A Boston City Council committee on Oct. 15, 2026, took testimony on a proposed ordinance that would change how the city fills potholes on private ways, the hundreds of streets in Boston that are open to the public but owned by abutting property owners. The Committee on Government Operations heard Docket #0807, sponsored by Councilors Brian Worrell and Erin Murphy, and took no vote, according to a Zonewire summary of the hearing.
What the private ways ordinance would do
The city’s public notice describes Docket #0807 as an “Ordinance to Address Private Way Potholes.” It was referred to committee on April 15, 2026, and the hearing was held virtually at 10 a.m.
Zonewire’s summary says the proposal would add asphalt as a permitted material for temporary repairs and have the Public Works Department fill potholes on private ways automatically. When the measure was filed in April, Universal Hub reported that Public Works would fill the holes with asphalt only after property owners agreed to pay half the cost. The full ordinance text was not part of the hearing materials reviewed for this report.
Current rules for Boston private ways
State law, Chapter 40, Section 6N, lets cities set temporary-repair rules for private ways by ordinance, including the type of repairs, how many abutters must petition, whether betterment charges apply and how long a way must have been open to the public.
Boston’s version is Section 11-6.22 of the city code. Under it:
- The city makes temporary repairs on private ways that have been open to public use for six years or more, after a petition signed by owners of at least 50% of the abutting parcels.
- Temporary repairs are at city expense but are limited to filling holes “with sand, gravel, cinders or other suitable materials.” They do not include resurfacing.
- Resurfacing or permanent patching can be arranged at the request of a majority of abutters on a shared-cost basis, with owners assessed half the cost. Owners may pay in cash or through betterments spread over several years.
The sponsors’ stated case
When Worrell, a Dorchester councilor, introduced the measure in April, he said private-way residents “pay the same rate of taxes as everyone else” and should get the same level of pothole repair, according to Universal Hub. He also said material such as dirt or gravel can wash away quickly, the outlet reported.
Murphy, an at-large councilor, supported the proposal and said “we really need to have a bigger conversation” about whether the city should keep private ways at all, Universal Hub reported. The outlet also noted that Councilor Enrique Pepén proposed studying ways to help private-way residents pay for repairs two years earlier, and that effort did not advance.
What was raised at the hearing
Zonewire’s summary lists testimony from Public Works Superintendent Daniel Nee on limits set by state law and on the Public Improvement Commission betterment process, the route by which a private way can be improved and accepted as a public street. Five councilors, one city staff member and six members of the public spoke during the 1 hour, 41 minute hearing, according to Zonewire. No committee report or vote has been scheduled.
Because the docket is an ordinance, it would need a committee report and a vote of the full City Council before it could become law. Any change would also have to fit inside the framework set by Section 6N.
What comes next
The Government Operations Committee can hold more hearings or working sessions, amend the text or report the docket back to the full council. Residents can send written comments to the committee at ccc.go@boston.gov, which the city says become part of the record. For recent council business, see our recap of the Oct. 7 Boston City Council meeting and our report on the council’s property tax assessments hearing.
Featured photo: MassDOT crew repairing a pothole in Boston, April 9, 2014, by MassDOT, public domain, via Wikimedia Commons. The photo shows a state road crew, not the private ways covered by the ordinance.
Sources
- Boston.gov: City Council Committee on Government Operations Hearing on Docket #0807
- Zonewire: Boston Oct. 15, 2026, hearing on private way pothole ordinance
- Universal Hub: Councilor wants city to help fill potholes on hundreds of private ways in Boston
- Boston Municipal Code, Section 11-6.22: Temporary Repairs on Private Ways
- Massachusetts General Laws, Chapter 40, Section 6N
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