Massachusetts General Laws

Mass. Gen. Laws ch. 81, § 26 (2026)

Maintenance of ways in small towns

✓ current as of July 2026
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Section 26. There may be expended for the repair and improvement of public ways, other than state highways, in towns having valuations of less than five million dollars, as established by the valuations made for the purpose of apportioning the state tax as appearing in chapter five hundred and fifty-nine of the acts of nineteen hundred and forty-five and in which the proportionate amount paid by such towns of every million dollars of such tax as established and apportioned in said chapter five hundred and fifty-nine, divided by the number of miles of such public ways, hereinafter known as the road mileage ratio, is less than twelve dollars, such sums not exceeding two hundred and fifty dollars per mile as the general court may appropriate therefor; provided, that such towns shall contribute or make available for use in connection therewith the following amounts for each mile of public ways within their respective limits, according to the following schedule based on their road mileage ratio:—

1. Less than one dollar and forty cents, fifteen dollars.

2. One dollar and forty cents and less than two dollars, twenty-five dollars.

3. Two dollars and less than two dollars and eighty cents, forty dollars.

4. Two dollars and eighty cents and less than three dollars and fifty cents, fifty dollars.

5. Three dollars and fifty cents and less than five dollars and fifty cents, seventy-five dollars.

6. Five dollars and fifty cents and less than seven dollars, one hundred dollars.

7. Seven dollars and less than nine dollars, one hundred and twenty-five dollars.

8. Nine dollars and less than twelve dollars, one hundred and fifty dollars.

The amounts appropriated as aforesaid and contributed by the towns shall be expended under the direction of the department of highways on such ways as said department and the selectmen of the towns may agree upon.

The department shall withhold or withdraw the unexpended balance of any funds assigned by it under this section or section twenty-five if the town fails to comply with the official standards for traffic control established by the department or with any provision of a traffic control agreement negotiated between the department and the town, as required by the United States Secretary of Commerce under section 109 of Title 23 of the United States Code.

The cost of snow removal upon such ways in any such town, including amounts paid as rental for trucks and other equipment, and, at hourly rates approved by the department of highways, charges for the use of trucks and other equipment owned by such town, and the cost of sanding such ways in any such town may be paid from the amounts so appropriated and contributed, at the rate of not more than seventy-five dollars per mile.

Notes of Decisions
Cited in 5 cases, 1927–1979 · leading case: Massachusetts Bay Transp. Auth. v. Boston Safe Deposit & Trust Co., 205 N.E.2d 346 (Mass. 1965).
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Massachusetts Bay Transp. Auth. v. Boston Safe Deposit & Trust Co., 205 N.E.2d 346 (Mass. 1965). “It has discretion in making contributions for repairs and improvements of ways in small towns under G. L. c. 81, § 26. Although the town’s share, if the State contributes, is fixed by § 26, the discretion to contribute is in the department on such information from the selectmen…”
Casagrande v. Town Clerk of Harvard, 387 N.E.2d 571 (Mass. 1979). “" The town of Harvard received reimbursement under G.L.c. 81, § 26, for the cost of maintaining Sawyer *706 have previously endorsed, as not requiring approval, plans showing division [5] of parcels bordering on Sawyer Lane.”
Attorney Gen. v. Henry, 159 N.E. 539 (Mass. 1928). “This conclusion is not affected by the factor that the division of highways of the department of public works has general direction over the expenditure *133 of the money to be spent on the public ways of Upton under G. L. c. 81, § 26, already quoted. Whatever may be the precise…”
Ogden v. Selectmen of Freetown, 154 N.E. 555 (Mass. 1927). “There is nothing in the record to indicate that the requirements of G. L. c. 81, §§ 26, 27; Sts. 1921, c. 120; 1922, c.”
Casagrande v. Town Clerk of Harvard, 387 N.E.2d 571 (Mass. 1979). “” The town of Harvard received reimbursement under G. L. c. 81, § 26, for the cost of maintaining Sawyer Lane.”
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