Massachusetts General Laws

Mass. Gen. Laws ch. 164, § 75 (2026)

Regulation by municipal authorities

✓ current as of July 2026

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Section 75. The aldermen or selectmen may regulate, restrict and control all acts and doings of a corporation subject to this chapter which may in any manner affect the health, safety, convenience or property of the inhabitants of their towns.

Notes of Decisions

Cited in 7 cases, 1969–2005 · leading case: Pereira v. New England LNG Co., Inc., 301 N.E.2d 441 (Mass. 1973).

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Pereira v. New England LNG Co., Inc., 301 N.E.2d 441 (Mass. 1973). · cites it 2× “” This was the progenitor of G. L. c. 164, § 75, which now provides that “[t]he aldermen or selectmen may regulate, restrict and control all acts and doings of a corporation subject to this chapter which may in any manner affect the health, safety, convenience or property of the…”

Boston Gas Co. v. City of Newton, 682 N.E.2d 1336 (Mass. 1997). · cites it 2× “While the city argues that it is entitled to recover such future costs as property damage under G. L. c. 164, § 75, 6 the logical corollary of the city’s argument is that it is all but impossible for the plaintiff to restore a street that has been the site of an excavation to…”

Boston Edison Co. v. Town of Bedford, 444 Mass. 775 (Mass. 2005). · cites it 3× “Newton, supra at 703 (G. L. c. 164, § 75, “provides limited authority to a municipality and must yield at times to the broader grant of authority given to the department”); Boston Gas Co.”

Boston Gas Co. v. City of Somerville, 652 N.E.2d 132 (Mass. 1995). “Finally, although the defendant argues that G. L. c. 164, § 75, 6 gives it the authority to regulate in this area, we con- *706 elude that the defendant cannot use its limited authority to enact an ordinance which has the practical effect of frustrating the fundamental State…”

New England LNG Co. v. City of Fall River, 331 N.E.2d 536 (Mass. 1975). · cites it 2× “1 expressly states that the city council promulgated the regulations therein pursuant to the *263 authority granted by G. L. c. 164, § 75, 2 and “in the interest of public safety as it relates to fire and explosion.”

Sansoucy v. Plan. Bd. of Worcester, 246 N.E.2d 811 (Mass. 1969). “Nor is the field preempted by G. L. c. 164, § 75: “The aldermen or selectmen may regulate, restrict and control all acts and doings of a corporation subject to this chapter which may in any manner affect the health, safety, convenience or property of the inhabitants of their…”

Boston Gas Co. v. City of Somerville, 2 Mass. L. Rptr. 347 (Mass. Super. Ct. 1994). “” G.L.c. 164, §75. None of the state or federal regulations cited by Boston Gas contradict or interfere with this express intent of the Legislature to allow municipalities to regulate asphalt excavations.”

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