Massachusetts General Laws
Chapter 82 - The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and Specific Repairs Thereon
Section 40a - Excavations; Notice

Section 40A. No excavator installing a new facility or an addition to an existing facility or the relay or repair of an existing facility shall, except in an emergency, make an excavation, in any public or private way, any company right-of-way or easement or any public or privately owned land or way, unless at least 72 hours, exclusive of Saturdays, Sundays and legal holidays but not more than 30 days before the proposed excavation is to be made, such excavator has premarked not more than 500 feet of the proposed excavation and given an initial notice to the system. Such initial notice shall set forth a description of the excavation location in the manner as herein defined. In addition, such initial notice shall indicate whether any such excavation will involve blasting and, if so, the date and the location at which such blasting is to occur.
The notice requirements shall be waived in an emergency as defined herein; provided, however, that before such excavation begins or during a life-threatening emergency, notification shall be given to the system and the initial point of boring or excavation shall be premarked. The excavator shall ensure that the underground facilities of the utilities in the area of such excavation shall not be damaged or jeopardized.
In no event shall any excavation by blasting take place unless notice thereof, either in the initial notice or a subsequent notice accurately specifying the date and location of such blasting shall have been given and received at least 72 hours in advance, except in the case of an unanticipated obstruction requiring blasting when such notice shall be not less than four hours prior to such blasting. If any such notice cannot be given as aforesaid because of an emergency requiring blasting, it shall be given as soon as may be practicable but before any explosives are discharged.

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