Current through Register 1518, March 29, 2024
(1)
Definitions.
Boulevard. Any roadway under the care
and control of MassDOT.
Excavation. Any digging or opening
into the surface of a MassDOT boulevard, parkway or land.
Parkway. Any roadway under the care
and control of MassDOT.
Tree. Shall mean any tree, shrub, or
landscape planting.
(2)
General.
(a) MassDOT
land may be dug up only under the following conditions. No Boulevard or any
MassDOT Land shall be dug up, nor opening made therein for any purpose without
a permit from the Secretary or the Secretary's designee. No material shall be
dumped or placed on MassDOT Property. No tree shall be planted or removed or
obstruction or structure placed on MassDOT Property or removed therefrom or
changed without the written permit of MassDOT. Any work shall be done under
MassDOT supervision and to its satisfaction, and the entire expense of
replacing and resurfacing the Boulevard or other MassDOT Land at the same level
and in as good condition as before, with materials equal in specifications to
those removed, shall be paid by the persons to whom the permit was given or by
whom the work was done.
(b) In the
case of a driveway opening on a Boulevard, MassDOT shall grant a permit for a
driveway location or alteration only after it has been determined that there is
no other means of access and egress available and that said proposed driveway
is in conformance with generally accepted safety standards.
(3)
Application
Process. All persons seeking a driveway or excavation permit must
submit a request on a form prescribed by MassDOT. All requests must contain the
following:
(a) A plan identifying any proposed
change as well as a description of the general area;
(b) A written description of the proposed
work;
(c) A copy of all permits
issued by other regulatory bodies, necessary to perform the proposed
work;
(d) Other documentation
requested by MassDOT necessary to facilitate a review of the proposed
work.
(4)
Work Requirements.
(a) All excavation work must be performed in
accordance with applicable statutes, regulations, codes or standards.
(b) Prior to the commencement of any
excavation work, the Permittee must notify Dig Safe to obtain location of
utilities. The Permittee is charged with the responsibility of reviewing
MassDOT plans to ensure that the proposed excavation work will not adversely
affect any subsurface utilities, equipment or structures including trees and
tree-root systems.
(c) MassDOT may
require a bond to guarantee the faithful and satisfactory performance of the
work and payment for any damage to MassDOT Boulevards, facilities and
associated landscaping features caused by or resulting from the operations
authorized by such permit. The amount of said bond shall be determined by the
department not to exceed the estimated cost of the work and possible damage,
but shall be not less than $2,000 nor more than $50,000.
(d) The Permittee must agree to indemnify and
hold MassDOT, Commonwealth of Massachusetts harmless for all injuries to
persons or property resulting or arising from the issuance of a permit. The
Permittee must warranty that all restorative work be in a safe condition for a
period of one year after work ceases, and agree that it shall indemnify and
defend any suits arising from an unsafe or dangerous condition.
(5)
Status of
Excavation or Driveway Permit. A permit is in the nature of a
licence it is revocable at will. Acceptance of any permit is an acknowledgment
of the Permittee that the permit does not confer any rights in real property of
the Commonwealth.
(6)
Fee for Excavation of Driveway Permits. Fees are set
in 350 CMR 14.00.
