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H 5490

Amendment H.5490

194th Legislature (2025-2026)

Designates DCR to own and maintain most flood-control assets on Town Line/Linden Brooks, and MassDOT to maintain the Cutler Bridge and embedded components, with coordinated inspect

Text of an amendment, see S2967
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Bill Summary · H 5490

Summary of Bill H.5490 (Senate No. 2967) – Massachusetts, 194th General Court

This bill, proposed as an amendment to Senate Bill 2967 and reported by the Ways and Means Committee, would designate ownership, maintenance responsibilities, and operational coordination for flood-control assets related to Town Line Brook and Linden Brook, including the Cutler Bridge area in Revere/Medford? (Note: City references are specified as Malden, Revere, Everett in the bill text). The overarching aim is to clarify custody, maintenance duties, inspection schedules, and inter-agency coordination for flood-prevention assets to ensure proper function and timely repairs.

Main purpose and intent

  • Establish clear ownership and responsibility for flood-control assets in the Town Line Brook and Linden Brook drainage system.
  • Transition or confirm custody and control to the appropriate state agencies (Massachusetts Department of Conservation and Recreation (DCR) and Massachusetts Department of Transportation (MassDOT)) for different components of the system.
  • Ensure regular inspections, routine maintenance, repairs, and emergency repairs are performed and funded, with intergovernmental coordination and transparency.

Key provisions and changes

  • Definitions (Section 1)

    • Defines terms used throughout the act for clarity, including:
    • Appurtenant structures, assets, cutler bridge and its components (including 8 box culverts and trash racks), emergency maintenance/repairs, reconstruction, routine maintenance, tide gate, and flood gate.
    • Specifies thresholds for what constitutes “reconstruction” and “repair” (e.g., more than 30 days disruption, or more than 50% replacement).

  • Handover of responsibilities to DCR (Section 2)

    • All assets, appurtenant structures, and other structures used to control water flow at, into, or out of Town Line Brook or Linden Brook shall be under DCR’s care, custody, and control.
    • Excludes the 8 box culverts and upstream trash racks built into the Cutler Bridge (which remain separate from the assets covered by DCR).
    • DCR duties include inspections, emergency maintenance, routine maintenance, reconstruction, and repairs.
    • DCR must conduct:
    • At least two routine maintenance/inspections per year.
    • Routine maintenance and repairs as needed to ensure proper functioning.
    • DCR bears the costs of routine maintenance, repairs, reconstructions, inspections, and emergency repairs.
    • DCR must report inspection results within 90 days to MDT (MassDOT) and the mayors/presidents of Malden, Revere, and Everett.
    • DCR must notify local officials in writing about maintenance, repairs, or reconstruction.
    • DCR must permit elected officials and staff from Malden, Revere, and Everett to observe inspections and maintenance.

  • Handover of responsibilities to MassDOT for the Cutler Bridge (Section 3)

    • The Cutler Bridge (and associated equipment/attachments necessary for operation, including the 8 box culverts and upstream trash racks) shall be under MassDOT’s care, custody, and control.
    • MassDOT duties include inspections, emergency maintenance, routine maintenance, reconstruction, and repairs.
    • MassDOT must conduct at least two routine maintenance/visual inspections annually and perform required maintenance/repairs.
    • MassDOT bears the costs of maintenance and repairs for the Cutler Bridge and related structures.
    • MassDOT must permit DCR personnel to pass over MassDOT property as necessary to access assets identified in Section 2 for compliance with this act, subject to permitting requirements.
    • DCR coordination with MassDOT to provide access through flood gates for bridge inspections and repairs.

Who would be affected

  • State agencies:

    • Massachusetts Department of Conservation and Recreation (DCR): assumes primary ownership and ongoing maintenance/repair responsibility for most flood-control assets in Town Line Brook and Linden Brook (excluding specified Cutler Bridge components).
    • Massachusetts Department of Transportation (MassDOT): takes custody and maintenance responsibility for the Cutler Bridge and its embedded assets (8 box culverts, trash racks) and coordinates with DCR for access and joint inspections/repairs.

  • Local governments and officials:

    • Cities of Malden, Revere, and Everett are to be notified of inspections, maintenance, repairs, and reconstruction; afforded observation opportunities.

Procedural and timeline aspects

  • Routine inspections/maintenance must occur not less than twice annually.
  • Inspections and maintenance results must be reported to MDOT and the relevant city leaders within 90 days of inspection.
  • Notifications to local officials are required for any maintenance, repair, or reconstruction activity.
  • Access provisions allow cross-agency movement for inspections and work, subject to existing permitting requirements.
  • The act delineates thresholds for what constitutes reconstruction vs. routine maintenance to guide project planning and disruption levels (e.g., more than 30 days disruption triggers reconstruction criteria; replacing more than 50% of an asset triggers reconstruction).

Observations

  • The bill aims to segregate responsibilities: DCR for most flood-control assets along Town Line Brook and Linden Brook; MassDOT for the Cutler Bridge and attached structural components.
  • It emphasizes transparency and public accountability through regular reporting to local officials.
  • It provides for ongoing coordination between DCR and MassDOT, with formal processes for access during inspections and repairs.

If you’d like, I can provide a concise one-page briefing for stakeholders or a side-by-side comparison with current law to highlight the changes.

Compiled from official sources — confirm details with the bill’s official record.

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