Scope, Objective, and Use of MassDOT Property

(1) MassDOT may issue Standard Operating Procedures to implement 700 CMR 13.00. Scope and Intent. 700 CMR 13.00 is intended to provide evaluation criteria concerning requests to enter and/or use MassDOT property or MassDOT Interests and to establish a procedure for review, approval and processing of such requests. 700 CMR 13.00 applies broadly to three types of Permit applications to MassDOT: (a) Vehicular Access Permits; (b) Non vehicular Access Permits; and (c) Small Wireless Facility Permits. Applications for Vehicular Access Permits are intended to benefit from the expedited Permit review features contained in 700 CMR 13.03(5) and (6), as well as to the procedures for administrative appeals, 700 CMR 13.05(7), as the grant or denial of such Permits may affect the rights of specific Persons. Applications for Non-vehicular, and Small Wireless Facility Access Permits will not be subject to administrative appeals, unless otherwise provided for under any applicable state law or regulation, as there is no right to conduct the activities for which such Permits are sought on the State Highway Layout (SHLO) or other MassDOT property. In cases where a particular Project or activity may seek both vehicular and non vehicular access, separate and distinct Permit applications should be filed. (3) Determination of Need for an Access Permit. A prospective Permit Applicant may request a determination from the District Highway Director for the District in which the Project, work, or activity is located as to whether, in a particular instance or circumstance, an Access Permit is required. Any prospective Applicant seeking such a determination must provide all necessary and appropriate information requested by the District Highway Director upon which the District Highway Director can evaluate the request and base the determination. The District Highway Director will issue such determination in writing within ten business days of receipt of such necessary and appropriate information. (4) Use of MassDOT Property. Unless otherwise provided in a Permit, License or other written grant of authorization from MassDOT, the following shall be considered impermissible uses of MassDOT property: (a) Any use that interferes with official MassDOT business and/or the safe operation of any of its roads and facilities; (b) Any use that MassDOT in its sole discretion determines likely to jeopardize public safety or the safety and security of MassDOT, its personnel, or property; (c) Any use that causes disruption of MassDOT activities or the peace and quiet of property owners and communities adjacent to MassDOT's property; (d) Any use that interferes with the authorized use of MassDOT's property by third parties, including without limitation any public body or agency, public utility, private entity, corporations, or persons; (e) Any use that MassDOT determines in its sole discretion to present an unacceptable risk of personal injury or damage to property; (f) Commercial activity such as the sale or distribution of food, beverages, or tobacco products; (g) Signage, displays, or advertising of any sort; (h) Telecommunications; (i) The construction or erection of any permanent or temporary structure; (j) Parking or storage of any vehicle or other personal property, other than in areas expressly designated for such purposes; (m) Open fires or barbeques; (n) The use, generation, storage, release, or disposal of any hazardous materials as defined by applicable federal and Massachusetts law; and/or (o) Any use that is contrary to MassDOT policies or other guidelines and procedures concerning the general use of properties or use of specific properties; or to the statutes, rules or regulations of the Commonwealth; or to any applicable local ordinances, bylaws, and regulations.