COUNTY
ROADS
BASIC INFORMATION:
“County road”
is a designation quite different in Massachusetts than in most of the
country. Here, city and town borders are contiguous, encompassing even
rural agricultural land, and all roads are maintained by either the
state or by the municipality. Nevertheless, some roads are important
to more than one town, so the authority to make changes to those roads
was vested with the regional entity. Those roads were designated “county
roads” and county governments have held title, as well as the
authority to grant easements, takings, relocations, and discontinuances.
In Hampshire County
that authority now rests with the Hampshire Council of Governments (COG),
the successor to the former Hampshire County government. Because some
areas of the state did not establish a successor entity, there are areas
of the state with no regional authority to make changes to county roads.
Legislation to correct that situation is now before the legislature
after a lengthy collaboration by the Hampshire and the Franklin Regional
COGs, the Legislature, the Division of Capital Asset Management, and
the state association of Regional Planning Authorities.
TO DISCONTINUE,
ABANDON, OR RELOCATE A COUNTY ROAD
Only the Hampshire
Council of Governments can discontinue, abandon, or relocate county
roads located in Hampshire County. However, they must first receive
a written petition requesting action; they do not initiate action on
their own motion. The Councilors in turn notify the abutters, advertise
in local newspapers, and post notices in public places of the time and
place for a view and hearing of the road being petitioned. The expenses
are borne by the petitioner requesting a change. For a PDF file of the
procedures, click here: Discontinuing
Town and County Roads by Lynn Rubenstein and Alexandra Dawson.
Important issues
of access and property value are involved in any road action. In addition,
the costs of engineering and survey costs can be substantial. Issues
of access and property value suggest that property owners may wish to
obtain the advice of independent professionals versed in local property
and roads laws.
ARCHIVES OF COUNTY
ROADS RECORDS
Records dating to
the beginnings of Hampshire County in 1662 are maintained in the Council
archives. These include maps of county roads - filed by town, and dockets
of actions - filed by date. The public may search the county records
during the COGs regular business hours. Please note that Council staff
does not perform searches. Indices coordinating the maps and actions
help researchers locate relevant documents.
HIGHWAY INDICES:
Select a town
or city to see details of county highways
Amherst
Belchertown
Chesterfield
Cummington
Easthampton
Enfield
Goshen
Granby
Greenwich
Hadley
Hatfield
Huntington
Middlefield
Northampton
Pelham
Plainfield
Prescott
South Hadley
Southampton
Ware
Westhampton
Williamsburg
Worthington
For
further information, see Discontinuing Town and County Roads by Lynn
Rubinstein and Alexandra Dawson, Esq., 2003, or visit www.mass.gov
for access to the Massachusetts General Laws.