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 13.04 - Criteria for Review of Applications

(1) Review of Engineering Plans. The District Highway Director shall require that engineering plans and specifications provide for safe and efficient access, which protects the operational integrity of the MassDOT roadway or property. Plan review and approval shall be based on the standards in the most recent Manual on Uniform Traffic Control Devices (MUTCD), including the most recent Massachusetts Amendments, MassDOT's Project Development and Design Guide or its successor, MassDOT's Standard Specifications for Highways and Bridges, and any then current technical policies or engineering directives, or other manuals and design guides issued by MassDOT. For Drainage Tie-in applications, all plans and documents shall follow MassDOT's Drainage Tie-in Standard Operating Procedures, as may be amended from time to time.

(2) Permit Conditions. The District Highway Director shall condition a Permit to facilitate safe and efficient traffic operations, to mitigate traffic impacts, to address aesthetic considerations, and to avoid or minimize environmental damage during the construction period and throughout the term of the Permit. Such conditions may include, but not be limited to:

(3) Design Exceptions. MassDOT recognizes certain design criteria that, if not met, require formal approval of design exceptions. These criteria are listed in the Massachusetts Department of Transportation Project Development and Design Guide and in MassDOT Engineering Directive E-14-006, as may be amended from time to time. Sufficient documentation of design exceptions is required to demonstrate that sound engineering judgment was used to design the improvements. Documentation shall be prepared in accordance with the MassDOT Project Development and Design Guide and the most current guidance available by MassDOT, and shall be signed by a Professional Engineer registered in the Commonwealth of Massachusetts. All design exceptions must be approved by the Chief Engineer. In addition, any proposed work that does not meet the pedestrian and bicycle accommodation requirements of the MassDOT Healthy Transportation Policy Directive, as detailed in MassDOT Engineering Directive E-14-006, must be approved by the Secretary of Transportation. If a design exception is sought as part of a Permit, an additional 20 business days beyond the time allowed in 700 CMR 13.03(5) shall be provided for review of the submission.

In addition to exceptions from design criteria, any exceptions to full compliance with 521 CMR: Architectural Access Board, must also be identified in the Access Permit. The Applicant is responsible for obtaining all necessary variances and approval of design plans and constructed elements from the local access board. MassDOT shall not issue any Permit that is not in compliance with 521 CMR and the MassDOT Healthy Transportation Policy Directive, where applicable.

(4) Review of Related Projects. Permit applications shall be reviewed in the context of the section(s) of state highway that is (are) affected by traffic to be generated by a Project for which a Permit is sought. Whenever practical, the District Highway Director shall coordinate review and issuance of Permits for multiple Projects in proximity to each other in order to facilitate safe and efficient traffic operations and to avoid or minimize adverse environmental impacts. In cases where a proposed access is to be shared by multiple development sites, the Applicant(s) shall provide evidence of the rights of access between the parties involved prior to the issuance of the Access Permit. In these cases, an Access Permit shall be issued for each development site under separate ownership.

(5) Section 61 Finding. For all Projects that receive EEA certification of a Final EIR, which was scoped for a MassDOT Access Permit, MassDOT will issue a Section 61 Finding at the Applicant's request within 25 business days for Category II Projects or 40 business days for Category III Projects. The Section 61 Finding shall indicate that MassDOT has completed its review of the Project in the context of MEPA and that the proposed land use is approved by MassDOT subject to the conditions outlined in the Finding. Phased Section 61 Findings may be required under an approved phase-waiver certification issued by the Secretary of EEA. The Finding shall be incorporated by reference into any Permit to be issued by MassDOT for the Project. The requirement to issue a Section 61 Finding and a Permit does not preclude the issuance of a Temporary Access Permit under 700 CMR 13.05(2). The Section 61 Finding will specify the driveway access and off-site mitigation measures necessary for initial occupancy of the Project. Additional mitigation measures, if any, and the construction timing of these additional measures may also be specified in the Section 61 Finding. Plan review of the measures not required for initial occupancy shall not delay the issuance of the Permit for the Project for this initial occupancy.

(6) Other Design Features and Considerations. In accordance with 700 CMR 13.04(4), MassDOT may require the Applicant to include design and development features that are in keeping with GreenDOT goals and Climate Change Mitigation and Resiliency Measures; where deemed suitable/practicable given the context of the project and surrounding development and roadway features. Examples include, but are not limited to, a compliment of electric vehicle charging stations, bike racks, sidewalks and multiuse paths, bus shelter(s), employee transit service, and design features to reduce impact of climate change.