RAPID/Roadmap/3-MA-c
Massachusetts State Highway Right-of-Way (3-MA-c)
State Highway Right-of-Way Process
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3-MA-c.1 – Consult with the Massachusetts Department of Transportation (MassDOT)
A project developer should consult with the appropriate MassDOT District Highway Director (DHD) to determine if an Access Permit is required. 700 Mass. Code Regs. § 13.01(3).
3-MA-c.2 to 3-MA-c.7 –Request for Determination (Optional)
The developer may submit a request for determination by providing all necessary and appropriate information requested by the DHD to conduct a proper evaluation. Upon receipt of all necessary information, the DHD issues a determination in writing within ten (10) business days. 700 Mass. Code Regs. § 13.01(3).
The MassDOT issues Vehicular and Non-Vehicular Access Permits. If both types of permits are required then the developer must file a distinct Application for Permit to Access State Highway (“Access Permit Application”) for each permit. 700 Mass. Code Regs. § 13.01(2). Generally, a bulk transmission developer needs to obtain a Non-Vehicular Access Permit before undertaking “construction or repairs of utilities” within a state highway. 700 Mass. Code Regs. § 1302.
3-MA-c.8 –Application for Permit to Access State Highway
A developer must file an Access Permit Application (Application) with the appropriate DHD with jurisdiction over the access site. 700 Mass. Code Regs. § 13.03(1). Generally, a complete Non-vehicular Access Permit Application for the purposes of constructing transmission lines must include:
- Highway route number;
- Location of the facility;
- MassDOT Project File number (if applicable);
- Type of construction (aerial, surface, or underground);
- Voltage;
- Number and size of conductors;
- Casing (type and thickness);
- Method of installation for underground facilities;
- Vertical and horizontal clearances;
- Tree clearances;
- Sight line analysis;
- Landscape restoration plan;
- Pavement restoration details;
- Traffic management plans; and
- Site plans.
Utility Accommodation Policy on State Highway Right of Way, p. 21-22.
3-MA-c.9 to 3-MA-c.11 – Review Application for Completeness
The DHD must review the Application for administrative and technical completeness. 700 Mass. Code Regs. § 13.03(2). The DHD must notify the developer of any deficiencies in the Application within ten (10) business days of receipt. 700 Mass. Code. Regs. § 13.03(2).
The DHD reviews the Application until the DHD determines that the Application is complete and contains sufficient information for a complete evaluation. 700 Mass. Code Regs. § 13.03(2). After the DHD determines that the Application is complete, then the developer pays the required application fees.
3-MA-c.12 – Review Application for Approval
The DHD must review the Application for approval. In assessing an Application for approval, the DHD requires that engineering plans and specifications provide for safe and efficient access. 700 Mass. Code Regs. § 13.04(1). The DHD may also place conditions on an Access Permit to mitigate traffic impacts and minimize environmental impacts throughout construction and the duration of the permit. 700 Mass. Code Regs. § 13.04(2). In addition to obtaining a valid Access Permit, MassDOT may only permit utility facilities to occupy state highway right-of-way so long as such use and occupancy:
- Does not adversely affect the primary function of the highways or materially impair their safety, operation, and visual quality;
- Does not conflict with state or federal rules and regulations;
- Do not increase the difficulty or future costs of construction or maintenance; and
- Does not impact a newly-paved surface (meaning that newly paved surfaces have a five (5) year moratorium on any open cuts), or the construction method used is non-destructive. 700 Mass. Code Regs. § 13.03(11); Utility Accommodation Policy on State Highway Right of Way, p. 5.
3-MA-c.13 to 3-MA-c.15 – Does MassDOT Require a Performance Bond?
The developer must post a performance bond for the estimated cost of construction occurring within the highway Right of Way as well as the cost of damages prior to the grant of the Permit if the DHD so requires. 700 Mass. Code Reg. § 13.05(6). The DHD may also require that the developer purchase insurance for the project as a prerequisite for approval.
3-MA-c.16 – Permit to Access State Highway
The DHD must issue a Permit to Access State highway to the developer if it determines that the application meets all criteria and that the developer will abide by all conditions of the Permit, Unless otherwise stated in the Permit, construction of the proposed project must be completed within one year of the date the Permit is issued. 700 Mass. Code Regs. § 13.05(1). If the developer seeks to extend the Permit, the developer may submit a written request to the DHD prior to the expiration of the original Permit. Upon receipt of a written request, the DHD may extend the Permit by an additional year, for a maximum period of five (5) years. 700 Mass. Code Regs. § 13.05(1).
Note: Any Access Permit that requires recording will not be effective until the developer files the Access Permit at the appropriate registry of deeds.
Applications for Non-Vehicular Access Permits are not subject to an administrative appeals process. If MassDOT does not approve the Permit Application, then the developer may reapply for a Permit. Mass. Code Regs. § 13.01(2).
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Massachusetts Department of Transportation
District Highway Director
857-368-6100
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