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Roadway Acceptance Procedure
Attachment NameAttachment SizeAttachment Date
Size: 445K
Last Updated: 2015/4/1
Size: 82K
Last Updated: 2014/1/30
Board of Selectmen
Roadway Acceptance Procedures
Adopted January 14, 2014
Revised March 31, 2015
(link to full text can be found at top of page)

Compliance with the Roadway Acceptance Procedures is the legal and financial responsibility of the applicant. The Roadway Acceptance Procedures are not intended to give legal advice.
The applicant should meet with the Town Planner to review any outstanding issues or missing information with the subdivision and/or file before initiating the Roadway Acceptance procedure.  Applicants should also consult with their own attorney to ensure compliance with the Roadway Acceptance Procedures. The applicant is responsible for ensuring all documents are correct and that the Town boards, departments, and Town Counsel are satisfied with the supplied documentation. Acceptance of a road as a public way involves three (3) steps:

First, the Board of Selectmen must lay out the road as a public way in accordance with the requirements of M.G.L. c. 82, §§21-24, which includes a referral of the layout to the Planning Board for its recommendations in accordance with M.G.L. c. 41, §81I.

Second, Town Meeting must vote to accept a road as a public way.

Third, the Board of Selectmen must acquire by gift, the deed in the road and drainage, water, sewer, utility, access, buffer, and/or other related easements (the “appurtenant easements”) within one hundred twenty (120) days from the close of the Town Meeting at which the road is accepted as a public way.

Compliance with all three (3) steps is necessary for a road to become a public, Town way.


If you are interested in having the Town accept a street layout at either a Spring or Fall Town Meeting (usually held the first week of May or November), contact the Town Planner six (6) months prior to the Town Meeting to discuss any outstanding items left unfinished for your project.  The Town Planner will outline the Roadway Acceptance steps found in the Town of Middleton's Roadway Acceptance Procedures that are necessary to have the Town accept your roadway layout.

It is imperative that applicants, attorneys, and engineers review, understand, and follow these procedures.  Please note the required documents and the deadlines listed in  the Town of Middleton's Roadway Acceptance Procedures in order to eliminate confusion and delay to all parties involved.

Below is an estimated timeline to be followed for Roadway Acceptance - please refer to The Town of Middleton Roadway Acceptance Procedures (link at top of page) for the full text.

Necessary Actions
May                          Town Meeting
November                Town Meeting

Submit Petition to Selectmen


Selectmen vote their "intent to lay out the way."  They refer the petition request to the Planning Board for recommendation.



Warrant Article created

Selectmen notify owners and hold Public Meeting to "adopt order of layout."

Selectmen file signed order of layout, the layout plan, & legal descriptions with Town Clerk.

Late April
Late October

Town Meeting Vote

Applicant submits updated Title Certification within 14 days of Town Meeting

Acquisitions, layout, & Town Meeting vote recorded at S. Essex Registry of Deeds within 120 days of Town Meeting

Early September
Early March
Any remaining balance of fees held for Street Acceptance returned to applicant by Town after receiving proof of recordation