Chapter 82

Section 1. County commissioners, councils of governments, or other duly authorized councils, committees or boards, in this chapter called county commissioners, in their respective jurisdictions may lay out, alter, relocate, order specific repairs, discontinue and discontinue main…

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…

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 …

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 commiss…

Section 12. When a highway has been finally laid out, altered, relocated, discontinued or maintenance 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…

Section 13. If a highway is not finally laid out, relocated, altered, discontinued or maintenance 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 requi…

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 f…

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, af…

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 sh…

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 excep…

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 sh…

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…

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, relocation, specific repair, discontinuance or discontinuance of maintenance of an existing highway, application therefor shall b…

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, …

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 upo…

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 …

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 f…

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 …

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 there…

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 mo…

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 desi…

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, relocation, …

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, …

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 reco…

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 transm…

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 publis…

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 authorize…

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 …

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.

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 ri…

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.

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 co…

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 …

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…

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…

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.

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 …

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, municipa…

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 private…

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 or professional land surveyor agree, such company shall respond to the initial notice or s…

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 t…

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 t…

Section 40E. Any person or company found by the department of public utilities, 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…

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, alter, relocate, or order specific repairs upon such highway without further …

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 c…

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, alter…

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 may specify in sufficient detail the work required so that the same may be completed …

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.