Section 5.208 - Permits for Excavations or Driveway Openings on MassDOT Boulevards, Parkways and Land(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.