Massachusetts General Laws

Mass. Gen. Laws ch. 164, § 34B (2026)

Replacement of existing poles

✓ current as of July 2026

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Section 34B. A distribution company or a telephone company engaging in the removal of an existing pole and the installation of a new pole in place thereof shall complete the transfer of wires, all repairs, and the removal of the existing pole from the site within 90 days from the date of installation of the new pole; provided, however, that for any approved commercial or industrial construction project, the completion of which is expected to take longer than one year, said company shall be required to remove such pole within six months from the date of installation of the new pole. The owner of such pole shall notify all other users of the starting date of such removal and installation work at least 48 hours prior to the commencement of such work, and said owner shall require all other users to remove their wiring and other attachments from the poles in a timely manner.

Notes of Decisions

Cited in 2 cases, 2004–2005 · leading case: Boston Edison Co. v. Town of Bedford, 444 Mass. 775 (Mass. 2005).

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Boston Edison Co. v. Town of Bedford, 444 Mass. 775 (Mass. 2005). · cites it 6× “We consider in this case whether a town may adopt a bylaw that imposes fines on the owner of an existing *776 utility pole for failing to remove the pole within the time provided by G. L. c. 164, § 34B, following installation of a replacement pole.”

Boston Edison Co. v. Town of Bedford, 18 Mass. L. Rptr. 232 (Mass. Super. Ct. 2004). · cites it 12× “” M.G.L.c. 164, §34B. On July 31, 2003, the Legislature requested that the Department of Telecommunications and Energy (“DTE”) investigate the potential enforcement of G.”

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