of any political subdivision thereof is pledged to the payment of the principal of or the interest on such notes or bonds.
(j) In connection with or incidental to the acquisition or carrying of any investment or program of investment or carrying of notes or bonds, the authority may enter into such contracts as it may determine to be necessary or appropriate to place the investment or obligation of the authority, as represented by the notes or bonds, investment or program of investment and the contracts, in whole or in part, on such interest rate or cash flow basis as it may desire including, without limitation, interest rate swap agreements, insurance agreements, forward payment conversion agreements, futures contracts, contracts providing for payments based on levels of or changes in interest rates or stock or other indices, contracts to exchange cash flows or a series of payments and contracts to hedge payment, rate, spread or similar exposure including, without limitation, interest rate floors or caps, options, puts and calls. Such contracts shall contain such payment, security, default, remedy and other terms and conditions as the authority may deem appropriate and shall be entered into with such parties as the authority may select after giving due consideration, where applicable, for the creditworthiness of such parties, including any rating by a nationally recognized rating agency or any other criteria as may be appropriate.
(k) The authority may by resolution delegate to any officer of the authority the power to determine any of the matters set forth in this section.
(l) Notwithstanding any provision in this chapter to the contrary, the authority shall not issue any notes or bonds for any purpose authorized in this chapter without prior approval by law; provided, however, that the authority may, without such prior approval but upon written notification to the house committee on long term debt and capital expenditures and the house committee on ways and means, issue notes and bonds for the purpose of refunding any notes or bonds of the authority outstanding as of March first, nineteen hundred and ninety-seven or for the purpose of making any additional payment to the commonwealth relating to the acquisition by the authority of the central artery, the central artery north area and the Ted Williams tunnel pursuant to section twelve and for the purposes of notes and bonds issued pursuant to subsection (c).
Chapter 81A: Section 6. Securing of notes or bonds by bond resolution, trust agreement, or other agreement Section 6. In the discretion of the authority, the notes or bonds issued under the provisions of this chapter may be secured by a bond resolution, trust agreement or other agreement in such form and executed in such manner as may be determined by the members, by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the commonwealth. Such bond resolution, trust agreement or other agreement providing for the issuance of such notes or bonds may pledge or assign the tolls and other revenues to be received but shall not convey or mortgage the turnpike, the metropolitan highway system or any part thereof. Such pledge shall be valid and binding from the time when the pledge is made and the tolls or other revenues so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act and the lien of any such pledge shall be valid and binding against all parties having claims of any kind against the authority without regard to whether such parties have notice thereof. None of the bond resolution, trust agreement or other agreement by which a pledge is created shall be required to be filed or recorded except in the records of the authority.
Such bond resolution, trust agreement or other agreement providing for the issuance of notes or bonds may contain such provisions for protecting and enforcing the rights and remedies of the holders of the notes or bonds as may be reasonable and proper including, without limiting the generality of the foregoing, provisions defining defaults and providing for remedies in the event thereof which may include the acceleration of maturities, restrictions on the individual right of action by bondholders and covenants setting forth the duties of and limitations on the authority in relation to the ownership, acquisition, construction, improvement, enlargement, alteration, equipping, furnishing, maintenance, use, operation, repair, reconstruction, rehabilitation, policing, administration, insurance and disposition of the turnpike and metropolitan highway system, the custody, safeguarding, investment and application of moneys, the issuance of additional or refunding bonds, the fixing, revision, charging and collection of tolls, the use of any surplus bond proceeds, the establishment of reserves and the making and amending of contracts. It shall be lawful for any bank or trust company incorporated under the laws of the commonwealth which may act as depository of the proceeds of notes or bonds or of revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the authority.
Chapter 81A: Section 7. Protection and enforcement of rights by holders of notes or bonds Section 7. Any holder of notes or bonds issued under the provisions of this chapter or any of the coupons appertaining thereto and the trustee under any bond resolution, trust agreement or other agreement, except to the extent the rights herein given may be restricted by such bond resolution, trust agreement or other agreement, may, in any court by action or other proceeding, protect and enforce any and all rights under the laws of the commonwealth or granted hereunder or under such bond resolution, trust agreement or other agreement authorizing the issuance of such notes or bonds and may enforce and compel the performance of all duties required by this chapter or by such bond resolution, trust agreement or other agreement to be performed by the authority or by any officer thereof, including the fixing, charging and collecting of tolls.
Chapter 81A: Section 8. Exemption from taxation Section 8. The exercise of the powers granted by this chapter shall be in all respects for the benefit of the people of the commonwealth, for the increase of their commerce and prosperity and for the improvement of their health and living conditions and as the operation and maintenance of the turnpike and the metropolitan highway system by the authority shall constitute the performance of essential governmental functions, the authority shall not be required to pay any taxes or assessments upon the turnpike, the metropolitan highway system or any property acquired or used by the authority under the provisions of this chapter or upon the income therefrom, except as may be otherwise provided by this chapter and the notes or bonds issued under the provisions of this chapter, their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation by and within the commonwealth.
Chapter 81A: Section 9. Designation of notes or bonds issued by authority as securities Section 9. Notes or bonds issued by the authority under the provisions of this chapter are hereby made securities in which all public officers and public bodies of the commonwealth and its political subdivisions, all insurance companies and savings banks, cooperative banks and trust companies in their banking department and within the limits set by section fourteen of chapter one hundred and sixty-seven E banking associations, investment companies, executors, trustees and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in notes, bonds or other obligations of a similar nature may properly and legally invest funds, including capital in their control or belonging to them, and such notes or bonds are hereby made obligations which may properly and legally be made eligible for the investment of savings deposits and the income thereof in the manner provided by section fifteen B of chapter one hundred and sixty-seven. Such notes or bonds are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the commonwealth for any purpose for which the deposit of notes or bonds of other obligations of the commonwealth is now or may hereafter be authorized by law.
PROCEDURE OF COUNTY COMMISSIONERS IN RESPECT TO HIGHWAYS Chapter 82: Section 1. Jurisdiction; notice; hearings Section 1. County commissioners within their respective counties may lay out, alter, relocate and discontinue highways and order specific repairs thereon in the manner herein provided, unless other provision is made by law. Sections one to thirteen, inclusive, shall apply to city councils or aldermen when authorized by city charters to lay out, alter, relocate and discontinue highways and to order specific repairs thereon, so far as applicable, and any hearing under any provision of said sections required to be held before a city council or board of aldermen so authorized may be held before a duly authorized committee thereof.
Notwithstanding any other provision of this chapter, no municipality shall layout, alter, relocate, or discontinue an existing way at its point of connection, or within five hundred yards of its point of connection, with an adjoining municipality which excludes motor vehicle traffic from the way until and unless (a) the city, town or county initiating such layout, alteration, relocation or discontinuance gives written notice of such action to the chief executive officer of abutting city, town, or county into which the said way extends, and (b) a public hearing is held by the city, town or county initiating such layout, alteration, relocation or discontinuance, public notice of which must be published for each of the two weeks preceding such hearing in a newspaper of general circulation in the abutting city, town or county into which the said way extends, and (c) the chief executive officer of such abutting city, town or county concurs in writing, in such layout, alteration, relocation or discontinuance. If within ninety days of the date of such hearing required by this section there is no concurrence by the abutting city, town or county into which the said way extends, the initiating city, town or county may make a written request to the commissioner of the state department of highways to approve of the said layout, alteration, relocation or discontinuance. If the said commissioner so approves, the said layout, alteration, relocation or discontinuance shall take effect and be valid without the concurrence of the abutting city, town or county into which the said way extends.
A city or town may, without complying with the foregoing provisions of this section, exercise the authority granted to it by section thirty-two A.
PROCEDURE OF COUNTY COMMISSIONERS IN RESPECT TO HIGHWAYS Chapter 82: Section 10. Specific repair of ways Section 10. If, upon a petition for the laying out or alteration of a highway, the commissioners, after a view and hearing, are of the opinion that the existing highway between the termini mentioned in the petition can be so far amended as to supersede the necessity of laying out a new highway or of altering the location of existing ways, they may, after notice to the towns interested, direct specific repairs to be made in the existing ways in such manner as the public convenience may require; and may apportion the expense thereof upon the county and towns respectively as in laying out highways. At the time of ordering specific repairs upon a highway, they may direct it to be closed for public travel for a reasonable time. Towns in which specific repairs are ordered shall make them. Nothing in this chapter with respect to commissioners’ orders for specific repairs shall relieve towns from their duties and liabilities with respect to keeping public ways in repair.
PROCEDURE OF COUNTY COMMISSIONERS IN RESPECT TO HIGHWAYS Chapter 82: Section 11. Relocation Section 11. If application is made to the commissioners by a town, or by five inhabitants thereof, to relocate or order specific repairs on a way within such town, whether it was laid out by authority of the town or otherwise, they may, either for the purpose of establishing the boundary lines of such way or of making alterations in the course or width thereof, or of making specific repairs thereon, relocate it in the manner prescribed for laying out highways in sections two to nine, inclusive. The expense shall be assessed upon the petitioners or upon the county or town, or upon the land benefited by the improvement under chapter eighty, as the commissioners may order. The commissioners may, without petition, after giving notice as provided in section three, relocate any public way for the purpose of establishing its boundaries, or of making specific repairs thereon, in which case no part of the expense shall be assessed upon the town.
The commissioners may adjudicate and decree in respect to a portion of a way described in a petition pending before them, leaving the petition open pending a further or final adjudication and decree in respect to a further portion of said way or a final adjudication and decree as to the remainder of such way.
PROCEDURE OF COUNTY COMMISSIONERS IN RESPECT TO HIGHWAYS Chapter 82: Section 11A. Entry upon private lands for purpose of reconnaissances, surveys, soundings, inspections and examinations Section 11A. Whenever the commissioners or their authorized agents deem it necessary to make reconnaissances, surveys, soundings, inspections or examinations to obtain information for the layout and construction of highways or other projects under their jurisdiction, said commissioners or their authorized agents or employees may, after due notice by registered mail, given by the commissioners or their authorized agents, enter upon such lands, waters and premises, not including buildings, in their respective counties as they may deem necessary or convenient for the purposes of this chapter, and such entry shall not be deemed a trespass nor shall an entry for such purposes be deemed an entry under eminent domain proceedings. The county shall make reimbursement for any injury or actual damage to such lands, waters and premises caused by any act of the authorized agents or employees, and shall so far as possible restore such lands to the condition in which they were prior to making such entry. Such reimbursement shall be assessed upon the respective towns within which said areas have been entered upon.
PROCEDURE OF COUNTY COMMISSIONERS IN RESPECT TO HIGHWAYS Chapter 82: Section 12. Payment of damages and costs of construction Section 12. When a highway has been finally laid out, altered, relocated or discontinued, or when specific repairs are ordered on an existing highway by the county commissioners, the county shall be primarily liable for all damages thereby caused, or for all amounts awarded or assessed as indemnity. The commissioners shall determine what proportion if any of the expenses of the proceedings, cost of construction, damages and indemnity shall be assessed upon the land benefited under chapter eighty and whether the remainder, if any, shall be borne by the county, or by the towns in which the parts of the highway are respectively located. The commissioners shall notify each such town of any balance due from such town to the county under this section and may enforce payment as provided in section fifteen.
PROCEDURE OF COUNTY COMMISSIONERS IN RESPECT TO HIGHWAYS Chapter 82: Section 13. Payment of expenses of rejected petitions Section 13. If a highway is not finally laid out, relocated, altered or discontinued, or if specific repairs are not ordered, the expenses of the proceedings shall be paid by the persons who have recognized therefor. If they refuse or neglect, when required by the commissioners, to pay such expenses, such expenses or costs shall be paid by the county; and thereupon the commissioners may collect the same from the persons who so recognized, as provided by section eighteen of chapter thirty-four.
PROCEDURE OF COUNTY COMMISSIONERS IN RESPECT TO HIGHWAYS Chapter 82: Section 14. Failure by municipalities to construct highways laid out by commissioners Section 14. If, after a highway has been laid out by the commissioners, a city or town whose duty it is to make such highway, or a part thereof, does not make and complete the same within the time and in the manner prescribed and to the acceptance of the commissioners, they may forthwith cause such highway to be completed as aforesaid, and shall direct the expenses and charges of completing the same to be paid by the county and shall order notice thereof to be given to each delinquent city or town, stating the proportion which it is to pay.
PROCEDURE OF COUNTY COMMISSIONERS IN RESPECT TO HIGHWAYS Chapter 82: Section 15. Remedy against delinquent municipalities Section 15. If a delinquent city or town does not pay its proportion of such expenses and charges within sixty days after the date of said notice, with interest thereon at the rate of ten per cent a year from the time when the same is paid by the county, the commissioners may, after a hearing, issue a warrant against such city or town for the amount which it was ordered to pay, with interest and the further costs of such notice and warrant, which shall be collected and paid into the county treasury.
PROCEDURE OF COUNTY COMMISSIONERS IN RESPECT TO HIGHWAYS Chapter 82: Section 16. Payment of county’s share of expense Section 16. When a highway which has been laid out, specifically repaired, relocated or altered, is completed, in whole or in part, the commissioners shall view and carefully examine it throughout, and if they find that it has been well made according to their directions, they shall order the proportion of the expense for which the county is liable under section twelve or which has been assessed upon the land benefited to be paid by the county. Said commissioners, before work ordered by them is wholly completed, may pay to the city or town such proportion of the county’s share of the expense as they determine, having regard to the amount of work done and the proportion of the expense which they have determined the county shall pay.
PROCEDURE OF CITY AND TOWN OFFICERS IN RESPECT TO HIGHWAYS Chapter 82: Section 17. Jurisdiction Section 17. The city council of a city and the selectmen or road commissioners of a town may exercise original jurisdiction, concurrent with the county commissioners, of petitions for altering, relocating or making specific repairs upon a highway within the town limits, but except as to such parts thereof as, by such action, become unnecessary for public use, a city or town shall not discontinue any highway or diminish the width thereof, nor shall it assess upon the county any part of the expense of altering, relocating or repairing. The proceedings of cities and towns and their officers hereunder shall be the same as in the laying out of highways or town ways. Nothing in sections seventeen to nineteen, inclusive, shall diminish the powers over highways granted to a city by its charter.
PROCEDURE OF CITY AND TOWN OFFICERS IN RESPECT TO HIGHWAYS Chapter 82: Section 18. Notice to county commissioners of final action on petitions Section 18. Within two weeks after final action relative to the alteration or relocation of a highway or making specific repairs thereon, under the preceding section, the town clerk shall send a certified copy of the record of such final action to the county commissioners, who shall enter it upon their records.
PROCEDURE OF CITY AND TOWN OFFICERS IN RESPECT TO HIGHWAYS Chapter 82: Section 19. Appeal to county commissioners Section 19. An appeal may be taken to the county commissioners from any action under the two preceding sections, and they shall thereupon give a public hearing, with not less than fourteen days’ notice thereof, in the manner required in the laying out of highways or town ways and also by publishing in a newspaper a copy of the notice not less than seven days before the hearing. At such hearing the county commissioners may finally decide such appeal.
PROCEDURE OF COUNTY COMMISSIONERS IN RESPECT TO HIGHWAYS Chapter 82: Section 2. Petition; recognizance Section 2. If common convenience and necessity require a new highway from town to town or from place to place within the same town, or the alteration, specific repair or discontinuance of an existing highway, application therefor shall be made, by petition in writing, to the county commissioners having jurisdiction thereof. The petitioners shall, if so required by the county commissioners, before any action is taken upon such petition, cause a sufficient recognizance to be given to the county, with surety to the satisfaction of the commissioners, for the payment of all costs and expenses to the county which shall arise by reason of the proceedings on such petition, if the petitioners do not prevail.
PROCEDURE OF CITY AND TOWN OFFICERS IN RESPECT TO HIGHWAYS Chapter 82: Section 20. Applicability to railroad crossings Section 20. The three preceding sections shall not affect sections fifty-nine to eighty-two, inclusive, of chapter one hundred and fifty-nine, and sections ninety-five to one hundred and fourteen, inclusive, and section two hundred and fifty-two of chapter one hundred and sixty, relative to railroad corporations and street railway companies.
PROCEDURE OF CITY AND TOWN OFFICERS IN RESPECT TO TOWN WAYS AND PRIVATE WAYS Chapter 82: Section 21. Authority to lay out ways Section 21. The selectmen or road commissioners of a town or city council of a city may lay out, relocate or alter town ways, for the use of the town or city, and private ways for the use of one or more of the inhabitants thereof; or they may order specific repairs to be made upon such ways; and a town, at a meeting, or the city council of a city, may discontinue a town way or a private way.
PROCEDURE OF CITY AND TOWN OFFICERS IN RESPECT TO TOWN WAYS AND PRIVATE WAYS Chapter 82: Section 22. Notice of intention Section 22. Seven days at least prior to the laying out, relocation or alteration of a town way or private way a written notice of the intention of the selectmen or road commissioners of the town to lay out, relocate or alter the same shall be left by them, at the usual place of abode of the owners of the land which will be taken for such purpose, or delivered to such owner in person or to his tenant or authorized agent. If the owner has no such place of abode in the town and no tenant or authorized agent therein known to the selectmen or if, being a resident in the town, he is not known as such to the selectmen or road commissioners, such notice shall be posted in a public place in the town seven days at least before the laying out, relocation or alteration of such way. This section shall not apply to cities.
PROCEDURE OF CITY AND TOWN OFFICERS IN RESPECT TO TOWN WAYS AND PRIVATE WAYS Chapter 82: Section 23. Filing and acceptance of plan Section 23. No town way or private way which has been laid out, relocated or altered by the selectmen or road commissioners shall, except as hereinafter provided, be established until such laying out, relocation or alteration, with the boundaries and measurements of the way, is filed in the office of the town clerk and, not less than seven days thereafter, is accepted by the town at a town meeting. This section shall not apply to cities.
PROCEDURE OF CITY AND TOWN OFFICERS IN RESPECT TO TOWN WAYS AND PRIVATE WAYS Chapter 82: Section 24. Taking by eminent domain; damages Section 24. If it is necessary to acquire land for the purposes of a town way or private way which is laid out, altered or relocated by the selectmen, road commissioners or other officers of a town under this chapter, such officers shall, within one hundred and twenty days after the termination of the town meeting at which the laying out, alteration or relocation of such town way or private way is accepted by the town, acquire such land by purchase or otherwise, or adopt an order for the taking of such land by eminent domain under chapter seventy-nine or institute proceedings for such taking under chapter eighty A. Any person sustaining damage in his property by the laying out, alteration or relocation of a town way or private way shall be entitled to recover the same under said chapter seventy-nine, unless such damage was sustained in connection with a taking made in proceedings instituted under said chapter eighty A, and any person sustaining damage in his property by the discontinuance of a town way or private way or by specific repairs thereon shall be entitled to recover the same under said chapter seventy-nine. If no entry has been made upon land taken under said chapter seventy-nine for the purpose of a town way, or if the location has for any other cause become void, a person who has suffered loss or been put to expense by the proceedings shall be entitled to recover indemnity therefor under said chapter seventy-nine. If a private way is laid out, relocated, altered or discontinued by a town, or if a town makes specific repairs thereon, or if a town way is discontinued, the persons upon whose application such way is laid out, relocated, altered or discontinued or upon whose application specific repairs are made thereon shall, before such way is entered upon for the purposes of construction, or is closed up, give such town security satisfactory to the selectmen that they will indemnify such town for all damages and charges which it is obliged to pay by reason thereof, and all such damages and charges shall be repaid to the town by the persons making such application; provided, however, that in case of the discontinuance of a town way the selectmen may order a part of the damages to be paid by the town. The first sentence of this section shall not apply to cities.
PROCEDURE OF CITY AND TOWN OFFICERS IN RESPECT TO TOWN WAYS AND PRIVATE WAYS Chapter 82: Section 25. Sewers and pipes Section 25. In a town which accepts the provisions of this section or has accepted corresponding provisions of earlier laws, the selectmen, road commissioners or sewer commissioners may, when a town way is laid out, relocated or altered, enter and lay sewers and water pipes therein before possession is taken for the purpose of constructing such way, in like manner as if it had been actually constructed. Such entry shall not be deemed an entry for the purpose of constructing the way, and until such way has been constructed, sewer assessments shall be levied only upon the estates of persons connecting their drains with such sewers. If such laying out, relocation or alteration becomes void under the provisions of section three of chapter seventy-nine, all sewers or water pipes so laid therein shall be deemed to have been legally laid and placed therein; and damages may be recovered therefor under chapter seventy-nine; and the right to recover the same shall accrue when such laying out, alteration or widening becomes void. This section shall not apply to cities.
PROCEDURE OF COUNTY COMMISSIONERS IN RESPECT TO TOWN WAYS AND PRIVATE WAYS Chapter 82: Section 26, 27. Repealed, 1985, 276 PROCEDURE OF COUNTY COMMISSIONERS IN RESPECT TO TOWN WAYS AND PRIVATE WAYS Chapter 82: Section 28. Completion of way by county commissioners Section 28. If a town in which a town way or private way has been laid out, relocated, altered or approved in pursuance of the two preceding sections does not make and complete the same in the manner prescribed by the county commissioners, and to their satisfaction, within six months after it has been laid out, relocated, altered or approved, or within the time directed by them, they shall, forthwith, cause such way to be completed, and the expenses, interest and charges thereof shall be determined and paid in the manner provided in sections fourteen and fifteen.
PROCEDURE OF COUNTY COMMISSIONERS IN RESPECT TO TOWN WAYS AND PRIVATE WAYS Chapter 82: Section 29. Private ways; laying out, relocation or alteration by commissioners Section 29. If the laying out, relocation or alteration of a private way is desired in a town for the use of one or more persons who are not inhabitants thereof, or if the laying out, relocation or alteration of a private way lying partly in one town and partly in another is desired, the county commissioners may cause such way to be laid out, relocated or altered, in the manner provided in section twenty-six.
PROCEDURE OF COUNTY COMMISSIONERS IN RESPECT TO HIGHWAYS Chapter 82: Section 3. Notice of proposed taking and view or hearing; publication Section 3. Fifteen days at least before the time appointed for a view or hearing, the commissioners shall cause notice of the time and place appointed therefor and a copy of such petition to be served upon the clerk of every town wherein such new highway, alteration, specific repair or discontinuance is prayed for and in the event a plan has been prepared for such new highway, alteration, specific repair or discontinuance the commissioners shall, at least seven days before the date for such hearing or view, mail to the recorded owners of land, subject to a taking because of such new highway alteration or specific repair, a notice of the proposed taking and the time and place of such view or hearing. In the event a plan has not been prepared prior to such hearing or view then at least seven days before the final approval of plans for such new highway, alteration, specific repair or discontinuance the commissioners shall provide a hearing for the recorded owners of land subject to taking and mail them notice of such hearing at least seven days before the date set for such hearing. Seven days at least before the time appointed for such view or hearing, they shall cause notice of the time and place appointed therefor to be mailed to each person whose land may be subject to a taking for such purpose, and such notice shall inform such land owner of the proposed taking. They shall also cause copies of the petition, or abstracts thereof, and of the notice, to be posted in two public places in each of said towns and to be published in such newspaper as they shall order; the posting and the last publication to be seven days at least before any view, hearing or adjudication on such petition.
PROCEDURE OF COUNTY COMMISSIONERS IN RESPECT TO TOWN WAYS AND PRIVATE WAYS Chapter 82: Section 30. Discontinuance by commissioners Section 30. Upon the application in writing of a person aggrieved by the refusal of a town to discontinue a town way or private way, the county commissioners may order such way to be discontinued. If a town way has been laid out, relocated or altered by the county commissioners, it shall not within two years thereafter be discontinued, relocated or altered by the town; and if such way has been discontinued by the county commissioners, the town shall not within two years thereafter lay out the same again.
PROCEDURE OF COUNTY COMMISSIONERS IN RESPECT TO TOWN WAYS AND PRIVATE WAYS Chapter 82: Section 31. Costs for hearing petitions; recognizance Section 31. If an application is made to the county commissioners under sections twenty-six, twenty-seven, twenty-nine or thirty, they may cause a recognizance to be given to the county such as is required in applications for highways; and like proceedings may be had on such recognizance. They shall also cause notice to be given, before they proceed to view or to hear the parties, as in the case of highways.
PROCEDURE OF COUNTY COMMISSIONERS IN RESPECT TO TOWN WAYS AND PRIVATE WAYS Chapter 82: Section 32. Report of laid out, relocated or altered roads; recordation Section 32. When a town way or private way is laid out, relocated or altered by the selectmen or road commissioners or by the county commissioners, they shall in their report or return thereof specify the manner in which such way is laid out, relocated or altered and shall transmit to the town clerk a description of the location and bounds thereof, which shall within ten days be recorded by him in a book kept for that purpose; and no town shall contest the legality of a way laid out by it and accepted and recorded as provided in this chapter. Sections twenty-six to thirty-two, inclusive, shall apply to cities.
PROCEDURE OF COUNTY COMMISSIONERS IN RESPECT TO TOWN WAYS AND PRIVATE WAYS Chapter 82: Section 32A. Abandonment of municipal ways Section 32A. The board or officers of a city or town having charge of a public way may, after holding a public hearing, notice of which shall be sent by registered mail, return receipt requested, to all property owners abutting an affected road and notice of which shall be published in a newspaper of general circulation in the city or town once in each of two successive weeks, the first publication to be not less than fourteen days before the day of the hearing and by posting in a conspicuous place in the office of the city or town clerk for a period of not less than fourteen days before the day of the hearing, upon finding that a city or town way or public way has become abandoned and unused for ordinary travel and that the common convenience and necessity no longer requires said town way or public way to be maintained in a condition reasonably safe and convenient for travel, shall declare that the city or town shall no longer be bound to keep such way or public way in repair and upon filing of such declaration with the city or town clerk such declaration shall take effect, provided that sufficient notice to warn the public against entering thereon is posted at both ends of such way or public way, or portions thereof.
PROCEDURE OF COUNTY COMMISSIONERS IN RESPECT TO TOWN WAYS AND PRIVATE WAYS Chapter 82: Section 32B. Taking slope easement to protect ways Section 32B. Wherever in this chapter or in any city charter a board of officers is authorized to take land by eminent domain under chapter seventy-nine, in connection with the laying out, widening, altering or relocating of a public way, such board of officers shall be authorized to take an easement in land adjoining the location of the public way consisting of a right to have the land of the location protected by having the surface of such adjoining land slope from the boundary of the location.
PROCEDURE OF COUNTY COMMISSIONERS IN RESPECT TO TOWN WAYS AND PRIVATE WAYS Chapter 82: Section 32C. Easements for erection of snow fences Section 32C. A city or town may purchase, receive, or take by eminent domain easements or other rights or interests in land adjacent to a public way for the purpose of erecting and maintaining snow fences, so-called, thereon; provided, however, that such snow fences shall not be erected prior to November first of each year and shall be removed by May first of the next ensuing year.
A taking of any interest in land by eminent domain under this section shall be deemed a taking for highway purposes under section five B of chapter seventy-nine.
WAYS AND PARTS OF WAYS FOR SPECIAL PURPOSES Chapter 82: Section 33. Footways Section 33. Cities and towns may lay out footways for the use of the public in the manner provided for the laying out of town ways.
WAYS AND PARTS OF WAYS FOR SPECIAL PURPOSES Chapter 82: Section 34. Reserved spaces along ways; rights of pedestrians injured by streetcars Section 34. If the city council of a city, or a town, accepts this section or has accepted the corresponding provisions of earlier laws, the board or officers authorized to lay out highways or town ways may reserve spaces between the side lines thereof for the use of horseback riders, for bicycle paths or for street railways, except such as may be operated by steam, for drains, sewers and electric wires, for trees and grass, and for planting. A pedestrian who is injured by a street railway car within or upon any of the spaces so reserved for street railways shall have the rights of a traveler on the highway.
WAYS AND PARTS OF WAYS FOR SPECIAL PURPOSES Chapter 82: Section 35. Bicycle paths Section 35. The board or officers authorized to lay out highways or town ways may lay out, construct and maintain bicycle paths under the provisions of law relative to the laying out, construction and maintenance of public ways.
WAYS AND PARTS OF WAYS FOR SPECIAL PURPOSES Chapter 82: Section 35A. Laws relative to public ways; definition Section 35A. The board or officers authorized to lay out highways or town ways may lay out, construct and maintain rail trails under the laws relative to the laying out, construction and maintenance of public ways. For purposes of this section, a rail trail shall mean property converted from the former use as a railroad right-of-way to a use as a publicly-owned, improved and maintained corridor for bicycle, pedestrian and other non-motorized public transportation, recreation and associated purposes. Rail trails may be laid out on property a city or town has acquired by fee, easement, lease, license or otherwise and may be subject to a reversion allowing the railroad company or authority to reclaim the property for rail purposes upon written notice. The owner of such reversion shall be exempt from liability for any claims associated with use of any such rail trail including claims for damages that may arise under section 15 of chapter 84 and section 38 of chapter 161A.
WAYS AND PARTS OF WAYS FOR SPECIAL PURPOSES Chapter 82: Section 36. Penalty for misuse of bicycle paths Section 36. Whoever trespasses upon bicycle paths named in the two preceding sections by driving thereon with a horse or other animal, except to cross the same, shall be punished by a fine of not more than twenty dollars; but the aldermen or selectmen may prescribe limits within which this section shall not apply.
WAYS AND PARTS OF WAYS FOR SPECIAL PURPOSES Chapter 82: Section 37. Building lines Section 37. If a city by its city council or a town accepts this section or has accepted corresponding provisions of earlier laws, a building line not more than forty feet distant from the exterior line of a highway or town way may be established in the manner provided for laying out ways, and thereafter no structures shall be erected or maintained between such building line and such way, except steps, windows, porticos, other usual projections appurtenant to the front wall of a building, embankments, walls, fences and gates, to the extent prescribed in the vote establishing such building line, and except that any structure existing at the time of the establishment of the building line may be permitted to remain and to be maintained to such extent and under such conditions as may be prescribed in the vote establishing such building line. Whoever sustains damage thereby may recover the same under chapter seventy-nine. A building line established under this section may be discontinued in the manner provided for the discontinuance of a highway or town way. Whoever sustains damages by the discontinuance of a building line may recover the same under chapter seventy-nine.
WAYS AND PARTS OF WAYS FOR SPECIAL PURPOSES Chapter 82: Section 38. Acquisition of land for road materials Section 38. The county commissioners, aldermen or selectmen or road commissioners may purchase or select and lay out land within their respective counties, cities or towns, not appropriated to public uses or owned by any other town, from which may be taken materials necessary for the construction, repair or improvement of public ways; and may lay out such ways as they consider necessary for convenient access thereto. All proceedings relative to such land and ways shall be the same as are provided in the laying out of other ways, and if it is necessary to acquire land for the purposes of this section, the same may be taken by eminent domain under chapter seventy-nine.
FILING OF PETITIONS Chapter 82: Section 39. Commencement of proceedings Section 39. Petitions to the county commissioners relative to highways and town ways may be filed with and the recognizance taken by the clerk of said commissioners, and such filing shall be the commencement of proceedings.
PROCEDURE OF COUNTY COMMISSIONERS IN RESPECT TO HIGHWAYS Chapter 82: Section 4. View of premises; adjudication Section 4. They shall view the premises if they consider it expedient or if requested by any party interested; and shall hear the parties, either at the time of the view, at a regular or special meeting or at an adjournment thereof, as they determine; and as soon as may be after the hearing, they shall determine whether the laying out, altering, specifically repairing or discontinuing such highway is required by the common convenience and necessity. If they adjudicate that the action prayed for is not required by common convenience and necessity, the petition shall be dismissed; otherwise they shall proceed in the manner prescribed in section five.
FILING OF PETITIONS Chapter 82: Section 40. Definitions Section 40. The following words, as used in this section and sections 40A to 40E, inclusive, shall have the following meanings:—“Company”, natural gas pipeline company, petroleum or petroleum products pipeline company, public utility company, cable television company, and municipal utility company or department that supply gas, electricity, telephone, communication or cable television services or private water companies within the city or town where such excavation is to be made.
“Description of excavation location”, such description shall include the name of the city or town, street, way, or route number where appropriate, the name of the streets at the nearest intersection to the excavation, the number of the buildings closest to the excavation or any other description, including landmarks, utility pole numbers or other information which will accurately define the location of the excavation.
“Emergency”, a condition in which the safety of the public is in imminent danger, such as a threat to life or health or where immediate correction is required to maintain or restore essential public utility service.
“Excavation”, an operation for the purpose of movement or removal of earth, rock or the materials in the ground including, but not limited to, digging, blasting, augering, backfilling, test boring, drilling, pile driving, grading, plowing in, hammering, pulling in, jacking in, trenching, tunneling and demolition of structures, excluding excavation by tools manipulated only by human power for gardening purposes and use of blasting for quarrying purposes.
“Excavator”, any entity including, but not limited to, a person, partnership, joint venture, trust, corporation, association, public utility, company or state or local government body which performs excavation operations.
“Premark”, to delineate the general scope of the excavation or boring on the paved surface of the ground using white paint, or stakes or other suitable white markings on nonpaved surfaces. No premarking shall be acceptable if such marks can reasonably interfere with traffic or pedestrian control or are misleading to the general public. Premarking shall not be required of any continuous excavation that is over 500 feet in length.
“Safety zone”, a zone designated on the surface by the use of standard color-coded markings which contains the width of the facilities plus not more than 18 inches on each side.
“Standard color-coded markings”, red - electric power lines, cables, conduit or light cables; yellow - gas, oil, street petroleum, or other gaseous materials; orange - communications cables or conduit, alarm or signal lines; blue - water, irrigation and slurry lines; green - sewer and drain lines; white - premark of proposed excavation.
“System”, the underground plant damage prevention system as defined in section 76D of chapter 164.
FILING OF PETITIONS Chapter 82: Section 40A. Excavations; notice Section 40A. No excavator installing a new facility or an addition to an existing facility or the relay or repair of an existing facility shall, except in an emergency, make an excavation, in any public or private way, any company right-of-way or easement or any public or privately owned land or way, unless at least 72 hours, exclusive of Saturdays, Sundays and legal holidays but not more than 30 days before the proposed excavation is to be made, such excavator has premarked not more than 500 feet of the proposed excavation and given an initial notice to the system. Such initial notice shall set forth a description of the excavation location in the manner as herein defined. In addition, such initial notice shall indicate whether any such excavation will involve blasting and, if so, the date and the location at which such blasting is to occur.
The notice requirements shall be waived in an emergency as defined herein; provided, however, that before such excavation begins or during a life-threatening emergency, notification shall be given to the system and the initial point of boring or excavation shall be premarked. The excavator shall ensure that the underground facilities of the utilities in the area of such excavation shall not be damaged or jeopardized.
In no event shall any excavation by blasting take place unless notice thereof, either in the initial notice or a subsequent notice accurately specifying the date and location of such blasting shall have been given and received at least 72 hours in advance, except in the case of an unanticipated obstruction requiring blasting when such notice shall be not less than four hours prior to such blasting. If any such notice cannot be given as aforesaid because of an emergency requiring blasting, it shall be given as soon as may be practicable but before any explosives are discharged.
FILING OF PETITIONS Chapter 82: Section 40B. Designation of location of underground facilities Section 40B. Within 72 hours, exclusive of Saturdays, Sundays and legal holidays, from the time the initial notice is received by the system or at such time as the company and the excavator agree, such company shall respond to the initial notice or subsequent notice by designating the location of the underground facilities within 15 feet in any direction of the premarking so that the existing facilities are to be found within a safety zone. Such safety zone shall be so designated by the use of standard color-coded markings. The providing of such designation by the company shall constitute prima facie evidence of an exercise of reasonable precaution by the company as required by this section; provided, however, that in the event that the excavator has given notice as aforesaid at a location at which because of the length of excavation the company cannot reasonably designate the entire location of its facilities within such 72 hour period, then such excavator shall identify for the company that portion of the excavation which is to be first made and the company shall designate the location of its facilities in such portion within 72 hours and shall designate the location of its facilities in the remaining portion of the location within a reasonable time thereafter. When an emergency notification has been given to the system, the company shall make every attempt to designate its facilities as promptly as possible.
FILING OF PETITIONS Chapter 82: Section 40C. Excavator’s responsibility to maintain designation markings; damage caused by excavator Section 40C. After a company has designated the location of its facilities at the location in accordance with section 40B, the excavator shall be responsible for maintaining the designation markings at such locations, unless such excavator requests remarking at the location due to the obliteration, destruction or other removal of such markings. The company shall then remark such location within 24 hours following receipt of such request.
When excavating in close proximity to the underground facilities of any company when such facilities are to be exposed, non-mechanical means shall be employed, as necessary, to avoid damage in locating such facility and any further excavation shall be performed employing reasonable precautions to avoid damage to any underground facilities including, but not limited to, any substantial weakening of structural or lateral support of such facilities, penetration or destruction of any pipe, main, wire or conduit or the protective coating thereof, or damage to any pipe, main, wire or conduit.
If any damage to such pipe, main, wire or conduit or its protective coating occurs, the company shall be notified immediately by the excavator responsible for causing such damage.
The making of an excavation without providing the notice required by section 40A with respect to any proposed excavation which results in any damage to a pipe, main, wire or conduit, or its protective coating, shall be prima facie evidence in any legal or administrative proceeding that such damage was caused by the negligence of such person.
FILING OF PETITIONS Chapter 82: Section 40D. Local laws requiring excavation permits; public ways Section 40D. Nothing in this section shall affect or impair local ordinances or by-laws requiring a permit to be obtained before excavation in a public way or on private property; but notwithstanding any general or special law, ordinance or by-law to the contrary, to the extent that any permit issued under the provisions of the state building code or state fire code requires excavation by an excavator on a public way or on private property, the permit shall not be valid unless the excavator notifies the system as required pursuant to sections 40 and 40A, before the commencement of the excavation, and has complied with the permitting requirements of chapter 82A.
FILING OF PETITIONS Chapter 82: Section 40E. Violations of Secs. 40A to 40E; punishment Section 40E. Any person or company found by the department of telecommunications and energy, after a hearing, to have violated any provision of sections 40A to 40E, inclusive, shall be fined $1,000 for the first offense and not less than $5,000 nor more than $10,000 for any subsequent offense within 12 consecutive months as set forth by the rules of said department; provided, however, that nothing herein shall be construed to require forfeiture of any penal sum by a state or local government body for violation of section 40A or 40C; and provided, further, that nothing herein shall be construed to require the forfeiture of any penal sum by a residential property owner for the failure to premark for an excavation on such person’s residential property.
FILING OF PETITIONS Chapter 82: Section 41, 42. Repealed, 1980, 502, Sec. 2 PROCEDURE OF COUNTY COMMISSIONERS IN RESPECT TO HIGHWAYS Chapter 82: Section 5. Procedure on objections to proposal Section 5. If at the time of the view or hearing as provided in section three when a plan has been prepared no person interested objects, the commissioners may, within twelve months thereafter, lay out, order specific repairs upon or alter such highway without further notice. If at such time any person interested objects, the commissioners shall not lay out, order specific repairs upon or alter such highway without another hearing, at which any party interested may be heard with respect to the manner in which the proposed improvement shall be carried out. Notice of such hearing shall be given in the manner prescribed in section three. If at the time of a view upon a petition for discontinuing a highway, the commissioners decide that it ought to be discontinued, they may at the same time adjudge that it be discontinued, without a further or subsequent meeting therefor; and if a return of said proceedings and adjudication is made and accepted at the next regular meeting of the commissioners, it shall be a discontinuance of such highway. The commissioners may adjudicate and decree in respect to a portion of a way described in a petition pending before them, leaving the petition open pending a further or final adjudication and decree in respect to a further portion of said way or a final adjudication and decree as to the remainder of such way.
PROCEDURE OF COUNTY COMMISSIONERS IN RESPECT TO HIGHWAYS Chapter 82: Section 6. Changes between termini; establishment of building lines Section 6. They may make such changes between the termini of the highway described in the petition, relative to the direction and course of such highway or to the alteration, specific repair or discontinuance thereof, as in their opinion the public convenience requires, and, in connection with the laying out, alteration or relocation thereof, may establish a building line not more than forty feet distant from the exterior line of such highway, extending for such distance from points where such highway joins an intersecting way, as defined in section one of chapter ninety, as may be necessary to insure the safety of the public, and thereafter no structures shall be erected or maintained between such building line and such highway except steps, windows, porticos, other usual projections appurtenant to the front wall of a building, embankments, walls, fences and gates, to the extent prescribed by the order establishing such building line. A building line so established may be discontinued in the manner provided for the discontinuance of a highway.
PROCEDURE OF COUNTY COMMISSIONERS IN RESPECT TO HIGHWAYS Chapter 82: Section 7. Taking land or easement by eminent domain; damages Section 7. If it is necessary, for the purpose of laying out, altering or relocating a highway, or establishing a building line in connection therewith, to acquire land, or an easement or right therein, the commissioners shall, at the same time that the highway is laid out, altered or relocated, take such land, easement or right by eminent domain under chapter seventy-nine. Any person sustaining damage in his property by the laying out, alteration, relocation or discontinuance of a highway, or by specific repairs thereon, or by the establishment or discontinuance of a building line, shall be entitled to recover the same under said chapter. If no entry has been made upon land taken for highway purposes, or if the location has for any other cause become void, or if specific repairs which have been ordered are not made, a person who has suffered loss or been put to expense by the proceedings shall be entitled to recover indemnity therefor under said chapter.
PROCEDURE OF COUNTY COMMISSIONERS IN RESPECT TO HIGHWAYS Chapter 82: Section 8. Construction requirements; payment of expenses Section 8. The commissioners, in their return, shall determine and specify the manner in which a new highway shall be laid out or an existing one altered, relocated or specifically repaired, and shall specify in sufficient detail the work required so that the same may be completed in accordance with the commissioners’ directions, and the time within which it shall be completed, and each town shall perform the work so required within its limits unless other provision is made. They may apportion the expense thereof upon the county and towns, respectively, or they may agree with the towns in which the highway is located or with the department of highways, or both, as to the apportionment of such expense to be paid by the towns, county or state, respectively. The selectmen or mayor shall give notice to said commissioners of the time when the work ordered is begun, and the commissioners or their agents shall examine the work as often as may be necessary during its progress to ascertain that it is well done according to the direction of the commissioners, and, in case the town does not perform the work to the acceptance of said commissioners, the provisions of sections fourteen and fifteen shall apply. The commissioners shall transmit to the clerk of each town in which the highway lies a description and plan of the location and bounds thereof within the limits of such towns respectively, which description shall be recorded within ten days by the clerk in a book kept for that purpose.
PROCEDURE OF COUNTY COMMISSIONERS IN RESPECT TO HIGHWAYS Chapter 82: Section 9. Culverts and cattle passes Section 9. If the commissioners require a culvert, cattle pass or other passageway to be made under a highway, they may order the town to construct the same as a part of the highway, and may order the whole or any part of the expense to be paid by the county.
and regulations; fines Section 1. An excavator shall not leave an open trench unattended without first making reasonable effort to eliminate any recognized safety hazard that may exist as a result of leaving the open trench unattended. The commissioner of public safety, in conjunction with the director of labor and workforce development, or his designee, shall promulgate rules and regulations governing all construction related excavations and trench safety. The rules and regulations shall include, but not be limited to, a description of recognized safety hazards that may exist as a result of leaving open trenches or excavations unattended, a description of the procedures required or recommended by the department to eliminate safety hazards which may include covering, barricading or otherwise protecting open trenches from accidental entry, and a penalty structure for each violation of the proposed rules and regulations to be imposed by the department empowered with ensuring compliance with the rules and regulations. This penalty structure shall include the imposition of a fine for each violation of the regulations promulgated pursuant to this section. Any such fines collected by the department of public safety or the department of labor and workforce development shall be available for expenditure, without further appropriation, by those departments in an amount not to exceed $100,000 during each fiscal year for the sole purpose of providing construction safety training for licensed operators of hoisting equipment, police department officials, fire department officials and building officials. Those departments may also charge a reasonable fee to help defray the costs associated with said training. Any monies collected from the imposition of these fines in excess of $100,000 shall be transmitted monthly by those departments to the state treasurer who shall then deposit the excess funds into the General Fund. The department of public safety, in conjunction with the department of labor and workforce development, shall file a report detailing the amount of fines imposed, collected and expended pursuant to this section with the house and senate committees on ways and means and with the joint committee on public safety not later than August 15 of each year. The rules and regulations shall not be effective until the department of public safety has received a formal determination from the United States Secretary of Labor that the proposed rules or regulations do not seek to assume responsibility for development and enforcement therein of occupational safety and health standards relating to any occupational safety or health issue with respect to which a federal standard has already been promulgated under 29 U.
S.
C. section 667 or until the rules and regulations are approved by the United States Secretary of Labor as a state plan for the development of the standards and their enforcement pursuant to 29 U.
S.
C. section 667(c).
Section 5. The requirements of this chapter are in addition to the requirements set forth in sections 40 to 40D, inclusive, of chapter 82 and not in lieu thereof.
Chapter 83: Section 1. Authorization; connecting sewers; approval of plans; acquisition of lands by eminent domain or purchase; agreements with municipalities or districts; contracts Section 1. A city or town may lay out, construct, maintain and operate a system or systems of common sewers and main drains in public or private ways for a part or the whole of its territory as they adjudge necessary for the public convenience or the public health with such connections and other works as may be required for a system or systems of sewerage and drainage, stormwater treatment and disposal, and sewage treatment and disposal. Such works for sewage treatment and disposal may include any wastewater treatment facility for treating, neutralizing or stabilizing sewage including treatment or disposal plants; the necessary intercepting, outfall and outlet sewers; pumping stations integral to such facilities; and equipment and appurtenances related to the foregoing. The works for drainage may include a stormwater treatment facility or measure of treating, or removing sediment or contaminants from, stormwater discharges. For the purposes of this chapter the word “sewage” shall mean wastewater from homes, public buildings, commercial or industrial establishments, or any combination thereof, and shall include any surface or ground water that may be present therein. For the purposes of this chapter, the word ‘stormwater’ shall mean surface runoff from precipitation.
A city or town may install and maintain, in any way therein where sanitary sewers are constructed, such connecting sewers within the limits of such way as may be necessary to connect any estate which abuts upon the way.
No act shall be done except in the making of surveys, reports and other preliminary investigations, until the plan for said system or systems of sewerage and sewage treatment and disposal has been approved by the department of public health.
The aldermen of a city or selectmen, sewer commissioners, or road commissioners, acting for and on behalf of a city or town, may take by eminent domain under chapter seventy-nine, or acquire by purchase or otherwise, any lands, rights of way or easements, public or private, in said city or town, necessary for accomplishing any purpose mentioned in this section, and may construct such sewers or drains under or over any bridge, railroad, railway, or public way, or within the location of any railroad, and may enter upon and dig up any private land, public way or railroad location, for the purpose of laying such sewers or drains and of maintaining and repairing the same, and may do any other thing proper or necessary for the purpose of this section; provided that they shall not take in fee any land of a railroad corporation, and that they shall not enter upon or construct any sewer or drain within the location of any railroad corporation except at such time and in such manner as they may agree upon with such corporation, or, in case of failure to agree, as may be approved by the department of telecommunications and energy. Any person injured in his property by such action may recover damages from such city or town under chapter seventy-nine.
Any city, town or district may enter into agreements and contracts with the Massachusetts Water Resources Authority for the purpose of making connections and for the collection, treatment and disposal of sewage. No connection shall be made until the plans have been approved by the department of environmental protection and in instances within the sewer system of the Massachusetts Water Resources Authority until the contract and plans are approved by the said Authority. The word “district”, as used in this paragraph, shall be construed, so far as apt, as it is defined in section one A of chapter forty.
Until the board of sewer commissioners has first been elected or the selectmen have first been authorized by vote to act as such board, as the case may be, the town may carry on such work by a duly authorized committee of the town. Said committee shall serve without compensation and shall have all the powers and authority usually conferred upon a board of sewer commissioners by law.
A city, town, commission or district through its sewer department, if any, if thereunto authorized by ordinance, or by-law or by vote of its governing body if a commission or district, may make contracts with, or may go to aid any other city, town, commission or district with regard to the operation, repair and maintenance of the physical properties of its system or systems of sewers and drains. Any such ordinance, by-law or vote may authorize the head of the department in charge of sewers and drains to enter into contracts or to extend such aid subject to such conditions and restrictions as may be prescribed therein. Members of such departments of cities, towns, commissions or districts while in the performance of their duties under such contracts or in extending such aid shall have the same immunities and privileges as if performing the same work in their respective cities, towns, commissions, and districts. Any city, town, commission or district aided under this section shall compensate any city, town, commission or district rendering aid as aforesaid, for such aid and for the whole or any part of any damage to its property sustained in the course of rendering such aid. Any contracts under this section may be for a period not exceeding twenty years.
Chapter 83: Section 10. Rules and regulations regarding use and connections Section 10. A city, town or sewer district may, from time to time, prescribe rules and regulations regarding the use of common sewers to prevent the entrance or discharge therein of any substance which may tend to interfere with the flow of sewage or the proper operation of the sewerage system and the treatment and disposal works, for the connection of estates and buildings with sewers, for the construction, alteration, and use of all connections entering into such sewers, and for the inspection of all materials used therein; and may prescribe civil penalties, not exceeding five thousand dollars for each day of violation of any such rule or regulation. A city, town, sewer district, or a district established for the purpose of managing stormwater, pursuant to section 1A of chapter 40, may from time to time prescribe rules and regulations for the use of main drains and the management of stormwater to prevent the discharge of sediment and pollutants therein which may tend to degrade wetlands, streams, other surface water bodies, and groundwater and to inspect the facilities for the collection and infiltration of stormwater in order to reduce flooding and improve the quality of and decrease the quantity of stormwater runoff; for the connection of estates and buildings with main drains; for the construction, alteration, and use of all connections entering into such main drains; and for the inspection of all materials used therein; and may prescribe civil penalties, not exceeding $5,000 for each day of violation of a rule or regulation. Such rules and regulations shall be published once in a newspaper published in the city or town, if there be any, and if not, then in a newspaper published in the county, and shall include a notice that said rules and regulations shall be available for inspection by the public, and shall not take effect until such publication has been made.
Chapter 83: Section 11. Sewer connections Section 11. The board of health of a town may require the owner or occupant of any building upon land abutting on a public or private way, in which there is a common sewer, to connect the same therewith by a sufficient drain, and such owner or occupant who fails to comply with such order shall be punished by a fine of not more than two hundred dollars.
Chapter 83: Section 12. Repair of private drains Section 12. If a city council or a town accepts this section or has accepted corresponding provisions of earlier laws, the board of health may require the owner or occupant of an estate which drains into a private drain in a public or private way to put such drain in good repair and condition. If he fails to comply with said order within ten days after notice thereof, he shall be punished by a fine of not more than twenty dollars for every day during which such failure continues.
Chapter 83: Section 13. Equity jurisdiction Section 13. The supreme judicial court and the superior court shall have jurisdiction in equity to restrain the unlawful use of common sewers or the placing or depositing of materials therein or the violation of regulations regarding the use thereof made under section ten, and to enforce the provisions of sections five to seven, inclusive.
Chapter 83: Section 14. Authorization Section 14. A person who enters his particular drain into a main drain or common sewer, or who by more remote means receives benefit thereby for draining his land or buildings, shall pay to the town a proportional part of the charge of making and repairing the same, and of the charge, not already assessed, of making and repairing other main drains and common sewers through which the same discharges, which shall be ascertained, assessed and certified by the aldermen, sewer commissioners, selectmen or road commissioners.
Chapter 83: Section 15. Sewerage systems; adoption; assessment; uniform units; separation of costs Section 15. The city council of a city or a town may adopt a system of sewerage for a part or the whole of its territory, and may provide that assessments under section fourteen shall be made upon owners of land within such territory by a fixed uniform rate or a rate based upon a uniform unit method.
A fixed uniform rate shall be based upon the estimated average cost of all the sewers therein, according to the frontage of such land on any way in which a sewer is constructed, or according to the area of such land within a fixed depth from such way, or according to both such frontage and area; but no assessment in respect to any such land, which by reason of its grade or level or any other cause cannot be drained into such sewer, shall be made until such incapacity is removed. If the assessment is according to the area within such fixed depth, the lien therefor shall attach to the parcel assessed.
A uniform unit method shall be based upon sewerage construction costs divided among the total number of existing and potential sewer units to be served, after having proportioned the cost of special and general benefit facilities. Each sewer unit shall be equal to a single family residence. Potential sewer units shall be calculated on the basis of zoning then in effect. Existing and potential multifamily, commercial, industrial and semipublic uses shall be converted into sewer units on the basis of residential equivalents.
A city by ordinance or a town by by-law may separate the costs of general benefit facilities, including but not limited to pumping stations, trunk and force mains, from that of special benefit facilities, including but not limited to the sewer mains, serving adjacent properties. A portion of costs of the general benefit facilities may be apportioned by the uniform unit method on all areas to receive benefits within the pumping district or combination of districts. The cost of the general benefit facilities, attributable to undeveloped land not abutting a sewered street, may not be assessed until properties are serviced by public sewerage. The proportional cost of the special benefit and general benefit facilities may be assessed against all properties abutting a sewered street.
Chapter 83: Section 15A. Redetermination of assessment Section 15A. Any city at any meeting of the proper municipal authority, or any town at a town meeting, may, from time to time, redetermine the uniform rate fixed under section fifteen, or under any special law, and charged to the abutters for the construction of sewers.
Chapter 83: Section 15B. Estimated sewer assessments; construction of water pollution control facilities Section 15B. A city or town may assess and collect estimated sewer assessments in connection with the construction of water pollution collection, pumping, treatment and disposal facilities. The total amount of such estimated sewer assessments shall not exceed one-half of the municipality’s liability under all contracts it has entered into for the construction of such facilities, and the total of such estimated assessments shall be allocated by the same method to be used for the allocation of the actual assessments upon the completion of the work.
When the final costs of construction of the facilities has been determined, the city or town may assess and collect actual sewer assessments. The provisions of chapter eighty relative to the apportionment, division, interest and collection of assessments shall apply to estimated assessments under this section, but the provisions of chapter eighty relating to abatements shall not apply to estimated assessments under this section.
Revenues from estimated assessments under this section shall be dedicated to the payment of the costs of constructing the facilities or to paying the principal and interest on any debt issued in connection with the construction of the facilities, until all such costs and debt service obligations have been paid in full.
Chapter 83: Section 16. Charge for use of sewers Section 16. The aldermen of any city or the sewer commissioners, selectmen or road commissioners of a town, may from time to time establish just and equitable annual charges for the use of common sewers and main drains and related stormwater facilities, which shall be paid by every person who enters his particular sewer therein. The money so received may be applied to the payment of the cost of maintenance and repairs of such sewers or of any debt contracted for sewer purposes. In establishing quarterly or annual charges for the use of main drains and related stormwater facilities, the city, town, or district may either charge a uniform fee for residential properties and a separate uniform fee for commercial properties or establish an annual charge based upon a uniform unit method; but, the charge shall be assessed in a fair and equitable manner. The annual charge shall be calculated to supplement other available funds as may be necessary to plan, construct, operate and maintain stormwater facilities and to conduct stormwater programs. The city, town or district may grant credits against the amount of the quarterly or annual charge to those property owners who maintain on-site functioning retention/detention basins or other filtration structures as approved by the stormwater utility, conservation commission, or other governmental entity with appropriate authority.
Chapter 83: Section 16A. Certificate of acceptance; effect; recordation Section 16A. If the rates and charges due to a city, town, municipality, or sewer district, which accepts this section and sections sixteen B to sixteen F, inclusive, and by its clerk, files a certificate of such acceptance in the proper registry of deeds, for supplying or providing for a sewer system or rendering service or furnishing materials in connection therewith to or for any real estate at the request of the owner or tenant are not paid on or before their due date as established by local regulations, ordinances or by-laws, which due date shall be so established as to require payments at least as often as annually, such rates and charges, together with interest thereon and costs relative thereto, shall be a lien upon such real estate as provided in section sixteen B. The register of deeds shall record such certificate of acceptance in a book to be kept for the purpose, which shall be kept in an accessible location in the registry. Sections sixteen B to sixteen F, inclusive, shall also apply to a sewer district which has accepted sections sixteen A to sixteen F, inclusive, and whose clerk has so filed the certificate of acceptance. Wherever in said sections the words “board or officer in charge of the sewer department” or their equivalent appear, they shall also mean and include the officers exercising similar duties in any city, town or district. A fire or water district authorized to provide a sewer system shall, for the purposes of sections sixteen A to sixteen F, inclusive, be deemed to be a sewer district.
Chapter 83: Section 16B. Effective date of sewer charge lien; termination; methods of collection and enforcement of rate or charge Section 16B. Such lien shall take effect by operation of law on the day immediately following the due date of such rate or charge, and, unless dissolved by payment or abatement, shall continue until such rate or charge has been added to or committed as a tax under section sixteen C, and thereafter, unless so dissolved, shall continue as provided in section thirty-seven of chapter sixty; provided, however, that if any such rate or charge is not added to or committed as a tax under section sixteen C for the next fiscal year commencing after the inception of the lien under this section, then said lien shall terminate on October first of the third year following the year in which such charge becomes due.
Notwithstanding such lien any such overdue rate or charge may be collected through any legal means, including the shutting off of a sewer connection, which may be deemed advisable; provided, that after the termination of such a lien, no city, town or sewer district shall attempt to enforce, by shutting off the sewer connection, collection of such rate or charge from any person, not liable therefor, who has succeeded to the title or interest of the person incurring such rate or charge. All such rates and charges excluded by court decree under section seventy-six B of chapter sixty shall, to the extent that they were properly chargeable to the person owning, or to the tenant occupying, the premises for which such rates and charges were incurred, be recoverable from such person or tenant, as the case may be, in an action of contract or otherwise. If at the time of the entry of such decree such person or tenant is still the owner or tenant of the premises, whether through redemption or otherwise, such rates and charges to the extent that they were properly chargeable to him, may be enforced in any other manner provided or available for collection and enforcement of sewer connection rates and charges.
Chapter 83: Section 16C. Certification of rate or charge to assessors; commitment as tax Section 16C. If a rate or charge for which a lien is in effect under section sixteen B has not been added to or committed as a tax and remains unpaid when the assessors are preparing a real estate tax list and warrant to be committed by them under section fifty-three of chapter fifty-nine, the board or officer in charge of the sewer department, or the town collector of taxes, if applicable under section thirty-eight A of chapter forty-one, shall certify such rate or charge to the assessors, who shall forthwith add such rate or charge to the tax on the property to which it relates and commit it with their warrant to the collector of taxes as a part of such tax. If the property to which such rate or charge relates is tax exempt, such rate or charge shall be committed as the tax.
Chapter 83: Section 16D. Application of other law; powers of tax collectors Section 16D. Except as otherwise provided, the provisions of chapters fifty-nine and sixty shall apply, so far as pertinent, to all rates and charges certified to the assessors under section sixteen C. Without limiting the generality of the foregoing, upon commitment as a tax or part of a tax under said section sixteen C, all such rates and charges shall be subject to the provisions of law relative to interest on the taxes of which they become, or, if the property were not tax exempt would become, a part; and the collector of taxes shall have the same powers and be subject to the same duties with respect to such rates and charges as in the case of annual taxes upon real estate, and the provisions of law relative to the collection of such annual taxes, the sale or taking of land for the nonpayment thereof and the redemption of land so sold or taken shall, except as otherwise provided, apply to such rates and charges.
Chapter 83: Section 16E. Remedies of aggrieved real estate owners Section 16E. An owner of real estate aggrieved by a charge imposed thereon under sections sixteen A to sixteen F, inclusive, in addition to such remedy as he may have under section ten of chapter one hundred and sixty-five, may apply for an abatement thereof by filing a petition with the board or officer having control of the sewer department within the time allowed by law for filing an application for abatement of the tax of which such charge is, or, if the property were not tax exempt, would have been, a part, and if such board or officer finds that such charge is more than is properly due, a reasonable abatement shall be made; and except as otherwise provided herein, the provisions of chapter fifty-nine relative to the abatement of taxes by assessors shall apply, so far as applicable, to abatements hereunder. If such petition is denied in whole or in part, the petitioner may appeal to the appellate tax board upon the same terms and conditions as a person aggrieved by the refusal of the assessors of a city or town to abate a tax.
Chapter 83: Section 16F. Recovery of real estate owner against tenants Section 16F. An owner of real estate who, in order to prevent the imposition of a lien thereon or to discharge the same, has paid charges for sewer connections furnished to a tenant or other person who was bound to pay the same, may recover from such tenant or other person in an action of contract the amount of the charges so paid with all incidental costs and expenses.
Chapter 83: Section 16G. Deferral of charges Section 16G. In a city, town or district which accepts the provisions of this section, the board responsible for assessing charges for the use of the common sewers under section sixteen of chapter eighty-three or any other provision of law, shall, upon the application of the owner of the real property served by the common sewers, if such owner is receiving an exemption from property taxes under clause Forty-first A of section five of chapter fifty-nine with respect to such property, defer charges for said use of the common sewers. An application for deferral may be filed with said board within the time limit established for the filing of an application for exemption under said clause Forty-first A.
The board that imposes such charges shall notify the board of assessors of any deferral granted under the provisions of this section, and shall annually thereafter notify said board of assessors of any unpaid sewer charges to be added to the tax bill. Such charges shall be committed by the assessors along with the real estate taxes for each fiscal year, and abated along with such taxes, and secured by the statement of lien executed pursuant to said clause Forty-first A. Upon such qualification for deferral, no further application under this section need be filed in order to qualify for deferral of sewer charges in subsequent years. No additional notice or statement of lien need be recorded or registered with respect to such deferred sewer use charges, but the amount of such deferred charges shall be listed on any certificate of liens issued under section twenty-three, twenty-three A or twenty-three B of chapter sixty. Whenever a person who has received an exemption under said clause Forty-first A is no longer eligible for such exemption, the board of assessors shall cease deferring sewer use charges added to the tax bill, and shall notify the board responsible for the assessment of such charges of the discontinuance of such deferral of said charges.
Interest shall be charged upon deferred sewer use charges at the same rate as interest on taxes deferred under said clause Forty-first A. The deferred charges, together with accrued interest shall be due and collectible at the same time and upon the same terms and conditions as taxes deferred under said clause Forty-first A.
The amount of sewer use charges deferred under this section, plus accrued interest, shall not be used in determining whether a taxpayer continues to be eligible for exemption under said clause Forty-first A.
Chapter 83: Section 17. Payment for permanent sewer privileges Section 17. The aldermen of any city except Boston or a town in which main drains or common sewers are laid may determine that a person who uses such main drains or common sewers in any manner, instead of paying an assessment under section fourteen, shall pay for the permanent privilege of his estate such reasonable amount as the aldermen or the sewer commissioners, selectmen or road commissioners shall determine.
Chapter 83: Section 18. Method of assessment Section 18. The city council of a city or a town which itself is, or the officers of which are, entitled, under sections fourteen to seventeen, inclusive, or under any special act, to assess upon land the whole or a part of the cost of laying, making, maintaining or repairing main drains or common sewers, may determine that such assessments shall be made by two or more of the methods provided in said sections or special acts, and may determine what part of the expense or estimated average cost shall be paid under each method.
Chapter 83: Section 19. Assessments; extension of time for payment Section 19. The aldermen of a city or the sewer commissioners, selectmen or road commissioners of a town may extend the time for the payment of such assessments upon land which is not built upon until it is built upon or for a fixed time; but interest at the rate of four per cent per annum shall be paid annually upon the assessment from the time it was made, and the assessment shall be paid within three months after such land is built upon or at the expiration of such fixed time.
Chapter 83: Section 2. Plans and records Section 2. Plans and descriptions of all main drains and common sewers belonging to a town, with a true record of the charges of making and repairing said drains and sewers and of all assessments therefor, shall be kept in the office of the town clerk or in such other office of the town as the town by ordinance or by-law may determine.
Chapter 83: Section 20. Fee for use of sewers Section 20. The owners of land or parts thereof not liable to assessment, or not in fact assessed, may use the common sewers for the disposal of their sewage from such land only on payment of such reasonable amount as the aldermen or the sewer commissioners, selectmen or road commissioners shall determine.
Chapter 83: Section 21. Assessment on land abutting on more than one way Section 21. If land abuts upon more than one way, assessments for sewers based wholly or in part upon frontage shall be assessed upon the frontage upon one such way and upon so much of the frontage upon such other way as is not exempted by the board whose duty it is to make the assessment; and such board may exempt from assessment so much of the frontage upon such other way as they consider just and equitable.
Chapter 83: Section 22. Assessment of sewers built by landowners Section 22. If an ordinance or by-law provides that any drain or sewer laid in any land or way, public or private, which is opened or proposed to be opened for public travel and accommodation shall be a main drain or common sewer, and such drain or sewer is laid in a private way or land at the expense of the owner thereof, his land shall not be assessed for such drain or sewer, except for the cost of connecting it with common drains or sewers already established.
Chapter 83: Section 23. Cost of sewers; payment of portion by municipality Section 23. A town by vote of its town meeting or a city by vote of its board of aldermen or city council shall determine whether it shall pay the whole or a portion of the cost of laying out and constructing main drains or of a system or systems of sewerage and sewage disposal, and if a portion, what portion. If the town or city votes to pay less than the whole cost, in providing for the payment of the remaining portion of the cost of said system or systems the town or city may avail itself of any or all of the methods of payment authorized by law to a town or city, and the provisions of chapter eighty relative to the apportionment, division, reassessment, abatement and collection of assessments, to liens therefor and to interests thereon, shall apply to assessments made under this chapter. At the same meeting at which it determines that any portion of the cost is to be borne by the town or city, it may by vote determine by which of such methods the remaining portion of said cost shall be provided.
Chapter 83: Section 24. Assessment for particular sewers Section 24. The owner of any land benefited by the laying out of a particular sewer from the common sewer to the boundary of the way shall pay to the town for the permanent privilege of using the same such reasonable amount as the aldermen or the sewer commissioners, selectmen or road commissioners determine, which may be fixed at the estimated average cost of all such particular sewers within the territory for which a system of sewers has been built or adopted. The board or officers authorized to lay out sewers shall assess the cost of connecting private land with a common sewer under section three upon the land so connected, and may require that an applicant for a connection of his land with a sewer shall pay in advance an amount equal to the estimated assessment therefor, which shall be applied to the payment of the assessment, and the remainder, if any, shall be repaid to the applicant.
Chapter 83: Section 25. Establishment Section 25. The aldermen of a city or the selectmen or road commissioners of a town may, if in their judgment the public convenience so requires, establish sidewalks in the public ways thereof and determine the grade of each such sidewalk and the materials with which it shall be constructed, and may order the reconstruction of existing sidewalks. No such sidewalk shall be dug up or obstructed without the consent of the board or officer having charge of the maintenance and repair of public ways in a city, or the selectmen or road commissioners in a town. Each city and town shall provide a slanted curbing on sidewalks in its public ways at pedestrian crosswalks when new or replacement curbing is required at such locations.
Chapter 83: Section 26. Assessments Section 26. In the order for the construction of a new sidewalk or the reconstruction of a sidewalk with material of more permanent character than that with which it was originally constructed, the board making the order may provide for the assessment of a reasonable amount, not exceeding one half the cost, upon the abutting estates. If an ordinance or by-law so provides, the total assessed upon any individual estate shall not exceed one per cent of the value thereof as fixed by the last preceding annual assessment for taxes.
Chapter 83: Section 27. Recording of statements; assessment liens Section 27. Whenever the aldermen of a city or the sewer commissioners, selectmen or road commissioners of a town lay out or determine to construct a sewer or drain in a public way, or in a way opened or dedicated to the public use which has not become a public way, or adopt an order for the establishment or reconstruction of a sidewalk for such a way, and assessments may be made or charges imposed under this chapter for the construction of such improvement or the use thereof, they shall forthwith cause to be recorded in the registry of deeds of the county or district in which such city or town is situated a statement of their action, which shall specify the ways in which such sewer, drain or sidewalk is located. All assessments made or charges imposed under this chapter upon land which abuts upon any such way in which such sewer, drain or sidewalk is located shall constitute a lien upon such land from the time such statement is recorded and all charges authorized by section sixteen shall from the time of assessment constitute a lien upon the land connected with the common sewer. Liens under this section shall continue for the same period and under the same conditions as a lien established under chapter eighty.
Chapter 83: Section 28. Application of betterment law Section 28. The provisions of chapter eighty relative to the apportionment, division, reassessment, abatement and collection of assessments, and to interest, shall apply to assessments made under this chapter.
Chapter 83: Section 29. Betterment assessments created by special act; duration of lien Section 29. Notwithstanding any provision in any special act to the contrary, any lien for sewer, drain or sidewalk assessments or for betterment assessments of any other nature created pursuant to the provisions of any special act shall continue in effect until the land subject to the lien has been alienated and the instrument alienating the same has been recorded and for such longer period as any special act may provide.
Chapter 83: Section 3. Sewer connections Section 3. The board or officers of a city or town having charge of the repair and maintenance of sewers may, upon request of the owner of land and payment by him of the actual cost thereof, construct a particular sewer from the street line to a house or building. A town may appropriate money for connecting estates within its limits with common sewers, and no estate shall, in any year in which such an appropriation is made, be connected with a common sewer except in the manner hereinafter provided. If bonds or notes are issued to pay the cost of making such connections, the assessments provided for in section twenty-four shall be applied to the payment of such bonds or notes. If the board of health of a town making such appropriation shall order land abutting upon a public or private way in which a common sewer has been laid to be connected with such sewer, or if the owner of such land shall make to the board or officer having charge of the maintenance and repair of sewers application to connect his land with a common sewer, such board or officer shall make such connection.
Chapter 83: Section 3A. Private ways; repair of sewers Section 3A. The board or officers of a city or town having charge of the repair and maintenance of sewers may at the request of the owner of land and payment by him of the actual cost thereof repair a break in a sewer laid in a private way and remove any sewerage flowing from such break.
Chapter 83: Section 4. Highway ditches or drains Section 4. The department of highways, county commissioners, and the officers having charge of highways in any city or town may construct ditches or drains for the purpose of properly draining any highway, and may carry water away from any highway and over or through any land as they may deem necessary for public convenience or for the proper care or construction of such highway, and may purchase or take by eminent domain under chapter seventy-nine, on behalf of the commonwealth, county, city or town, such land or interest therein as may be necessary therefor. Such ditches and drains shall be under the control of said officials, who may enter upon any land for the purpose of constructing, repairing or maintaining the same; but they shall not enter upon or construct any ditches, drains or other works or lay any conduits or pipes or discharge any water within the location of any railroad corporation, except at such time and in such manner as they may agree upon with such corporation, or, in case of failure so to agree, as may be approved by the department of telecommunications and energy. The owner or occupant of land through which any ditch or drain has been constructed under this section may, after securing a permit from the officers having control of the ditch or drain, construct and maintain a bridge over the same. The damages sustained by any person in his property by takings or other acts herein authorized may be recovered under chapter seventy-nine. The department, board or officers who have taken an easement under this section may discontinue or abandon the same by filing for record in the registry of deeds a suitable instrument.
Chapter 83: Section 5. Separate systems for drainage of water and sewage Section 5. In this section surface or storm water and such othe | |
