Massachusetts General Laws

Mass. Gen. Laws ch. 93, § 29 (2026)

Powers of outdoor advertising board; rules and regulations; permits; hearings

✓ current as of July 2026
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Section 29. The outdoor advertising board, herein and in sections twenty-nine A, thirty A and thirty-one called the board, may make, amend or repeal rules and regulations for the proper control and restriction of billboards, signs and other advertising devices, except as provided in section thirty-two, on public ways or on private property within public view of any highway, public park or reservation. Such rules and regulations may require that said billboards, signs or other devices be located in business, commercial, industrial, marketing or mercantile areas, or on unrestricted commercial arteries and adjacent to commercial enterprises; may prescribe standards of size, setback and clearance, considering the public interest; may require said billboards, signs or other devices to be licensed by the board by the issuance of permits in accordance therewith and with this section; and may prescribe permit fees, to be fixed with regard to the cost of administering this section, and said fees need not be uniform throughout the commonwealth. No permit, whether permanent or temporary, for a billboard, sign or other advertising device shall be issued unless written notice of the application therefor stating the proposed location shall have been given at least thirty days earlier to the city or town in which the proposed billboard, sign or other advertising device is to be located. The board shall delegate to the executive director authority to issue licenses or permits, subject to the provisions of section twenty-nine A, where no objection has been received to the pending application. Except as hereinafter provided, before establishing or amending rules and regulations under this section, the board shall hold duly advertised public hearings in Boston and in such other cities and towns within the commonwealth as it deems necessary or expedient. Cities and towns may further regulate and restrict said billboards, signs or other devices within their respective limits by ordinance or by-law, not inconsistent with sections twenty-nine to thirty-three, inclusive, or with said rules and regulations.

Notes of Decisions
Cited in 18 cases, 1928–2012 · leading case: John Donnelly & Sons, Inc. v. Outdoor Advert. Bd., 339 N.E.2d 709 (Mass. 1975).
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John Donnelly & Sons, Inc. v. Outdoor Advert. Bd., 339 N.E.2d 709 (Mass. 1975). · cites it 6× “” G. L. c. 93, § 29, as appearing in St. 1955, c.”
Massachusetts Bay Transp. Auth. v. City of Somerville, 451 Mass. 80 (Mass. 2008). · cites it 4× “” G. L. c. 93, § 29. The board itself has concluded that the MBTA property in Melrose is neither a public way nor a private facility and the board therefore does not have authority to regulate the advertisements on this property.”
RSA Media, Inc. v. AK Media Grp., Inc., 260 F.3d 10 (1st Cir. 2001). “Mass. Gen. Laws ch. 93 § 29. 3 . In general, outdoor advertisers such as AK and RSA own the billboard structures and the permits to operate those billboards, and negotiate leases with the third party owners of the land on which the billboard sits.”
Inspector of Bldgs. v. Gen. Outdoor Advert. Co., 161 N.E. 899 (Mass. 1928). · cites it 3× “The amendatory act was approved March 17, 1925, and when it took effect G. L. c. 93, §§ 29, 30, coexistent with G.”
John Donnelly & Sons, Inc. v. Outdoor Advert. Bd., 282 N.E.2d 661 (Mass. 1972). · cites it 3× “by-law prohibits the location or maintenance of a billboard . . . which in the absence of . .”
Gen. Outdoor Advert. Co. v. Dep't of Pub. Works, 289 Mass. 149 (Mass. 1935). “(These sections will be used for convenience; they do not differ in substance from earlier enactments governing the present cases; G. L. c. 93, §§ 29, 30, 31, 32, 33; St. 1924, c.”
Bd. of Selectmen v. Outdoor Advert. Bd., 196 N.E.2d 218 (Mass. 1964). · cites it 2× “584, § 3) has purported to issue a permit to one Medeiros pursuant to G. L. c. 93, §§ 29, 29A, and 31 (see amendments by St.”
Town of Milton v. Donnelly, 28 N.E.2d 438 (Mass. 1940). · cites it 2× “The approval of the division of highways was given in accordance with G. L. c. 93, § 29, which in so far as is material provided that: “The division of highways of the department of public works, hereinafter called the division, shall'make and may amend or repeal rules and…”
Maurice Callahan & Sons, Inc. v. Outdoor Advert. Bd., 427 N.E.2d 25 (Mass. App. Ct. 1981). · cites it 2× “2 Under G. L. c. 93, § 29, the town must receive notice of a pending application for a permit at least thirty days before the issuance of a permit.”
Strazzulla v. Bldg. Inspector of Wellesley, 260 N.E.2d 163 (Mass. 1970). “” Part E of § XXIIA authorizes the board to grant a special permit for a sign not complying with the foregoing provisions if it determines that the sign will be in harmony with the general purpose and intent of § XXIIA, arid will not be injurious to the neighborhood or to…”
Gen. Elec. Co. v. Maurice Callahan & Sons, Inc., 309 N.E.2d 209 (Mass. App. Ct. 1974). · cites it 2× “Facts alleged in the bill, which are admitted by stipulation, and additional facts found by the master are as follows: On July 8, 1969, the board voted to amend its regulations pursuant to G. L. c. 93, § 29 (as amended through St.”
Town of Millbury v. Galligon, 359 N.E.2d 936 (Mass. 1977). “Regulation 4 (g) provides: “No permit shall be granted or renewed for the location or maintenance of a Sign within a city or town except where such location or maintenance is in conformity with applicable city and town ordinances and by-laws enacted in accordance with Section 29…”
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