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HOUSE DOCKET, NO. 3924 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 2358
The Commonwealth of Massachusetts
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PRESENTED BY:
Steven George Xiarhos, (BY REQUEST)
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act permitting municipal expenditures for the maintenance of private roads.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Andrew Macdonald152 Old County Rd, Sandwich, MA
02537
1/17/2025Joseph D. McKenna18th Worcester2/11/2025 1 of 2
HOUSE DOCKET, NO. 3924 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 2358
By Representative Xiarhos of Barnstable (by request), a petition (accompanied by bill, House,
No. 2358) of Andrew Macdonald and Joseph D. McKenna relative to permitting municipal
expenditures for the maintenance of private roads. Municipalities and Regional Government.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act permitting municipal expenditures for the maintenance of private roads.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 6N of chapter 40 of the General Laws is hereby amended by adding
2the following paragraph:-
3 (a) Notwithstanding any general or special law to the contrary, municipalities may
4appropriate and expend public funds for the maintenance, repair, and improvement of private
5roads when the following conditions are met:
6 (1) The private road serves a minimum of 100 residential properties that contribute
7property tax revenue to the municipality.
8 (2) The private road is the primary or sole access for the properties served.
9 (3) The private road has historical significance or longstanding ties to the municipality,
10such as having been part of the town’s infrastructure prior to a significant geographical change or
11reconstruction. 2 of 2
12 (4) The private road is not maintained by a developer or private entity under an
13agreement or covenant requiring such maintenance.
14 (b) Municipalities opting to provide such services shall adopt a bylaw or ordinance
15specifying the conditions, scope, and process for the maintenance or repair of private roads,
16including limitations on expenditures and the types of services provided.
17 SECTION 2. Municipalities providing maintenance for private roads under this act shall
18report annually to the Massachusetts Department of Revenue on the expenditures and the number
19of properties served. Such reports shall ensure transparency and compliance with the intent of
20this act.