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

Mass. Gen. Laws ch. 82, § 40B (2026)

Designation of location of underground facilities

✓ current as of July 2026
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Section 40B. Within 72 hours, exclusive of Saturdays, Sundays and legal holidays, from the time the initial notice is received by the system or at such time as the company and the excavator or professional land surveyor agree, such company shall respond to the initial notice or subsequent notice by designating the location of the underground facilities within 15 feet in any direction of the premarking so that the existing facilities are to be found within a safety zone. Such safety zone shall be so designated by the use of standard color-coded markings. The providing of such designation by the company shall constitute prima facie evidence of an exercise of reasonable precaution by the company as required by this section; provided, however, that in the event that the excavator or professional land surveyor has given notice as aforesaid at a location at which because of the length of excavation the company cannot reasonably designate the entire location of its facilities within such 72 hour period, then such excavator or professional land surveyor shall identify for the company that portion of the excavation which is to be first made and the company shall designate the location of its facilities in such portion within 72 hours and shall designate the location of its facilities in the remaining portion of the location within a reasonable time thereafter. When an emergency notification has been given to the system, the company shall make every attempt to designate its facilities as promptly as possible. A company shall conduct periodic audits to ensure: (i) the accuracy of the designated location and marking of its facilities; and (ii) its adherence to marking standards.

Notes of Decisions
Cited in 2 cases, 2015–2018 · 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). “See G. L. c. 82, § 40B; 220 Code Mass. Regs. § 99.”
Burns v. Defelice Corp., 103 N.E.3d 770 (Mass. App. Ct. 2018). “See G. L. c. 82, § 40B. We are not persuaded by the defendants' argument that the plaintiffs waived their objections to the jury instructions by failing to object after the instructions were given.”
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