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

Mass. Gen. Laws ch. 82, § 40A (2026)

Excavations; notice

✓ current as of July 2026
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Section 40A. No excavator installing a new facility or an addition to an existing facility or the relay or repair of an existing facility shall, except in an emergency, make an excavation, in any public or private way, any company right-of-way or easement or any public or privately owned land or way, unless at least 72 hours, exclusive of Saturdays, Sundays and legal holidays but not more than 30 days before the proposed excavation is to be made, such excavator has premarked not more than 500 feet of the proposed excavation and given an initial notice to the system. Such initial notice shall set forth a description of the excavation location in the manner as herein defined. In addition, such initial notice shall indicate whether any such excavation will involve blasting and, if so, the date and the location at which such blasting is to occur.

Any professional land surveyor working on a preliminary design for a new facility or renovation where excavation is necessary shall: (i) premark the proposed excavation; and (ii) provide initial notice to the system.

The notice requirements shall be waived in an emergency as defined herein; provided, however, that before such excavation begins or during a life-threatening emergency, notification shall be given to the system and the initial point of boring or excavation shall be premarked. The excavator shall ensure that the underground facilities of the utilities in the area of such excavation shall not be damaged or jeopardized.

In no event shall any excavation by blasting take place unless notice thereof, either in the initial notice or a subsequent notice accurately specifying the date and location of such blasting shall have been given and received at least 72 hours in advance, except in the case of an unanticipated obstruction requiring blasting when such notice shall be not less than four hours prior to such blasting. If any such notice cannot be given as aforesaid because of an emergency requiring blasting, it shall be given as soon as may be practicable but before any explosives are discharged.

Notes of Decisions
Cited in 4 cases, 2008–2018 · leading case: DeFelice Corp. v. Dep't of Pub. Utils., 38 N.E.3d 1040 (Mass. App. Ct. 2015).
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DeFelice Corp. v. Dep't of Pub. Utils., 38 N.E.3d 1040 (Mass. App. Ct. 2015). · cites it 9× “As to both the Como Road and Danny Road excavations, the department determined that DeFelice had violated G. L. c. 82, § 40A, which requires an excavator to provide proper advance notice of its planned work to the telephone call center of Dig Safe System, Inc.”
Burns v. Defelice Corp., 103 N.E.3d 770 (Mass. App. Ct. 2018). “As pertinent here, the DPU concluded that (1) the defendants failed to properly inform the dig safe call center of the planned excavation, G. L. c. 82, § 40A ; 4 and (2) failed to take reasonable precautions to avoid damage to underground gas lines during excavation, G.”
Lobao v. Leahy, 2008 Mass. App. Div. 7 (Mass. Dist. Ct., App. Div. 2008). “” See G.L.c. 82, §40A and §40B. Leahy clearly was not an excavator, which is defined as “any entity.”
Verizon New England, Inc. v. Albanese D&S, Inc., 2013 Mass. App. Div. 13 (Mass. Dist. Ct., App. Div. 2013). “82, §40C as “M.G.Lc. 82 §40A.” We find that the technical error in Verizon’s Request for Findings of Fact, included in the trial judge’s adoption of Verizon’s findings, did not affect the judge’s correct understanding and application of the statute.”
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