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

Mass. Gen. Laws ch. 90, § 39 (2026)

Aeronautics commission; powers; rules and regulations

✓ current as of July 2026
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Section 39. The commission shall have general supervision and control over aeronautics.

The commission may provide air transportation for state agencies and officials, provided said agencies or officials pay to the commission the charge established for such service. Said charge shall be set by the commission to equal the hourly operative cost of fuel, hangaring, maintenance, labor, parts, aircraft crew overtime and expenses associated with each flight operation, and the replacement of aircraft equipment. Receipts shall be paid into the state treasury and kept in a separate account and may be expended without further appropriation, for the purposes aforesaid.

Subject to the approval of the governor, the commission may represent the commonwealth in matters relative to aeronautics before boards, commissions, departments or other agencies of the federal government and other states and international conferences, and before committees of the Congress of the United States.

For the purpose of carrying out the provisions of sections thirty-five to fifty-two, inclusive, and for the purpose of protecting and insuring the general public interests and safety, and the safety of persons receiving instructions concerning, or operating or using, aircraft and of persons and property being transported in aircraft, and for the purpose of developing and promoting aeronautics within the commonwealth, the commission may perform such acts, may issue and amend such orders and may with the approval of the governor and council, make and amend such reasonable general or special rules and regulations as it deems necessary; provided, however, that such rules and regulations shall not be inconsistent with, or contrary to, any act of the Congress of the United States relating to aeronautics or any regulations promulgated or standards established pursuant thereto. No rule or regulation of the commission shall apply to airports, restricted landing areas, or air navigation facilities owned or operated by the United States within the commonwealth.

Notes of Decisions
Cited in 5 cases, 1998–2018 · leading case: Breneman v. United States Ex Rel. Fed. Aviation Admin., 381 F.3d 33 (1st Cir. 2004).
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Breneman v. United States Ex Rel. Fed. Aviation Admin., 381 F.3d 33 (1st Cir. 2004). “See Mass. Gen. Laws ch. 90, § 39 . Concluding that the MAC is entitled to Eleventh Amendment immunity, we affirm the district court’s dismissal'of the Brenemans’ claims.”
Hanlon v. Town of Sheffield, 50 N.E.3d 443 (Mass. App. Ct. 2016). · cites it 2× “For example, G. L. c. 90, § 39, as appearing in St. 1948, c.”
Breneman v. Massachusetts Aeronautics Comm'n, 17 Mass. L. Rptr. 485 (Mass. Super. Ct. 2004). · cites it 7× “The source of MAC’s authority to promulgate regulations is G.L.c. 90, §39. It states in pertinent part that MAC is authorized to: “make and amend such reasonably general or special rules and regulations as it deems necessary.”
Roma, III, Ltd. v. Bd. of Appeals of Rockport (Mass. 2018). · cites it 2× “"Aeronautics" is defined to include, among other things, "transportation by aircraft; the operation . .”
Pearson v. Town of Plymouth, 694 N.E.2d 18 (Mass. App. Ct. 1998). · cites it 2× “Under G. L. c. 90, § 39, the commission “shall have general supervision and control over aeronautics.”
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