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 13.05 - Access Permit Provisions

Universal Citation: 700 MA Code of Regs 700.13

Current through Register 1531, September 27, 2024

(1) Duration of Permits.

(a) Construction. Construction of the proposed Project, work, or activity within the State Highway Layout under the terms of a Permit must be completed within one year of the date of issue, unless otherwise stated in the Permit. The District Highway Director may extend the Permit by an additional one year up to a maximum of five years from the issuance of the original Permit, upon written request of the Applicant or Permittee, provided said request is filed prior to the expiration of the original Permit. Extension requests beyond an expiration date may require a new Permit application and associated fee. The decision to extend or issue a new Permit will be based, in part, on the lapse of time, project location, subsequent changes in MassDOT-highway standards, specifications, policies, practices and regulations and will be at the sole discretion of the District Highway Director.

(b) Use. Permits upon issuance shall allow ingress to the property served and egress to the MassDOT property for an indefinite period, but a new Permit shall be required when:
1. More than one year has lapsed between the date of issuance of a Permit, and the start of construction or the use or facility, unless an extension has been granted pursuant to 700 CMR 13.05(1)(a);

2. Constructing, reconstructing, maintaining, replacing, relocating, repairing, improving or expanding an existing facility on the property served, which results in a Substantial Increase in or Impact on Traffic, or drainage (e.g., parking lot expansion), on the State Highway Layout or other MassDOT property;

3. Constructing a new access or modifying an existing permitted access;

4. A Drainage Tie-in discharge to MassDOT's system is deemed by the District Highway Director to cause or contribute to the impairment of a receiving water body; or 5. When a Permit would otherwise be required based on 700 CMR 13.00.

6. Noncompliance with the Section 61 Findings requirement, including the Transportation Demand Management measures and the project Transportation Monitoring Program.

7. A new access permit application and fee will be required if the applicant has not acted in good faith or otherwise demonstrated progress through the design process within two years of the original application submission.

(2) Temporary Access for Site Construction and Related Activities. Upon receipt of an application, the District Highway Director may grant an Access Permit for temporary site access for the purpose of performing site construction, land surveying, land clearing, Project preparation, and related activities. The Access Permits shall specify an expiration date, which shall not exceed one year from the date of issuance. Temporary access shall not allow building occupancy or use of the driveway(s) by the public. Temporary access may be issued for construction and related activities that precede a Project that requires the filing with the Secretary of EEA under MEPA for a MassDOT Access Permit, provided the site access, construction, or use in and of itself does not exceed any MEPA thresholds. The issuance of an Access Permit on a temporary basis shall in no way be construed as an indication that an Access Permit for a residential or commercial driveway for the site will be granted. Permits issued for temporary access will follow the same fee structure as permanent residential or commercial drives. Fees for permanent drives stemming from a Temporary drive will be waived, provided there are no design changes and they meet the provisions of700 CMR 13.05(1)(b) and no more than one year has lapsed since the expiration of permit issued for temporary access.

(3) Construction Under a Permit. Construction under a Permit may commence upon 48 hours written notice (which may be delivered by facsimile or electronic mail) or logged telephone notice to the District Highway Director or his or her designee by the Permittee.

(4) Suspension or Revocation of Permit. When the District Highway Director determines that a violation of M.G.L. c. 81, § 21 or M.G.L. c. 85, § 2 has occurred, or that a Permit condition has not been complied with, the Permit may be suspended or revoked.

(a) Suspension.
1. Emergency Suspension. The District Highway Director, in their sole discretion, may immediately suspend any work performed under a Permit in the event of an emergency or unsafe condition. In the case of an emergency condition or imminently unsafe travel conditions within the State Highway Layout that is due to noncompliance with conditions of a Permit, the District Highway Director or his or her designee may issue a verbal emergency suspension of a Permit to a Permittee. Upon issuance of this verbal suspension, the Permittee shall stop the subject work immediately. If the condition is not rectified within 24 hours, the District Highway Director will notify the Permittee, in writing by hand delivery or by certified mail, an emergency order immediately suspending the Permit and outlining the reason(s) for the suspension and the steps that shall be taken by the Permittee in order to allow said suspension to be lifted.

2. Standard Suspension. The District Highway Director will notify the Permittee in writing by certified mail a minimum of 24 hours in advance of the effective suspension of the Permit outlining the reason(s) for the suspension and the steps that shall be taken by the Permittee in order to avoid or lift said suspension.

(b) Revocation. The District Highway Director will notify the Permittee in writing by certified mail of the intent to revoke a Permit outlining the reason(s) for such intended revocation, the steps that shall be taken by the Permittee to avoid such revocation, and establishing a date, time, and place for a hearing, prior to revocation, as provided by M.G.L. c. 30A, § 13. Prior to establishing a revocation hearing, the District Highway Director shall notify the Chief Engineer and send a copy to the General Counsel's Office.

(5) Enforcement. MassDOT may issue written orders to enforce the provisions of M.G.L. c. 81, § 21, or the provisions of any Permit, order, or approval issued under M.G.L. c. 81, § 21. Any Person who violates any provision of 700 CMR 13.00 shall be punished in accordance with M.G.L. c. 81, § 21.

(6) Performance Bonds and Insurance. The District Highway Director may require a performance bond to be posted by the Applicant for the estimated cost of the construction within the State Highway Layout and possible damages. The limits of said bond shall be in accordance with M.G.L. c. 81, § 21. The performance bond shall be posted by the Applicant prior to the issuance of the Permit. The District Highway Director may also require the Permittee to purchase insurance. The type and limits of said insurance shall be determined by the District Highway Director.

(7) Administrative Appeals. An Applicant who is aggrieved by the issuance, denial, modification, suspension, or revocation of a Vehicular Access Permit may appeal in writing to the Chief Engineer. Upon consultation with the Permit Applicant and appropriate MassDOT personnel, and after a hearing under the provisions of M.G.L. c. 30A, § 13, if required, the Chief Engineer may uphold, modify, or overturn the action or decision of the District Highway Director.

(8) Issuance of a License or Easement. If MassDOT determines that the proposed entry or use is intended for sustained types of uses or occupancy, MassDOT may grant a License or easement in lieu of or in addition to issuance of a Permit. The Director of the Office of Real Estate and Asset Development shall be responsible for issuance of Licenses and easements. The License or easement shall limit the entry upon and use of the designated property to those purposes specified in the License or easement and shall include any other requirements that MassDOT in its sole discretion deems necessary to protect the interests of MassDOT.

(9) Filming and Photography Permits. If the Permit application indicates that the proposed entry or use is to accommodate a professional production and/or film organization's request to film, videotape or photograph for commercial purposes, MassDOT may issue a Filming and Photography Permit.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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