Massachusetts General Laws

Mass. Gen. Laws ch. 111, § 122 (2026)

Regulations relative to nuisances; examinations

✓ current as of July 2026

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Section 122. The board of health shall examine into all nuisances, sources of filth and causes of sickness within its town, or on board of vessels within the harbor of such town, which may, in its opinion, be injurious to the public health, shall destroy, remove or prevent the same as the case may require, and shall make regulations for the public health and safety relative thereto and to articles capable of containing or conveying infection or contagion or of creating sickness brought into or conveyed from the town or into or from any vessel. Whoever violates any such regulation shall forfeit not more than one thousand dollars.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1922–2024 · leading case: Town of Boxford v. Massachusetts High. Dep't, 940 N.E.2d 404 (Mass. 2010).

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Town of Boxford v. Massachusetts High. Dep't, 940 N.E.2d 404 (Mass. 2010). · cites it 3× “The Commonwealth is correct that as an agency of the Commonwealth, it cannot be made subject to a fine under the final *605 sentence of G. L. c. 111, § 122. 20 See Woods Hole, Martha’s Vineyard & Nantucket S.”

City of Boston v. Smith & Wesson Corp., 12 Mass. L. Rptr. 225 (Mass. Super. Ct. 2000). “In the complaint, Plaintiffs rely on G.L.c. 111, §122 (and Append. 2-4 & 2-5), for the commission’s authority to sue.”

P.J. Keating Co. v. Town of Acushnet (Mass. App. Ct. 2024). · cites it 4× “The order cited the board's authority under G. L. c. 111, § 122, to 4 investigate and prevent nuisances.”

Commonwealth v. E. E. Wilson Co., 135 N.E. 376 (Mass. 1922). “75, § 65 (see how G. L. c. 111, § 122), conferred authority upon the board of health to pass such an order for the preservation of the public health.”

United Comb & Novelty Corp. v. City of Leominster Bd. of Health, 17 Mass. L. Rptr. 233 (Mass. Super. Ct. 2004). · cites it 2× “The director of the Board then recommended that the Board find that United Plastics’ operations created a public nuisance pursuant to G.L.c. 111, §122, and violated local restrictions on air and noise pollution and loud and excessive noise generated during the loading of…”

Padden v. Town of West Boylston by & through its Bd. of Selectmen, 17 Mass. L. Rptr. 19 (Mass. Super. Ct. 2003). “In this regard, boards of health “may make and enforce regulations for the public health and safety relative to house drainage and connection with common sewers, if such a sewer abuts the estate to be drained.” G.L.c. 111, §127.”

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