Mass. Gen. Laws » Part I Title XIV Chapter 82
Massachusetts General Laws

Mass. Gen. Laws ch. 82, § 40 (2026)

Definitions applicable to Secs. 40A to 40E

✓ current as of July 2026
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Section 40. The following words, as used in this section and sections 40A to 40E, inclusive, shall have the following meanings:—

''Company'', natural gas pipeline company, petroleum or petroleum products pipeline company, public utility company, cable television company, municipal traffic signal department, and municipal utility company or department that supply gas, electricity, telephone, communication or cable television services or private water companies within the city or town where such excavation is to be made.

''Description of excavation location'', such description shall include the name of the city or town, street, way, or route number where appropriate, the name of the streets at the nearest intersection to the excavation, the number of the buildings closest to the excavation or any other description, including landmarks, utility pole numbers or other information which will accurately define the location of the excavation.

''Emergency'', a condition in which the safety of the public is in imminent danger, such as a threat to life or health or where immediate correction is required to maintain or restore essential public utility service.

''Excavation'', an operation for the purpose of movement or removal of earth, rock or the materials in the ground including, but not limited to, digging, blasting, augering, backfilling, test boring, drilling, pile driving, grading, plowing in, hammering, pulling in, jacking in, trenching, tunneling and demolition of structures.

''Excavator'', any entity including, but not limited to, a person, partnership, joint venture, trust, corporation, association, public utility, company or state or local government body which performs excavation operations.

''Marking standards'', the methods by which a company designates its facilities in accordance with standards established by the Common Ground Alliance and the American Public Works Association.

''Non-mechanical means'', excavation using any device or tool manipulated by human power, including air vacuum, air blowing or similar methods of excavation designed to minimize direct contact with utilities.

''Premark'', to delineate the general scope of the excavation or boring on the paved surface of the ground using white paint, or stakes or other suitable white markings on nonpaved surfaces. No premarking shall be acceptable if such marks can reasonably interfere with traffic or pedestrian control or are misleading to the general public. Premarking shall not be required of any continuous excavation that is over 500 feet in length.

''Professional land surveyor'', a professional land surveyor as defined in section 81D of chapter 112.

''Safety zone'', a zone designated on the surface by the use of standard color-coded markings which contains the width of the facilities plus not more than 18 inches on each side.

''Standard color-coded markings'', red - electric power lines, cables, conduit or light cables; yellow - gas, oil, street petroleum, or other gaseous materials; orange - communications cables or conduit, alarm or signal lines; blue - water, irrigation and slurry lines; green - sewer and drain lines; white - premark of proposed excavation.

''System'', the underground plant damage prevention system as defined in section 76D of chapter 164.

Notes of Decisions
Cited in 7 cases, 1973–2018 · leading case: Resendes v. Boston Edison Co., 648 N.E.2d 757 (Mass. App. Ct. 1995).
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Resendes v. Boston Edison Co., 648 N.E.2d 757 (Mass. App. Ct. 1995). · cites it 3× “the defendant until shortly before trial; (2) the judge should have directed a verdict in Boston Edison’s favor because the plaintiff produced no evidence that his injuries were caused by Boston Edison’s actions; (3) the judge should not have excluded from evidence an…”
Worcester Sand & Gravel Co. v. Bd. of Fire Prevention Regulations, 510 N.E.2d 267 (Mass. 1987). · cites it 2× “For all such blasting permitted by this paragraph, reasonable notice, but in no event less than seventy-two (72) hours prior to the proposed blasting, shall be given in writing to the management of the microelectronics operation, except that lesser notice may be given in certain…”
DeFelice Corp. v. Dep't of Pub. Utils., 38 N.E.3d 1040 (Mass. App. Ct. 2015). · cites it 5× “Specifically, the department found that DeFelice’s notification to the call center failed to provide information needed to “accurately define the location” of the excavations as required by G. L. c. 82, § 40. See *546 G. L. c. 82, § 40A.”
Memmolo's Case, 458 N.E.2d 1204 (Mass. App. Ct. 1984). “As previously stated, on the day of the accident, G. L. c. 82, § 40, required Bond, in the absence of an emergency, to give advance (at least forty-eight hours) written notice of the intended excavation work.”
Yukna v. Boston Gas Co., 294 N.E.2d 551 (Mass. App. Ct. 1973). “In accordance with the requirements of G. L. c. 82, § 40, Baker & Co., Inc., by letter dated March 31, 1964, sent *64 notice to the Boston Gas Company and other utilities of its intention to excavate.”
Lobao v. Leahy, 2008 Mass. App. Div. 7 (Mass. Dist. Ct., App. Div. 2008). · cites it 3× “He also correctly notes that the obligations imposed by G.L.c. 82, §40 et seq., the “Dig Safe” Law, do not apply to him.”
Burns v. Defelice Corp., 103 N.E.3d 770 (Mass. App. Ct. 2018). “After an administrative hearing, the Department of Public Utilities (DPU) concluded that the defendants, while performing excavation work with mechanical equipment nearby, violated multiple provisions of the Massachusetts dig safe statute, G. L. c. 82, §§ 40 - 40E, resulting in…”
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