01- 672 C.M.R. ch. 15, § 02

Current through 2024-44, October 30, 2024

Section 672-15-02 - Applicability

These guidelines apply to construction of private roads and ways covering 3 or more acres in LUPC management districts. Road construction that complies with these guidelines does not require a permit from the Commission, except as provided in the Commission's wetland rules in Chapter 10. Other roads are regulated according to Chapter 10, Land Use Districts and Standards, of the Commission's rules.

The following table may be used as a guide in determining whether a proposed road exceeds the three-acre threshold:

TABLE FOR DETERMINING WHEN A ROAD AFFECTS THREE OR MORE ACRES OF GROUND AREA
Width of road (includes only unvegetated portion of ROW) (feet)	Length of road at which three acres of area is affected (miles)
12	2.06
16	1.55
20	1.24
24	1.03
28	0.88
32	0.77
36	0.69
40	0.62

In calculating whether the three-acre threshold of the law has been exceeded:

1. The area of continuous road to be constructed, exclusive of banks, ditches, and portions of the right-of-way which are to be revegetated within two growing seasons from the time of construction, shall be included.

2. The area of roads constructed prior to January 5, 1981, shall not be included, unless otherwise specified.

3. The reconstruction of an existing road, including widening or straightening, shall be included.

4. Normal maintenance of an existing road, including gravel resurfacing, grading, reditching, reshaping, culvert maintenance and replacement, and the clearing of brush, shall not be included.

Once a continuous stretch of road exceeds the three-acre threshold, all portions of the road and additions to the road must comply with these standards in order to qualify for exemption from permitting.

Guidelines for Roads in Management Districts

01- 672 C.M.R. ch. 15, § 02