Bill H.2358

SECTION 1. Section 6N of chapter 40 of the General Laws is hereby amended by adding the following paragraph:-

(a) Notwithstanding any general or special law to the contrary, municipalities may appropriate and expend public funds for the maintenance, repair, and improvement of private roads when the following conditions are met:

(1) The private road serves a minimum of 100 residential properties that contribute property tax revenue to the municipality.

(2) The private road is the primary or sole access for the properties served.

(3) The private road has historical significance or longstanding ties to the municipality, such as having been part of the town’s infrastructure prior to a significant geographical change or reconstruction.

(4) The private road is not maintained by a developer or private entity under an agreement or covenant requiring such maintenance.

(b) Municipalities opting to provide such services shall adopt a bylaw or ordinance specifying the conditions, scope, and process for the maintenance or repair of private roads, including limitations on expenditures and the types of services provided.

SECTION 2.  Municipalities providing maintenance for private roads under this act shall report annually to the Massachusetts Department of Revenue on the expenditures and the number of properties served. Such reports shall ensure transparency and compliance with the intent of this act.

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