Mass. Gen. Laws ch. 111, § 143

Trade or employment attended with noisome and injurious odors; assignment of places; prohibition; appeal

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Section 143. No trade or employment which may result in a nuisance or be harmful to the inhabitants, injurious to their estates, dangerous to the public health, or may be attended by noisome and injurious odors shall be established in a city or town except in such a location as may be assigned by the board of health thereof after a public hearing has been held thereon, subject to the provisions of chapter forty A and such board of health may prohibit the exercise thereof within the limits of the city or town or in places not so assigned, in any event. Such assignments shall be entered in the records of the city or town, and may be revoked when the board shall think proper.

The department of environmental protection shall advise, upon request, the board of health of a city or town previous to the assignment of places for the exercise of any trade or employment referred to in this section, and any person, including persons in control of any public land, aggrieved by the action of the board of health in assigning certain places for the exercise of any trade or employment referred to in this section may, within sixty days, appeal from the assignment of the board of health to the department and said department may, after a hearing rescind, modify or amend such assignment.

Notwithstanding any provision in section one hundred and twenty-five A of this chapter, this section shall apply to the operations of piggeries.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1927–2024 · leading case: American Friends Service Committee v. Commissioner of the Department of Environmental Protection

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American Friends Service Committee v. Commissioner of the Department of Environmental Protection (1991) massappct · cites it 8× “,” 4 On May 11, 1989, the plaintiffs petitioned the Department of Environmental Protection (department) for an adjudicatory hearing pursuant to G. L. c. 111, § 143. On July 14, 1989, the department, through its commissioner, denied the plaintiffs’ request for an adjudicatory…”

Arthur D. Little, Inc. v. Commissioner of Health & Hospitals (1985) mass “Also on March 13, the commissioner issued an order under G.L.c. 111, §§ 143 and 146 (1984 ed.), requiring ADL to "cease the storage and testing" of the chemicals listed in the regulation.”

Pendoley v. Ferreira (1963) mass · cites it 2× “as a piggery location under” G. L. c. 111, § 143 (most recently amended by St.”

Clean Harbors of Braintree v. BD. OF HEALTH, BRAINTREE (1991) mass “The board of health of Braintree (board) counterclaimed, asserting that a site assignment was required both by § 150B, and G. L. c. 111, § 143 (1988 ed.). Chapter 111, § 143, requires a site assignment for any trade or employment which may cause a nuisance or be harmful to…”

Department of Public Health v. Cumberland Cattle Co. (1972) mass “G. L. c. 111, § 143 (as amended through St.”

Board of Health of Franklin v. Hass (1961) mass “The somewhat overlapping statutes permitting any board of health to regulate and to prohibit piggeries have recently been discussed in Board of Health of Woburn v.”

Town of Lexington v. Miskell (1927) mass “” G. L. c. 111, § 143. By § 31 of G. L. c; 111, boards of health may make reasonable health regulations; and by § 122 of this chapter they are required to examine into all nuisances, sources of filth and causes of sickness within the town which in their opinion are injurious to…”

City of Revere v. Riceman (1932) mass “75, § 91, (G. L. c. 111, § 143,) does not create a vested right in the donee of the privilege granted, and that a revocation of such a privilege does not deprive such a person of any constitutional rights.”

Town of Seekonk v. Nunes (1974) massappct “The entire operation was carried on under an assignment issued pursuant to G. L. c. 111, § 143, as amended, providing for the assignment of locations to carry on certain noisome trades.”

P.J. Keating Company v. Town of Acushnet (2024) massappct · cites it 3× “We conclude that the board's order was 13Although the court in Board of Health of Wareham was addressing board action under G. L. c. 111, § 143, we think the principle is applicable here.”

Greater Lawrence Sanitary District v. Town of North Andover (2002) masssuperct · cites it 3× “83, §6 or G.L.c. 111, §143 governs the granting of a site assignment for the proposed facilities.”

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