Chapter 90 project eligibility

Chapter 90 funds may only be used for construction on locally owned, or accepted, roadways.

Table of Contents

Overview

Chapter 90 funds may be used for projects and expenditures that create or extend the life of local capital facilities. Projects on private roadways or those otherwise not owned by the municipality (such as those owned by MassDOT) are not eligible for Chapter 90 funding. The specific expenses which are eligible to utilize Chapter 90 funding are set forth by governing legislation through the Massachusetts legislature.

Chapter 90 funds may only be used for construction on locally owned, or accepted, roadways. Local roadway jurisdiction can be viewed using MassDOT’s Road Inventory File Map or as a downloadable table via the Road Inventory Municipal Data Viewer. To request changes or updates to the Road Inventory File, municipalities must use the online Road Inventory Submission Application (RISA) tool.

Construction Activities

Chapter 90 funds can be used for construction, preservation, and improvement projects that create or extend the life of capital facilities. This includes costs for highway projects and pedestrian and bicycle facilities. Chapter 90 funds may only be used on locally owned roads. Operating costs associated with lighting and traffic signals (such as electrical power) and landscaping outside of the roadway are not eligible. All improvements must comply with Manual on Uniform Traffic Control Devices (MUTCD).

List of Construction Activities Eligible for Chapter 90 Funding

Civil

  • ADA accessible ramps
  • Berms and Curbs
  • Bike Lanes (on-road and separated)
  • Drainage
  • Fabric
  • Flex posts
  • Graveling
  • Guardrails
  • Rail Trails
  • Raised Crossings
  • Rip Rap
  • Shoulders
  • Sidewalks
  • Shared Use/Multi-use Paths

Pavement

  • Chip Stone Seal
  • Crack Sealing
  • Full Depth Construction
  • Infrared Repairs (in connection with surface treatments)
  • Microsurfacing
  • Oil and Stone
  • Pug Mill Mix (cold mix)
  • Recycled Aggregate Pavement
  • Resurfacing

Traffic

  • Direction and Warning Signs
  • Pavement Markings
  • Pedestrian Signal Equipment, Rectangular Rapid Flashing Beacons, Pedestrian Hybrid Beacons, and Crosswalks
  • Traffic Signals, Posts, and Mast Arms

Structures

  • Bridges
  • Culverts
  • Footbridges/Pedestrian Bridges
  • Retaining Walls

Other

  • Right of Way Acquisition
  • Street Lighting (excluding operating costs and decorative enhancements)
  • Tree Planting/Landscaping in association with a project

Equipment

Chapter 90 funds may be used for the purchase or long-term lease of road building equipment, machinery, and tools that are specifically related to a Chapter 90 project or benefit Chapter 90 work. Purchased items must remain the property of the municipality. Costs related to the maintenance and storage of the equipment are also eligible but must be specifically related to the purchase. Expenses for the long-term lease of items will be reimbursed once annually.

Equipment and tools used for seasonal and/or general maintenance such as snowplows, ice equipment, and guardrail mowers are not eligible.

List of Equipment Eligible for Chapter 90 Funding

Equipment

  • Air Compressor
  • Asphalt Hot Box
  • Backhoe
  • Berm Machine
  • Catch Basin Cleaner
  • Compactor
  • Concrete Mixer
  • Crack Sealer
  • Crane
  • Draglines or Clam
  • Excavator
  • Generator
  • Grader
  • Gradall
  • Infrared Machine
  • Jackhammer
  • Lab Testing Equipment
  • Loader
  • Pavement Breaker
  • Paver
  • Pump
  • Roller
  • Spreader (for Chip Seal projects)
  • Striper
  • Survey Equipment
  • Sweeper
  • Tractor
  • Trailer
  • Trencher
  • Truck (Minimum 27,000 Pounds)
  • Welder

Consultant Services

Municipalities can use Chapter 90 funding to acquire consultant services to conduct various transportation-related work.

List of Consultant Services Eligible for Chapter 90 Funding

Transportation Engineering Design

  • Civil engineering
  • Traffic counts and analysis
  • Signal design, signal warrant evaluation
  • Right-of-way (ROW) plans and easements
  • Environmental permitting support

Transportation Planning and Analysis

  • Analysis or plans such as Needs Assessments or Road Safety Audits (RSAs)
  • Development, maintenance, and implementation of Pavement and Asset Management Systems

Other

  • Consultant services for inspections and testing
  • Land surveying services

Other

Other expenses may be approved by MassDOT if they will benefit capital transportation assets. Municipalities should confirm eligibility with MassDOT.

List of Other Expenses Eligible for Chapter 90 Funding

Other

  • Garages (construction and additions) for storage of road building equipment
  • Pavement Management Software
  • Parking facilities related to mass transportation (a facility with bus or rail transit services)
  • Salt storage sheds
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