Massachusetts General Laws

Mass. Gen. Laws ch. 83, § 10 (2026)

Rules and regulations regarding use and connections

✓ current as of July 2026

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Section 10. A city, town or sewer district may, from time to time, prescribe rules and regulations regarding the use of common sewers to prevent the entrance or discharge therein of any substance which may tend to interfere with the flow of sewage or the proper operation of the sewerage system and the treatment and disposal works, for the connection of estates and buildings with sewers, for the construction, alteration, and use of all connections entering into such sewers, and for the inspection of all materials used therein; and may prescribe civil penalties, not exceeding five thousand dollars for each day of violation of any such rule or regulation. A city, town, sewer district, or a district established for the purpose of managing stormwater, pursuant to section 1A of chapter 40, may from time to time prescribe rules and regulations for the use of main drains and the management of stormwater to prevent the discharge of sediment and pollutants therein which may tend to degrade wetlands, streams, other surface water bodies, and groundwater and to inspect the facilities for the collection and infiltration of stormwater in order to reduce flooding and improve the quality of and decrease the quantity of stormwater runoff; for the connection of estates and buildings with main drains; for the construction, alteration, and use of all connections entering into such main drains; and for the inspection of all materials used therein; and may prescribe civil penalties, not exceeding $5,000 for each day of violation of a rule or regulation. Such rules and regulations shall be published once in a newspaper published in the city or town, if there be any, and if not, then in a newspaper published in the county, and shall include a notice that said rules and regulations shall be available for inspection by the public, and shall not take effect until such publication has been made.

Notes of Decisions

Cited in 4 cases, 1980–2005 · leading case: Fluharty v. Bd. of Selectmen, 382 Mass. 14 (Mass. 1980).

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Fluharty v. Bd. of Selectmen, 382 Mass. 14 (Mass. 1980). · cites it 2× “The main issue presented by these appeals is whether the board of sewer commissioners of a town has authority under G. L. c. 83, § 10, to require a property owner to connect a building to a common sewer.”

Abbott v. Bd. of Water & Sewer Commissioners, 664 N.E.2d 1204 (Mass. App. Ct. 1996). “83, § 3, governs connections to common sewers, and not to private lines that may be connected to public sewers, unless those lines have received municipal approval under the authority of G.”

Lemansky v. Charlton Water & Sewer Comm'n, 20 Mass. L. Rptr. 363 (Mass. Super. Ct. 2005). · cites it 2× “As defendants note, the flaw in this argument is that the legislative use of the term “regulation” presupposes action by an executive body such as the Commission rather than by the Town itself, which would only act via “by-law,” a point recognized by the use of that term…”

Anglo Fabrics Co. v. Town of Webster, 15 Mass. L. Rptr. 233 (Mass. Super. Ct. 2002). “The regulations were published in the Webster Times on September 30, 1987 in compliance with M.G.L.c. 83, §10, andbytheir own terms, became effective 10 days later, or October 9, 1987.”

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