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 13.03 - Permit Application Processing

Universal Citation: 700 MA Code of Regs 700.13

Current through Register 1531, September 27, 2024

(1) Submission of Application. The District Highway Director within whose District boundaries access is sought shall be responsible for issuance of Permits. Applications are reviewed on a first come, first served basis. An Applicant or their agent shall request issuance of a Permit using the online SHAPS tool, or by submitting a standard form issued by MassDOT. The application shall include all support material required on the application form. The application form shall be filed with the District Highway Director within whose District boundaries access is sought.

(2) Completeness Review. Any materials submitted for MassDOT review as part of a Permit application will be date stamped by the District Permits Engineer upon his or her receipt. Upon receipt, the District Highway Director or his or her designee shall review the contents of the application to determine if any materials necessary to conduct a detailed review are missing. The District Highway Director or his or her designee shall notify the Applicant of any missing documentation within ten-business days from the stamped date or the application will be considered complete and the detailed review period shall begin. For purposes of calculating review time, day one shall be the first business day after receipt of an Application. When an Application is deemed incomplete, the ten-business day review period will start from zero upon resubmission of the required documents. The completeness review process shall be followed until the District Highway Director or his or her designee determines that the application contains all of the material necessary to conduct a detailed review.

(3) Completeness of Application. A Permit application shall be determined to be complete by the District Highway Director or his or her designee once the following items have been received and determined to be in a format acceptable to conduct a detailed review:

(a) A signed MassDOT Permit application, including those applications submitted though SHAPS with all information items appropriately completed;

(b) All supporting data as required during the application process

(c) Evidence of EEA certification of MEPA compliance, if necessary. This includes evidence of having been granted a waiver of or otherwise completed MEPA for a portion of the Project;

(d) A Section 61 Finding issued by MassDOT, for those Projects where an Environmental Impact Report (EIR) was required under MEPA relative to a MassDOT Access Permit, unless waived by MassDOT;

(e) Engineering plans in a format acceptable to the District Highway Director or his or her designee to conduct a detailed review where work within the State Highway Layout, or on MassDOT Property is required. No engineering plan shall be deemed acceptable unless the State Highway record baseline and sidelines are clearly shown and the proposed work is tied into the record baseline;

(f) A check or money order payable to the Massachusetts Department of Transportation, or other electronic payment method as it may be available, in the amount indicated on the permit application;

(g) A certificate of insurance evidencing the coverage indicated in the Permit application or as otherwise required by MassDOT in its sole discretion; and

(h) Any and all federal, state, and local approvals required by the District Permit Engineer to issue or proceed with the review of the permit application. These include, but are not limited to: Massachusetts Historical Commission review, local Board and Conservation Commission Approvals, OREAD agreements, local ADA coordinator review, Old Kings Highway Commission review, dig safe number, and submission of a trench rider.

(4) Required Signatures for Permit Applications. The Applicant must provide MassDOT with evidence certifying the consent to the application by the property Owner(s), as required by MassDOT on the Permit application form. If an agent is representing an Applicant, the application shall include a notarized agent letter from the Applicant outlining the specific duties and responsibilities of the agent. Where work is proposed on a public, private, or municipal utility, the respective utility department must provide a signature on the application as the Applicant(s).

(5) Time Limits for Detailed Application Review. The maximum review times for Vehicular and Non-vehicular Permit applications are as follows:

(a) Category I Permits. The detailed review of the first submission (ordinarily the 25% Design) shall be completed within 20 business days following a determination by the District Highway Director or his or her designee that the application is complete. The detailed review of the second submission (ordinarily the 75%/100% Design) shall be completed within 20 business days following receipt by the District Permits Engineer. The detailed review of the final submission (ordinarily final Plans, Specifications, and Estimates (PS&E)) shall be reviewed within ten business days following receipt by the District Permits Engineer. Once the PS&E submission is approved, the District Highway Director will issue the Permit authorizing the work to be performed in accordance with the procedures outlined in 700 CMR 13.03(6).

(b) Category II Permits. The detailed review of the first submission (ordinarily the 25% Design/Functional Design Report) shall be completed within 35 business days following a determination by the District Highway Director or his or her designee that the application is complete. The detailed review of the second submission (ordinarily the 75%/100% Design) shall be completed within 20 business days following receipt by the District Permits Engineer. The detailed review of the final submission (ordinarily final PS&E) shall be reviewed within 20 business days following receipt by the District Permits Engineer. Once the PS&E submission is approved, the District Highway Director will issue the Permit authorizing the work to be performed in accordance with the procedures outlined in 700 CMR 13.03(6).

(c) Category III Permits. Review submissions and associated review time frames will be negotiated by the Applicant and MassDOT. Negotiations shall commence within 15 business days of receipt of a written request by the Applicant to the Chief Engineer. If a mutual agreement is not reached within 40 working days following the commencement of the negotiation, non binding arbitration by an arbiter acceptable to both parties shall be used.

(d) Non-vehicular Access Permits. Non-vehicular Access Permits will be reviewed by the District Highway Director of the District within which the Project is located; provided, however, that the District Highway Director may refer any such application to the Chief Engineer for review and the Chief Engineer may remove any such application from the District for review. Such Permits shall be reviewed in accordance with 700 CMR 13.03(5)(b) and issued in conformance with MassDOT Standard Operating Procedures. Non-vehicular Access permits may not require 25%, 75/100%, and PS&E design submissions. The District Permit Engineer will determine the submission requirements and which design stages (if any) may be eliminated in the review/submission process based on the specific permit request.

If MassDOT fails to meet any of the time frames outlined in 700 CMR 13.03(5), the Applicant may notify the District Highway Director in cases involving a Category I Permit and the Chief Engineer in cases involving Category II or III Permits in writing that a review deadline has expired. In such cases, the District Highway Director or the Chief Engineer shall ensure that the applicable review is completed no later than five business days from receipt of such notification. Once the PS&E submission is approved, the District Highway Director will issue the Permit authorizing the work to be performed in accordance with the procedures outlined in 700 CMR 13.03(6).

(e) When the District Highway Director determines after a detailed review of a 25%, 75&/100% or PS&E design submission that a resubmission is required, the review process timelines outlined in 700 CMR 13.03(5) will restart at zero upon resubmission of the requested design documents.

(6) Ten-day Permit Issuance Deadline. Once the PS&E submission is approved, the District Highway Director shall issue the associated Vehicular or Non-vehicular Permit within ten business days. The dated Permit with the District Highway Director's hand written or electronic signature will constitute issuance of the permit. If the District Highway Director has not issued the Permit within ten business days, the Applicant may notify the Chief Engineer in writing or through MassDOT's electronic online permitting system. In such cases, the Chief Engineer shall ensure that the Permit is issued within two business days of receipt of the Applicant's notice and receipt of the following, if not already in the Permit file:

(a) For Projects with a clear "area of potential impact" (as defined in 950 CMR 71.00: Protection of Properties Included in the State Register of Historic Places) to properties listed in the State Register of Historic Places, either:
1. A letter from the MHC indicating compliance with M.G.L. c. 9, §§ 26 through 27C; or

2. Certification from the Applicant that the MHC failed to determine adverse effect within 30 days of its receipt of an MHC Project Notification Form and/or an Environmental Notification Form (ENF);

(b) Evidence of approvals or decisions, if necessary, from the Conservation Commission in the community in which the Project is proposed; and

(c) A Section 61 Finding issued by MassDOT, for those Projects where an Environmental Impact Report (EIR) was required under MEPA relative to a MassDOT Access Permit, if previously waived by MassDOT as part of the application process.

(7) Small Wireless Facility Permit. In addition to the requirements for permitting contained in 700 CMR 13.00, MassDOT may issue a License and Small Wireless Facility Permit in accordance with the following procedures:

(a) Time for Processing Applications.
1. MassDOT will review applications proposing to install Small Wireless Facilities only on an existing Structure within a MassDOT Right of Way within 60 days, except as follows:
a. If, within ten business days from the date of receipt of an application, MassDOT determines that the application is incomplete and notifies the applicant of such deficiencies, the review period resets once the License Applicant submits the supplemental information requested by MassDOT.

b. If, greater than ten business days after MassDOT receives an application, MassDOT determines that the application is incomplete and notifies the applicant of such deficiencies, the review period is tolled and begins to run again once the License Applicant submits the supplemental information requested by MassDOT.

2. MassDOT will review applications proposing to install a new Small Cell Wireless Structure within a MassDOT Right of Way within 90 days, except as follows:
a. If, within ten business days from the date of receipt of an application, MassDOT determines that the application is incomplete and notifies the applicant of such deficiencies, the review period resets once the Applicant submits the supplemental information requested by MassDOT.

b. If, greater than ten business days after MassDOT receives an application, MassDOT determines that the application is incomplete and notifies the applicant of such deficiencies, the review period is tolled and begins to run again once the Applicant submits the supplemental information requested by MassDOT.

3. MassDOT will review applications proposing to install a Small Cell Wireless Facilities on a MassDOT owned structure within a MassDOT Right of Way within 90 days, except as follows:
a. If, within ten business days from the date of receipt of an application, MassDOT determines that the application is incomplete and notifies the applicant of such deficiencies, the review period resets once the Applicant submits the supplemental information requested by MassDOT.

b. If, greater than ten business days after MassDOT receives an application, MassDOT determines that the application is incomplete and notifies the applicant of such deficiencies, the review period is tolled and begins to run again once the Applicant submits the supplemental information requested by MassDOT.

(b) A single application may seek authorization for multiple installments of Small Wireless Facilities and/or Structures only if all of the locations of such installations will be located on the same Right of Way, in the same Highway District, and includes the same model of Small Wireless Facility.

(c) Failure to complete the construction of a Small Wireless Facility within 12 months from issuance shall automatically result in forfeiture of the Small Wireless Facility Permit and License.

(9) Recording of Permits. MassDOT will issue the Permit to the Applicant named on the Permit application submitted to and reviewed by MassDOT. Unless otherwise noted, after expiration of all appeal rights, the Applicant shall be required to record any new Vehicular Access Permit and any Non-vehicular Access Permit involving a direct, or indirect, drainage tie in at the appropriate registry of deeds. Any Permit issued by MassDOT that requires recording shall not be effective until recorded at the appropriate registry of deeds and a notice of recording is submitted to the District Highway Director.

(10) Coordination with MEPA Review. For Projects requiring MEPA review, MassDOT will comment to the Secretary of EEA and communicate with Project proponents during the MEPA process in order to identify the Project-related highway impacts and appropriate mitigation as early as possible. Resolution of traffic mitigation requirements through the MEPA process will minimize reconsideration of mitigation during the MassDOT Section 61 and Access Permit process. In order to minimize damage to the environment caused by transportation related air pollution, including greenhouse gas emissions, MassDOT shall, in cooperation with the Secretary of EEA, review and comment on measures identified in the MEPA process to avoid, minimize, or mitigate such transportation related air pollution, and shall include as conditions in its Section 61 Finding measures to avoid, minimize, or mitigate such transportation related air pollution. Early identification of mitigation will assist Project proponents in planning and managing Project costs. MassDOT coordination with MEPA review will reduce the total time required to obtain Project approvals.

If the proponent has not already done so, MassDOT, as a permitting State Agency, has the authority and obligation to require proponents to submit their projects for a MEPA review or an advisory opinion when plan submissions indicate that MEPA review thresholds are being approached or exceeded. MassDOT may require additional traffic studies and updated site plans to confirm that MEPA review thresholds have not been exceeded. Any requests for an advisory opinion submitted to MEPA should be copied to the appropriate MassDOT and the MassDOT Public/Private Development Unit. Should a MEPA filing and review be required, MassDOT will not issue an access permit until the MEPA certificate has been issued. It is expected that any such requests to the proponent, from MassDOT, would be identified in either the Completeness Review or the 25% Design Review stages.

(11) Denial of a Permit Application. The District Highway Director may place restrictions in, or deny, the issuance of a Permit if any of the following exists: the Applicant fails to meet any of the requirement of the Permits; the Applicant fails to pay any costs or fees due pursuant to 700 CMR 13.00; the Applicant has outstanding payments due MassDOT, or its agents, on other Access Permits; the proposed entry does not provide sufficient highway improvements or its use has the potential to create a condition that will interfere with MassDOT maintenance, construction or operations; the construction and use of the proposed access would create a condition within the State Highway Layout or Right of Way that is unsafe that will interfere with the free flow of traffic or create an obstruction that endangers the public safety and welfare; the proposed access interferes with existing rights of third parties; the proposed access may block or limit sight lines on MassDOT roadways and Rights of Way; the proposed access violates MassDOT policies, procedures, directives, rules and regulations; the Applicant has a history of failing to meet permit conditions and quickly resolving safety and traffic-related issues; and/or the proposed entry or use, in MassDOT's sole discretion, constitutes an impermissible use of MassDOT Property. In the case of a Drainage Tie in application, MassDOT may deny a Permit where its use has the potential to adversely affect the integrity and/or capacity of the drainage system, or cause unacceptable contaminant loading, or where a practicable drainage alternative exists. Under M.G.L. c. 81, § 21, the Board or Department in a municipality with authority over public roadways may notify MassDOT by registered mail of its objection to a proposed new or modified residential or commercial driveway intersecting the State Highway Layout. If MassDOT agrees with the objection, which must be based on traffic safety concerns, MassDOT shall not grant the Permit.

(12) Access Permit Sign-off. Once work is completed, the Grantee is responsible for notifying MassDOT to arrange a final inspection for sign-off on their permit. The official sign-off on the Permit will be issued once the work performed is verified to be in compliance with the Permit conditions and to the satisfaction of the Department. If upon inspection the work is not considered complete the Grantee will be provided a punch list outlining deficiencies for their correction. Re-inspection will take place upon subsequent grantee notification to the Department. Failure to address deficiencies after the first re-inspection may result in the Department seeking reimbursement for labor and equipment required for future inspection services. Grantees are responsible for future roadway failures resulting from their work until such time that MassDOT resurfaces the road or another grantee performs work in the same location.

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