Code of Massachusetts Regulations
700 CMR - DEPARTMENT OF TRANSPORTATION
Title 700 CMR 13.00 - Approval of Access to Massachusetts Department of Transportation Highways and Other Property
Section 13.01 - Scope, Objective, and Use of MassDOT Property
Current through Register 1531, September 27, 2024
(1) MassDOT may issue Standard Operating Procedures to implement 700 CMR 13.00.
(2) Scope and Intent. 700 CMR 13.00 is intended to provide evaluation criteria concerning requests to enter and/or use MassDOT property or MassDOT Interests and to establish a procedure for review, approval and processing of such requests. 700 CMR 13.00 applies broadly to three types of Permit applications to MassDOT:
Applications for Vehicular Access Permits are intended to benefit from the expedited Permit review features contained in 700 CMR 13.03(5) and (6), as well as to the procedures for administrative appeals, 700 CMR 13.05(7), as the grant or denial of such Permits may affect the rights of specific Persons. Applications for Non-vehicular, and Small Wireless Facility Access Permits will not be subject to administrative appeals, unless otherwise provided for under any applicable state law or regulation, as there is no right to conduct the activities for which such Permits are sought on the State Highway Layout (SHLO) or other MassDOT property. In cases where a particular Project or activity may seek both vehicular and non vehicular access, separate and distinct Permit applications should be filed.
(3) Determination of Need for an Access Permit. A prospective Permit Applicant may request a determination from the District Highway Director for the District in which the Project, work, or activity is located as to whether, in a particular instance or circumstance, an Access Permit is required. Any prospective Applicant seeking such a determination must provide all necessary and appropriate information requested by the District Highway Director upon which the District Highway Director can evaluate the request and base the determination. The District Highway Director will issue such determination in writing within ten business days of receipt of such necessary and appropriate information.
(4) Use of MassDOT Property. Unless otherwise provided in a Permit, License or other written grant of authorization from MassDOT, the following shall be considered impermissible uses of MassDOT property: