Massachusetts House Bill H2358

Massachusetts 2025-2026 Regular Session

• Introduced: 2/27/25
• Refer: 2/27/25

Caption

Permitting municipal expenditures for the maintenance of private roads

Impact

This legislation would significantly impact local government operations by providing a legal framework for municipalities to allocate funds for roads that were traditionally considered private. This could benefit communities where private roads are essential for property accessibility and safety, creating a more direct connection between taxpayer contributions and local infrastructure management. Municipalities must also establish bylaws or ordinances to define the scope and process for such maintenance, ensuring that local governance aligns with the goals of the bill.

Summary

House Bill 2358 aims to allow municipalities in Massachusetts to use public expenditures for the maintenance, repair, and improvement of private roads under specific conditions. The bill stipulates that such public funding can only be allocated if the private road serves at least 100 residential properties that contribute property tax revenue, is the primary access route for those properties, possesses historical significance or longstanding ties to the town, and is not maintained by any developer or private entity under an agreement to do so.

Contention

While the bill serves to support municipal infrastructure needs, it may also raise concerns among residents about the equitable use of public funds. Questions may arise regarding the prioritization of private road maintenance over other public infrastructure needs. Moreover, the stipulation around the number of properties benefiting from a private road may lead to disputes over which roads qualify for funding. Critics may argue that this could create a disparity in infrastructure investment based on the property taxes collected from different areas.