Mass. Gen. Laws » Part I Title XIV Chapter 90
Massachusetts General Laws

Mass. Gen. Laws ch. 90, § 35B (2026)

Structures within airport approaches; permits for erection or addition

✓ current as of July 2026
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Section 35B. No person shall erect or add to the height of any structure within a rectangular area lying fifteen hundred feet on either side of the extended center line of a runway or landing strip of an airport approved by the commission for a distance of two miles from the end of such runway or landing strip so that the height thereof will be more than one hundred and fifty feet above the level of such runway or landing strip, nor, within that portion of such area which is within a distance of three thousand feet from the end of such runway or landing strip, so that the height thereof will be greater than a height above the level of such runway or landing strip determined by the ratio of one foot vertically to every twenty feet horizontally measured from the end of such runway or landing strip, unless a permit therefor has been granted by the commission.

The provisions of this section shall not apply (1) to areas subject to airport approach regulations adopted pursuant to sections forty A to forty I, inclusive, (2) to air approaches to the General Edward Lawrence Logan International Airport, nor (3) to structures which will be thirty feet or less in height above ground.

Notes of Decisions
Cited in 2 cases, 2003–2004 · leading case: Breneman v. United States, 57 Fed. Cl. 571 (Fed. Cl. 2003).
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Breneman v. United States, 57 Fed. Cl. 571 (Fed. Cl. 2003). “The court found standing because plaintiffs had submitted an affidavit indicating that, although pursuant to Mass. Gen. Laws ch. 90 § 35B (1965), the MAC had determined that a permit was not necessary to erect the proposed fence, the MAC had denied plaintiffs’ request for a…”
Breneman v. Massachusetts Aeronautics Comm'n, 17 Mass. L. Rptr. 485 (Mass. Super. Ct. 2004). · cites it 2× “G.L.c. 90, §35B. Thus, at 150 feet the tallest allowed obstruction can only be 7.”
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