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 13.02 - Definitions
Agent. An individual or entity acting on behalf of the applicant. While the permit is issued to the applicant, the agent represents the applicant's interests during the permit review, permit issuing, and post-issue process.
Agent Letter. A signed and notarized letter from the Applicant that is required to formally document that the Agent is authorized to act on behalf of the Applicant. The agent letter may represent multiple projects with the same Agent and must be renewed on an annual basis.
Americans with Disability Act (ADA). An act that prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and local government services, public accommodations, commercial facilities, and transportation.
Annual Maintenance Permit. A Permit issued on an annual basis, typically to municipalities, utilities and emergency response entities, allowing access to their infrastructure and our Right of Way to respond to emergencies, and to perform inspections and maintenance. This type of permit excludes roadway openings and capital improvements.
Applicant. The person applying for a Permit, License, Lease, or other authorization to access MassDOT property.
Application. A written submission, including in electronic format, requesting authorization to access MassDOT property.
Average Daily Traffic (ADT). The total trip generation of a proposed facility calculated using the techniques of the most recent Institute of Transportation Engineers Trip Generation Manual and expressed as passenger car equivalents to account for truck traffic.
Best Management Practices (BMPs). Activities or structural improvements that help reduce the quantity and improve the quality of stormwater runoff. BMPs include treatment requirements, and operating procedures and practices to control site runoff, spillage, or leaks.
Category I - Vehicular Access Permits with Minor Impacts. Access Permits for Projects that require entry to the State Highway Layout, require little to no non-signalized modifications, and do not significantly alter the operating characteristics of traffic. These Projects ordinarily do not exceed the Massachusetts Environmental Policy Act (MEPA) transportation thresholds beyond the filing of an Environmental Notification Form (ENF), and they will be reviewed by the District Highway Director of the District within which the Project is located.
Category II - Vehicular Access Permits with Significant Impacts. Access Permits for Projects that require significant non signalized modification, including roadway improvements, that may alter the operating characteristics of traffic at a residential or commercial driveway at its intersection with the State Highway Layout; that require significant non-signalized modifications that may alter the operating characteristics of traffic at any other intersection or roadway under the jurisdiction of MassDOT or upon any roadway under the jurisdiction of MassDOT; that require installation of a new traffic signal at a residential or commercial driveway at its intersection with the State Highway Layout or at any other intersection under the jurisdiction of MassDOT or upon any roadway under the jurisdiction of MassDOT; or that require modification of structures, equipment, or hardware at an existing traffic signal at a residential or commercial driveway at its intersection with the State Highway Layout or at any other intersection under the jurisdiction of MassDOT or upon any roadway under the jurisdiction of MassDOT. These Projects ordinarily require MEPA review, and the proposed Project will be reviewed by the District Highway Director of the District within which the Project is located and other appropriate sections of MassDOT.
Category III - Complex Vehicular Access Permits. Access Permits for Projects that require a new or altered State Highway Layout; that require significant non-signalized and/or signalized modifications within the State Highway Layout over an extended distance or at a number of intersections that significantly alters the operating characteristics of traffic along a corridor; or that require the construction of a new, or modifications to an existing bridge. These Projects generally require MEPA review and may require Federal review. The proposed Projects will be reviewed by the District Highway Director of the District within which the Project is located, other appropriate sections of MassDOT, and the Federal Highway Administration (FHWA), if necessary.
Department or MassDOT. The Massachusetts Department of Transportation as established by M.G.L. c. 6C.
DHD. District Highway Director for MassDOT.
EEA. The Executive Office of Energy and Environmental Affairs.
Event (Non-vehicular). This Permit type authorizes the grantee to enter upon or use MassDOT property for a public or private event or gathering of not more than one day in duration. Additional periods of time may be allowed in connection with an Event for set-up and removal of any furnishings or equipment related to the event.
Filming and Photography (Non-vehicular). This Permit grants authorization to enter upon or use MassDOT property for the purposes of filming, videotaping or photographing for commercial purposes. An Access Permit is not required for filming, videotaping or photographing for personal and/or recreational purposes on the Rose Kennedy Greenway.
Grantee. The entity or person to whom the permit is issued.
Indirect Access (Vehicular). An Access Permit may be required when a property abuts and/or significantly impacts MassDOT-Highway roadways and infrastructure where access is not directly sought from a MassDOT-Highway roadway or facility.
License. Authorization to enter upon or use MassDOT property for sustained types of uses or occupancy. The issuance of a License in lieu of or in addition to issuance of a Permit is within the sole discretion of the MassDOT and will be based on the particular circumstances and information provided in the Permit application.
MassDOT Interests. Any interest, property, facilities, rights, duties or obligations of MassDOT, or the existing, contemplated or future use, operation, maintenance, repair, replacement, improvement, safety, layout or design of the State highway system, the Metropolitan Highway System, the Massachusetts Turnpike, or any federal highway, or any of their respective related components, facilities or systems, including any existing, contemplated or future easements, reservations, utilities, lighting, ventilation and life-safety systems, drainage facilities, tunnels, ramps, roadways or bridges.
MassDOT Property. Real property under the custody and control of MassDOT, regardless of whether such property is being used and laid out for highway purposes.
MEPA. The Massachusetts Environmental Policy Act (M.G.L. c. 30, §§ 61 through 62H) and implementing regulations (301 CMR 11.00: MEPA Regulations).
MHC. The Massachusetts Historical Commission Act (M.G.L. c. 9, §§ 26 through 27C and implementing regulations (950 CMR 71.00: Protection of Properties Included in the State Register of Historic Places).
Non-vehicular Access Permits include:
(a) Access to the State Highway Layout, or other MassDOT property for Projects that do not involve physical modifications;
(b) Connection to or discharge to any MassDOT drainage system (in cases where it can be shown that no practicable alternative exists);
(c) Construction or repair of utilities within the State Highway Layout;
(d) Tree cutting or landscaping within the State Highway Layout;
(e) The use of explosives to remove material from within 250 feet of the State Highway Layout;
(f) Parking or storage of any vehicle or other personal property otherwise prohibited under 700 CMR 13.01;
(g) Temporary and permanent sign installations;
(h) Staging of equipment for MassDOT construction projects;
(i) Events such as parades or road races;
(j) Survey, borings, traffic counts, or other engineering services;
(k) Temporary traffic control devices for work on, or impacting the State Highway; and
(l) Various other types of work.
Office of Real Estate and Asset Development (OREAD). MassDOT office responsible for the management of MassDOT owned properties and layouts. Certain access permits may require separate land use agreements and/or leases issued by this office.
Owner. The Person owning the land from which access is being sought to the State Highway Layout, or the abutter in cases where a utility service connection is sought. In certain cases it may define the owner of the infrastructure located in the right of way on which or in which, access is sought, typically seen with utility poles or utility structures.
Permit. A Vehicular Access, Non-vehicular Access, or Small Wireless Facility Permit.
Person. Any individual, corporation, partnership, trust, association, or other business or non-profit organization; any agency, department, board, commission, or authority of the Commonwealth; and any Federal, municipal, or regional governmental or intergovernmental agency, department, board, commission, authority, or other entity.
Project. Any work or activity undertaken by a Person that requires or may seek vehicular and/or non-vehicular access.
Recreational Use (Non-vehicular). An access permit granting authorization to enter upon or use MassDOT property other than the Rose Kennedy Greenway for recreational, conservation, scientific, educational, environmental, ecological, research, religious, or charitable purposes as such uses are defined in M.G.L. c. 21, § 17C. In accordance with M.G.L. c. 21, § 17C, no charges or fees shall be imposed by MassDOT for such uses.
Right of Way (ROW). The area within the jurisdiction and control of MassDOT which:
(a) denotes land, property, MassDOT's Interest therein, usually in a strip of land acquired for or devoted to transportation purposes;
(b) MassDOT has designated as appropriate for utility easements; or
(c) is a public roadway, highway, street, sidewalk, or alley including, specifically, the area between the inner edges of any adjacent paved sidewalks paralleling said public roadway, highway, street, sidewalk, or alley or, where there is no paved sidewalk, the land paralleling said public roadway, highway, street, sidewalk, or alley in which, in MassDOT's reasonable determination, a Small Cell Facility or Small Cell Structure may be located without violating applicable health and safety codes, and applicable MassDOT polices.
Section 61 Findings. The findings issued by MassDOT pursuant to M.G.L. c. 30, § 61.
Signature: Hand-written or Electronic Signature. Electronic or E-signature to mean an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
Small Wireless Facility. Facilities that meet the following conditions:
(a) The facilities:
1. are mounted on structures 50 feet or less in height (including the antenna);
2. are mounted on structures no more than 10% taller than other adjacent structures; or
3. do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater;
(b) Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume;
(c) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;
(d) The facilities do not require antenna structure registration under 47 CFR Part 17 ;
(e) The facilities are not located on Tribal lands, as defined under 36 CFR § 800.16(x); and
(f) The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).
Small Wireless Permit. An access permit issued by MassDOT to install a Small Wireless Facility in the Right of Way.
State Highway Access Permit System (SHAPS). MassDOT's online access permit submission, review, and issue tool available to permit Applicants and their Agents.
State Highway Layout (SHLO). Commonwealth property under the custody and control of MassDOT being used and laid out for highway purposes; this does not include parcels under the custody and control of MassDOT which are not being used for highway purposes.
Structure. A pole, tower, building, bridge or other structure to which a Small Wireless Facility can be attached in compliance with the requirements contained herein and all other applicable health and safety codes and design and safety standards applicable to MassDOT Property
Substantial Increase in or Impact on Traffic. A Project that meets or exceeds any of the following thresholds:
(a) Generation of 2,000 or more new ADT on roadways providing access to a single location;
(b) Generation of 1,000 or more new ADT on roadways providing access to a single location and construction of 150 or more new parking spaces at a single location;
(c) Construction of 300 or more new parking spaces at a single location; or
(d) Creation of a change in the type, pattern, or timing of traffic that is determined by MassDOT to generate a significant impact on traffic flow and safety.
Utility Accommodation Policy (UAP). MassDOT highway policy governing the acceptable use(s) of the State Highway Layout for various utilities and the procedures required for obtaining permitted access.
Vehicular Access Permit. Vehicular Access Permits are required for:
(a) New residential or commercial driveways or streets intersecting the State Highway Layout;
(b) Existing residential or commercial driveways or streets that intersect the State Highway Layout that do not have a permit;
(c) Physical modifications to existing residential or commercial driveways or streets at their intersection with the State Highway Layout;
(d) Change in land use of an existing residential or commercial property with driveway onto State Highway Layout that results in a Substantial Increase in or Impact on Traffic over the current use; and
(e) Construction of new, or change in use of existing, residential or commercial driveway from properties that abut the State Highway Layout to serve a building or facility, or expansion of a building or facility, that generates a Substantial Increase in or Impact on Traffic.
