Massachusetts General Laws
Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon
Section 40 - Definitions Applicable to Secs. 40a to 40e

Section 40. The following words, as used in this section and sections 40A to 40E, inclusive, shall have the following meanings:—
''Company'', natural gas pipeline company, petroleum or petroleum products pipeline company, public utility company, cable television company, and municipal utility company or department that supply gas, electricity, telephone, communication or cable television services or private water companies within the city or town where such excavation is to be made.
''Description of excavation location'', such description shall include the name of the city or town, street, way, or route number where appropriate, the name of the streets at the nearest intersection to the excavation, the number of the buildings closest to the excavation or any other description, including landmarks, utility pole numbers or other information which will accurately define the location of the excavation.
''Emergency'', a condition in which the safety of the public is in imminent danger, such as a threat to life or health or where immediate correction is required to maintain or restore essential public utility service.
''Excavation'', an operation for the purpose of movement or removal of earth, rock or the materials in the ground including, but not limited to, digging, blasting, augering, backfilling, test boring, drilling, pile driving, grading, plowing in, hammering, pulling in, jacking in, trenching, tunneling and demolition of structures.
''Excavator'', any entity including, but not limited to, a person, partnership, joint venture, trust, corporation, association, public utility, company or state or local government body which performs excavation operations.
''Premark'', to delineate the general scope of the excavation or boring on the paved surface of the ground using white paint, or stakes or other suitable white markings on nonpaved surfaces. No premarking shall be acceptable if such marks can reasonably interfere with traffic or pedestrian control or are misleading to the general public. Premarking shall not be required of any continuous excavation that is over 500 feet in length.
''Safety zone'', a zone designated on the surface by the use of standard color-coded markings which contains the width of the facilities plus not more than 18 inches on each side.
''Standard color-coded markings'', red - electric power lines, cables, conduit or light cables; yellow - gas, oil, street petroleum, or other gaseous materials; orange - communications cables or conduit, alarm or signal lines; blue - water, irrigation and slurry lines; green - sewer and drain lines; white - premark of proposed excavation.
''System'', the underground plant damage prevention system as defined in section 76D of chapter 164.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title XIV - Public Ways and Works

Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon

Section 1 - Jurisdiction; Notice; Hearings

Section 2 - Petition; Recognizance

Section 3 - Notice of Proposed Taking and View or Hearing; Publication

Section 4 - View of Premises; Adjudication

Section 5 - Procedure on Objections to Proposal

Section 6 - Changes Between Termini; Establishment of Building Lines

Section 7 - Taking Land or Easement by Eminent Domain; Damages

Section 8 - Construction Requirements; Payment of Expenses

Section 9 - Culverts and Cattle Passes

Section 10 - Specific Repair of Ways

Section 11 - Relocation

Section 11a - Entry Upon Private Lands for Purpose of Reconnaissances, Surveys, Soundings, Inspections and Examinations

Section 12 - Payment of Damages and Costs of Construction

Section 13 - Payment of Expenses of Rejected Petitions

Section 14 - Failure by Municipalities to Construct Highways Laid Out by Commissioners

Section 15 - Remedy Against Delinquent Municipalities

Section 16 - Payment of County's Share of Expense

Section 17 - Jurisdiction

Section 18 - Notice to County Commissioners of Final Action on Petitions

Section 19 - Appeal to County Commissioners

Section 20 - Applicability to Railroad Crossings

Section 21 - Authority to Lay Out Ways

Section 22 - Notice of Intention

Section 23 - Filing and Acceptance of Plan

Section 24 - Taking by Eminent Domain; Damages

Section 25 - Sewers and Pipes

Section 28 - Completion of Way by County Commissioners

Section 29 - Private Ways; Laying Out, Relocation or Alteration by Commissioners

Section 30 - Discontinuance by Commissioners

Section 31 - Costs for Hearing Petitions; Recognizance

Section 32 - Report of Laid Out, Relocated or Altered Roads; Recordation

Section 32a - Abandonment of Municipal Ways

Section 32b - Taking Slope Easement to Protect Ways

Section 32c - Easements for Erection of Snow Fences

Section 33 - Footways

Section 34 - Reserved Spaces Along Ways; Rights of Pedestrians Injured by Streetcars

Section 35 - Bicycle Paths

Section 35a - Laws Relative to Public Ways; Definition

Section 36 - Penalty for Misuse of Bicycle Paths

Section 37 - Building Lines

Section 38 - Acquisition of Land for Road Materials

Section 39 - Commencement of Proceedings

Section 40 - Definitions Applicable to Secs. 40a to 40e

Section 40a - Excavations; Notice

Section 40b - Designation of Location of Underground Facilities

Section 40c - Excavator's Responsibility to Maintain Designation Markings; Damage Caused by Excavator

Section 40d - Local Laws Requiring Excavation Permits; Public Ways

Section 40e - Violations of Secs. 40a to 40e; Punishment