Massachusetts General Laws

Mass. Gen. Laws ch. 266, § 126 (2026)

Natural scenery; penalty for defacement

✓ current as of July 2026

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Section 126. Whoever paints, or puts upon, or in any manner affixes to, any fence, structure, pole, rock or other object which is public property or the property of another, whether within or without the limits of the highway, any words, device, trade mark, advertisement or notice which is not required by law to be posted thereon, without first obtaining the written consent of the municipal or public officer in charge thereof or the owner or tenant of such property, shall, upon complaint of such municipal or public officer, or of such owner or tenant, be punished by a fine of not less than ten nor more than one hundred dollars, and in addition shall forfeit to the use of the public or private owner of such property or the tenant thereof the cost of removing or obliterating such defacement to be recovered in an action of tort. Any word, device, trade mark, advertisement or notice which has been painted, put up or affixed within the limits of a highway in violation of this section shall be considered a public nuisance, and may be forthwith removed or obliterated and abated by any person.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 1995–2026 · leading case: Soto v. City of Cambridge, 193 F. Supp. 3d 61 (D. Mass. 2016).

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Soto v. City of Cambridge, 193 F. Supp. 3d 61 (D. Mass. 2016). · cites it 12× “050 (the “Ordinance”) and Mass. Gen. Laws ch. 266, § 126 (the “Statute”).”

Commonwealth v. Anderson, 651 N.E.2d 1237 (Mass. App. Ct. 1995). “See G. L. c. 266, § 126, as amended by St. 1965, c.”

Commonwealth v. Louis, 119 N.E.3d 355 (Mass. App. Ct. 2018). “265, § 15B ( a ) (count two); defacing property, in violation of G. L. c. 266, § 126 (count three); and two counts of threat to commit a crime, in violation of G.”

Commonwealth v. Dana W. Griffith. (Mass. App. Ct. 2024). “266, § 16; defacing property, G. L. c. 266, § 126; receiving stolen property (over $1200), G.”

Commonwealth v. LeBlanc (Mass. 2026). “269, § 10 (a); and defacing property, in violation of G. L. c. 266, § 126. 2 The Commonwealth also alleged that LeBlanc made a sixth call, not to his spouse but to another person, who said after some discussion that LeBlanc's spouse should recant, and LeBlanc then told that…”

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