A right of way is any roadway or thoroughfare on which public passage is made and any corridor of land over which facilities such as railroads, pipelines, powerlines, conduits, channels, or communication lines are located. The Rights of Way Management regulations (333 CMR 11) were designed to minimize any potential harmful effects of herbicides used for vegetation control along rights of ways in Massachusetts. The regulations promote the use of an Integrated Pest Management (IPM) approach to vegetation control and aims to protect private wells and environmentally sensitive areas.

The goal of these regulations is to protect the public health and the environment by regulating the use of herbicides in or around sensitive areas along rights of ways. These sensitive areas include private and public water supplies, wetlands and areas where people live, work and gather.

Any company or agency proposing to use an herbicide must use applicators who are certified or licensed by the Department of Agricultural Resources. Industries proposing to clear or maintain ROWs with herbicides submit a five year Vegetation Management Plan (VMP). These plans are subject to review by the Department, an Advisory panel, the public and municipalities. A yearly operational plan is also submitted to the DAR and to municipalities in which proposed herbicide spraying is expected to take place. Final acceptance of these plans is considered only when all concerns and recommendations are addressed.

Forms to register private wells with the ROW program can be downloaded using Adobe Acrobat.

Michael McClean is the  contact person for Rights-of-Way Management. Write to him at: