Massachusetts Bulk Transmission Land Access(3-MA)
In Massachusetts, a bulk transmission developer may need to obtain a Permit for Construction and or Associated Access to Park Lands & Roadways from the Massachusetts Department of Conservation and Recreation (DCR) if the proposed project will cross DCR lands. A developer may also need a Permit to Access State Highway from the Massachusetts Department of Transportation if the proposed project encroaches on a state highway.
Determine Which State and Federal Permits Apply
Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.
Permitting at a Glance
|State Land Right-of-Way:||Any person may need a Permit for Construction and/or Associated Access to access state lands. 302 Code Mass. Regs 11.06.|
|State Land Right-of-Way Agency:||Massachusetts Department of Conservation and Recreation|
|State Highway Right-of-Way:||Public utilities may need a Permit to Access a State Highway to construct wires or poles within a state highway right-of-way. Massachusetts – Mass. Gen. Laws ch.81, §7D.|
|State Highway Right-of-Way Agency:||Massachusetts Department of Transportation|
|Eminent Domain:||Electric or transmission companies, as authorized by the Massachusetts department of Public Utilities may take by eminent domain such lands, or easements necessary for the construction and use of transmission lines. Massachusetts – Mass. Gen. Laws ch.164, §72. An electric company is defined as “corporation organized under the laws of the commonwealth for the purpose of making… selling, transmitting, distributing, transmitting and selling, or distributing and selling, electricity within the commonwealth…”. A transmission company is defined as “a company engaging in the transmission of electricity or owning, operating or controlling transmission facilities…” Massachusetts – Mass. Gen. Laws ch.164, §72, Massachusetts – Mass. Gen. Laws ch.164, §1.|