STATE HIGHWAYS

M.G.L. pt. Part I, tit. Title XIV, ch. c. 81

in effect

M.G.L. c. 81, § 1 Powers and duties

c. 81, § 1. Powers and duties Section 1. The division 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.

M.G.L. c. 81, § 2 Road information; duties of local officials

c. 81, § 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.

M.G.L. c. 81, § 3 Purchase and maintenance of road machinery; storage quarters

c. 81, § 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.

M.G.L. c. 81, § 4 Petition

c. 81, § 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.

M.G.L. c. 81, § 5 Filing of highway plan; right to abandon or discontinue; width of highway

c. 81, § 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.

M.G.L. c. 81, § 6 Alteration of location

c. 81, § 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.

M.G.L. c. 81, § 7 Acquisition of land outside limits of existing highway

c. 81, § 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.

M.G.L. c. 81, § 7A Acquisition of land to alter or relocate ways connecting with state highways

c. 81, § 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.

M.G.L. c. 81, § 7B Acquisition of slope easement to protect existing ways

c. 81, § 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.

M.G.L. c. 81, § 7C Limited access ways; definition; acquisition of land; motorist service facilities

c. 81, § 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 executive office 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.

M.G.L. c. 81, § 7D Public utility easements and cattle passes

c. 81, § 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.

M.G.L. c. 81, § 7E Sale, transfer, lease or rental of excess lands

c. 81, § 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.

M.G.L. c. 81, § 7F Entry on private land for purpose of surveys, soundings, drillings and examinations

c. 81, § 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.

M.G.L. c. 81, § 7G Relocation of public utilities; purchase of lands and easements

c. 81, § 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.

M.G.L. c. 81, § 7H Lease of lands for public parking facility

c. 81, § 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.

M.G.L. c. 81, § 7I Agreements with railroads, transit authorities or other public authorities or municipalities regarding relocation or other work; advancement of funds

c. 81, § 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.

M.G.L. c. 81, § 7J Relocation assistance; acquisition of real property; payments; compliance with federal acts

c. 81, § 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.

M.G.L. c. 81, § 7K Relocation of facilities of public utilities; entry upon lands

c. 81, § 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.

M.G.L. c. 81, § 7L Lease of air rights over state highways

c. 81, § 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.

M.G.L. c. 81, § 7M Acquisition of land for parks, historic sites, etc., to replace land required for federal highways

c. 81, § 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.

M.G.L. c. 81, § 8 Construction of state highways; advertising for proposals

c. 81, § 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.

M.G.L. c. 81, § 8A Repealed, 2010, 112, Sec. 22

M.G.L. c. 81, § 8B Statement of qualification of persons bidding on work awarded by division of highways or department of conservation and recreation

c. 81, § 8B. Statement of qualification of persons bidding on work awarded by division of highways or department of conservation and recreation Section 8B. The commissioner of highways or the commissioner of conservation and recreation shall require that any person proposing to bid on any work, excepting the construction, reconstruction, repair or alteration of buildings, to be awarded by the division of highways or by the department of conservation and recreation, respectively, submit a statement under the penalties of perjury setting forth the person's qualifications to perform such work. The commissioner of highways shall require that any person proposing to bid on any such work to be awarded by a municipality under section 34 of chapter 90, submit a statement under the penalties of perjury setting forth the person's qualifications to perform such work. Such statement shall be in such detail and form and shall be submitted at such times as such commissioner may prescribe under rules promulgated by said division or commission, respectively, subject to the requirements of chapter 30A. Such rules may require such information as may be necessary to implement this section and may establish a basis for the classification and maximum capacity rating of bidders which shall determine the class and aggregate amount of work such bidders are qualified to perform. The statement shall set forth, among other matters that may be prescribed by the rules, the proposed bidders' financial resources, proposed bidders' current bonding capacity, proposed bidders' experience, the number and kinds of equipment which proposed bidder has for use on such work, and the number, size and completion dates of other construction jobs, whether in this state or another state, which proposed bidder has under contract. The information contained within such statement, together with other relevant available information and the proposed bidder's past performance on work of a similar nature, may be considered by said division or commission in determining whether the proposed bidder is qualified to perform any specific work for which proposals to bid are invited. Based on information received and available and on past performance of the proposed bidder on work of a similar nature, each such commissioner, acting through a prequalification committee consisting of engineering personnel of said division or commission, respectively, to be appointed by each such commissioner, shall determine the class and aggregate amount of work that a proposed bidder is qualified to perform, and shall limit a proposed bidder to such class and aggregate amount of work as the proposed bidder may be qualified to perform. Said aggregate amount of work shall not be less than the amount of the bidder's current bonding capacity, as verified to the commissioner's satisfaction, by a surety company incorporated under section 105 of chapter 175, or authorized to do business in the commonwealth under section 106 of said chapter 175, and satisfactory to the commissioner; provided, however, that if there is more than 1 surety company, the surety companies shall be jointly and severally liable. Said division or commission shall limit the bid proposals to be furnished to a proposed bidder to such bidders as are determined by its commissioner to have the classification and capacity rating to perform the work required. Any such statement filed with either such commissioner by a proposed bidder shall be confidential, and shall be used only by the division of highways or the department of conservation and recreation, as the case may be, in determining the qualifications of such proposed bidder to perform work for said division or commission, or for a municipality under section 34 of chapter 90. No information contained in such statement shall be imparted to any other person without the written consent of said bidder. If any proposed bidder fails to file the statement required by this section, or if, in the judgment of the commissioner, the proposed bidder is not qualified to carry out the work required under a contract which is proposed to be awarded, the commissioner shall refuse to furnish such proposed bidder with bid proposals for such work and shall reject any bid by such proposed bidder for such work. Only persons filing the statement required in this section shall be authorized as prime contractors and then only as to the class and aggregate amount of work which their qualifications warrant. Any bidder qualified as authorized in this section shall be promptly notified by the commissioner. Any proposed bidder who is aggrieved by any decision or determination of the prequalification committee or the commissioner which affects the bidder's right to bid may file a new application for qualification at any time, or within 15 days after receiving notice of such decision the applicant may request in writing a hearing before an appeal board to reconsider the bidder's application or qualifications. The appeal board in the division of highways shall consist of the commissioner, the associate commissioners and the chief engineer of highways, or their designees, and the appeal board in the department of conservation and recreation shall consist of the commissioner, the associate commissioners and the director or chief engineer of the division involved, or their designees. Any bidder or proposed bidder who so requests shall be granted a hearing by such appeal board at which the bidder may submit any and all additional information or evidence bearing upon the bidder's finances, current bonding capacity, experience or other qualifications which may be relevant thereto. Such hearing shall be held without delay and the board shall promptly render its decision after taking into consideration all relevant information or evidence submitted relating to the bidder' qualifications. The appeal board may modify, amend or reverse any previous decision of the prequalification committee or the commissioner with respect to the qualification of the applicant or may sustain such previous decision. Such hearing shall be deemed to be an adjudicatory proceeding, and any bidder or proposed bidder who is aggrieved by the decision of the appeal board shall have a right to judicial review under said chapter 30A. The commissioner of highways or the commissioner of conservation and recreation shall not consider any bid filed with such commissioner by any person for any contract to be awarded by said division or department, respectively, who has not been qualified as required by the rules promulgated by said division or department, and any such bid of any unqualified bidder may be rejected without being opened. No contract shall be awarded to any bidder not qualified to bid on the contract at the time fixed for receiving bids. Any person, firm or corporation who knowingly and willfully makes, or causes to be made, any false or fraudulent statement in any application for qualification filed with such division or department as required herein shall, upon final conviction, be disqualified from submitting bids on contracts advertised by the division or commission for 1 year following the date of said conviction. This section shall not apply to any proposed bidder the aggregate amount of whose work with said division of highways or with the department of conservation and recreation, including the amount of the bidder's proposal, is less than $50,000.

M.G.L. c. 81, § 8C Restriction upon hours during which nonemergency work may be performed on certain highways

c. 81, § 8C. Restriction upon hours during which nonemergency work may be performed on certain highways Section 8C. Any contract for the resurfacing, maintenance, minor reconstruction or minor repair of any major state highway or numbered route within the city of Boston, between said city and state highway route 128, of state highway route 3 as far south as the junction of state highway route 139, on which the average daily traffic exceeds 70,000 vehicles per day, and any contract for the maintenance, minor reconstruction or minor repair of state highway route 128 between its junction with state highway route 3 in the town of Braintree and its junction with United States route 1 in the town of Lynnfield, to be awarded by the division of highways, the department of conservation and recreation or by a municipality under section 34 of chapter 90 shall, unless such contract involves the performance of emergency work as described in this section, provide that no work shall be performed between the hours of 6:30 and 9:00 a.m. on lanes inbound to the city of Boston or between the hours of 4:00 and 6:00 p.m. on lanes outbound from the city of Boston, Monday through Friday, except holidays. No such work, except emergency work, shall be performed on such a highway or route by a public employee during such hours. As used in this section emergency work shall include only those projects immediately necessary to ensure the safety of persons using such highways or routes.

M.G.L. c. 81, § 9 Repealed, 1931, 432

M.G.L. c. 81, § 10 Contributions by cities and towns

c. 81, § 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.

M.G.L. c. 81, § 11 Acquisition of land to supply road materials

c. 81, § 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.

M.G.L. c. 81, § 12 Discontinuance or abandonment

c. 81, § 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.

M.G.L. c. 81, § 13 Duties of department; definition of state highway

c. 81, § 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.

M.G.L. c. 81, § 13A Highway landscaping; acceptance of gifts of easements

c. 81, § 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.

M.G.L. c. 81, § 13B Restoration, preservation and enhancement of scenic beauty and historic or archeological sites; facilities for traveling motorists

c. 81, § 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.

M.G.L. c. 81, § 14 Removal of trees and other obstructions near highways

c. 81, § 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.

M.G.L. c. 81, § 15 Contracts for maintenance and repair

c. 81, § 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.

M.G.L. c. 81, § 18 Defects in highways; liability

c. 81, § 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.

M.G.L. c. 81, § 19 Jurisdiction of local police; snow removal

c. 81, § 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.

M.G.L. c. 81, § 19A Repealed, 1928, 357, Sec. 7

M.G.L. c. 81, § 20 Sidewalks

c. 81, § 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.

M.G.L. c. 81, § 20A Illumination of highways

c. 81, § 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.

M.G.L. c. 81, § 21 Excavations or driveway openings on state highways; conditions; enforcement

c. 81, § 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 access granted thereto 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; provided, however, that the bond shall be not less than $300,000 unless a lesser amount is approved in writing by a representative of the department. 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. The commissioner of highways shall adopt regulations to effectuate the purposes of this section.

M.G.L. c. 81, § 22 Prescriptive rights of adjoining owners

c. 81, § 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.

M.G.L. c. 81, § 23 Repealed, 1925, 288, Sec. 2

M.G.L. c. 81, § 24 Authorization

c. 81, § 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.

M.G.L. c. 81, § 25 Maintenance

c. 81, § 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.

M.G.L. c. 81, § 26 Maintenance of ways in small towns

c. 81, § 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.

M.G.L. c. 81, § 26A Maintenance of ways in small towns; contributions by county

c. 81, § 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.

M.G.L. c. 81, § 27 Maintenance costs; conditions of payment

c. 81, § 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.

M.G.L. c. 81, § 28 Maintenance of ways in small towns; performance of contract

c. 81, § 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.

M.G.L. c. 81, § 29 Maintenance of ways in small towns; determination of town's contribution

c. 81, § 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.

M.G.L. c. 81, § 29A Laying out or altering ways; consent, acquisition, funds

c. 81, § 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.

M.G.L. c. 81, § 30 Use of federal aid for highways and rural post roads

c. 81, § 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.

M.G.L. c. 81, § 31 Apportionment of fund; equalizing grant; definitions: notifications of amounts apportioned and to be incurred

c. 81, § 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.

M.G.L. c. 81, § 32 Definitions

c. 81, § 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.

M.G.L. c. 81, § 16, 17 Repealed, 1931, 349

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter81Fetched: 10/20/2026