Mass. Gen. Laws » Part I Title VII Chapter 43B
Massachusetts General Laws

Mass. Gen. Laws ch. 43B, § 13 (2026)

Exercise of powers and functions by municipalities

✓ current as of July 2026
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Section 13. Any city or town may, by the adoption, amendment or repeal of local ordinances or by-laws, exercise any power or function which the general court has power to confer upon it, which is not inconsistent with the constitution or laws enacted by the general court in conformity with powers reserved to the general court by section 8 of Article LXXXIX of the Amendments to the Constitution and which is not denied, either expressly or by clear implication, to the city or town by its charter. Whenever appropriations, appointments, orders, regulations or other legislative or executive actions within the scope of any such ordinance or by-law are necessary in the exercise of any power or function authorized by such ordinance or by-law, any such actions which are to be taken by a city council or town meeting may be taken by ordinance, by-law, resolution, order or vote, and any such actions which are to be taken by executive officers may be taken in any appropriate manner, subject, however, as to both such categories, to all provisions of the ordinance or by-law in question, the city or town charter, and other applicable law. Any requirement that an ordinance or by-law be entitled as such, or that it contain the word ''ordained,'' ''enacted'' or words of similar import shall not affect the validity of any action which is required to be taken by ordinance or by-law. Nothing in this section shall be construed to permit any city or town, by ordinance or by-law, to exercise any power or function which is inconsistent with any general law enacted by the general court before November eighth, nineteen hundred and sixty-six which applies alike to all cities, or to all towns, or to all cities and towns, or to a class of not fewer than two. No exercise of a power or function denied to the city or town, expressly or by clear implication, by special laws having the force of a charter under section nine of said Article, and no change in the composition, mode of election or appointment, or terms of office of the legislative body, the mayor or city manager or the board of selectmen or town manager, may be accomplished by by-law or ordinance. Such special laws may be made inapplicable, and such changes may be accomplished, only under procedures for the adoption, revision or amendment of a charter under this chapter.

Notes of Decisions
Cited in 29 cases (1 in the last 5 years), 1973–2024 · leading case: Bloom v. City of Worcester, 293 N.E.2d 268 (Mass. 1973).
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Bloom v. City of Worcester, 293 N.E.2d 268 (Mass. 1973). · cites it 3× “See G. L. c. 43B, § 13. See also 1967 Senate Doe.”
City of Revere v. Aucella, 338 N.E.2d 816 (Mass. 1975). · cites it 4× “89, § 6, and the Home Rule Procedures Act, G.L.c. 43B, § 13, and is not on its face inconsistent with our Constitution or laws.”
Connors v. City of Boston, 430 Mass. 31 (Mass. 1999). · cites it 3× “89, § 6, of the Amendments to the Massachusetts Constitution, and G. L. c. 43B, § 13. 3 We conclude that it is, and that an interlocutory order to that effect entered by a judge in the Superior Court is correct.”
Doe v. City of Lynn, 36 N.E.3d 18 (Mass. 2015). · cites it 2× “89, § 6, of the Amendments to the Massachusetts Constitution, and the Home Rule Procedures Act, G. L. c. 43B, § 13. The plaintiffs, who represent a certified class of sex offenders subject to the ordinance, challenged the constitutionality of the ordinance on various grounds.”
Bd. of Appeals of Hanover v. Hous. Appeals Comm., 294 N.E.2d 393 (Mass. 1973). “14 G. L. c. 43B, § 13 (inserted by St. 1966, c.”
Take Five Vending, Ltd. v. Town of Provincetown, 615 N.E.2d 576 (Mass. 1993). “G. L. c. 43B, § 13 (1984 ed.) (Home Rule Procedures Act).”
St. George Greek Orthodox Cathedral of W. Massachusetts, Inc. v. Fire Dep't, 967 N.E.2d 127 (Mass. 2012). “” See G. L. c. 43B, § 13 (Home Rule Procedures Act).”
Town of Wendell v. Attorney Gen., 476 N.E.2d 585 (Mass. 1985). “See also the Home Rule Procedures Act, G. L. c. 43B, § 13. Under § 6 of the Home Rule Amendment (and § 13 of the Home Rule Procedures Act), a city or town may adopt local ordinances or by-laws to exercise “any power or function which the general court has power to confer upon…”
Massachusetts Council of Constr. Employers, Inc. v. Mayor of Boston, 425 N.E.2d 346 (Mass. 1981). “Are the residency aspects of Executive Order invalid under Section 6 or Section 7(5) of Article 89 of the amendments to the Constitution of Massachusetts, and/or G. L. c. 43B, § 13 (the Home Rule Procedures Act)? “8.”
Boston Gas Co. v. City of Somerville, 652 N.E.2d 132 (Mass. 1995). “89, § 6; G. L. c. 43B, § 13 (1992 ed.). To determine whether a local ordinance is inconsistent with a statute, this court has looked to see whether there was either an express legislative intent to forbid local activity on the same subject or whether the local regulation would…”
Easthampton Sav. Bank v. City of Springfield, 21 N.E.3d 922 (Mass. 2014). “See also G. L. c. 43B, § 13 (Home Rules Procedures Act).”
Easthampton Sav. Bank v. City of Springfield, 874 F. Supp. 2d 25 (D. Mass. 2012). “Mass. Gen. Laws ch. 43B, § 13. In determining whether a local ordinance is inconsistent with state law, Massachusetts courts give “considerable latitude” to the municipality and will only invalidate the law if there is a “sharp conflict” between the ordinance and a state statute.”
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