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Lakeville adopts excavation and trench‑safety bylaw to comply with state rules; residents ask about scope and fees
Summary
Town Meeting adopted a new excavation and trench safety bylaw to conform with 520 CMR 14 after extended public questioning about when permits and fees would apply and what safety measures the statute requires.
Lakeville voters on Dec. 8 adopted a new bylaw establishing excavation and trench safety procedures to conform with state regulations (referencing the trench‑safety requirements under 520 CMR 14). The bylaw assigns permitting responsibility to different town officials depending on the location and nature of the excavation: the superintendent of streets for public‑way excavations, the Board of Health for septic system installations, and the building commissioner for qualifying private‑way excavations; the Board of Selectmen may set fees.
Several residents asked for clarification about when a permit would be required. Town officials and a legal representative explained that the regulation defines a trench as a subsurface excavation more than 3 feet deep (and 15 feet or less between soil walls, measured at the bottom) and that the bylaw implements statutory safety requirements intended to prevent trench collapses. Speakers referenced a fatality in a nearby town as the impetus for the state requirement. A resident who performs percolation tests asked how the bylaw applies to short‑lived test pits; town counsel and officials replied that permits would still be required if the excavation meets the statutory definition, though practitioners said many test pits are refilled promptly and that the practical application will be monitored.
The finance committee noted the statute effectively imposes an unfunded mandate. Town counsel said the state expects uniformity in fees across permitting authorities, so Selectmen would establish a single fee structure. After discussion the moderator called for a majority vote and declared the bylaw passed by majority vote.
Why this matters: the bylaw codifies safety standards for excavations and assigns permitting duties to town officials; it implements an unfunded state requirement designed to reduce the risk of trench collapse and related fatalities. Residents who regularly dig test pits asked for practical guidance and for the timing and fee schedule for permits; Selectmen and town staff will develop fees and administrative processes.
