Dumpster diving is not expressly illegal under Massachusetts state law. There is no statewide statute that bans the practice, and, following the 1988 U.S. Supreme Court case California v. Greenwood, trash left for collection is generally considered abandoned and not protected by privacy laws. This means that, in many cases, items discarded in public trash bins or dumpsters are accessible to the public.
However, the legality of dumpster diving in Massachusetts depends largely on property rights and local ordinances. Most dumpsters are located on private property, such as behind businesses, apartment complexes, or restaurants. Entering these areas without permission can be considered trespassing, especially if there are fences, locks, or “No Trespassing” signs posted. If a dumpster is placed on public property, such as at the curb for collection, it is generally legal to access its contents unless local regulations say otherwise.
Some Massachusetts cities and towns, particularly urban areas like Boston, have their own ordinances that may restrict or prohibit dumpster diving due to sanitation or public health concerns. Even where dumpster diving itself is not specifically banned, you could be cited for disorderly conduct or littering if you create a mess or block public pathways while searching through trash. If a property owner or manager asks you to leave and you refuse, you may be charged with trespassing.
Accessing locked or fenced dumpsters is illegal and can result in criminal charges, such as trespassing or breaking and entering. It is important to respect all posted signs and property boundaries. If you are asked to leave by a property owner or law enforcement, you must comply to avoid further legal trouble.
While dumpster diving is not illegal statewide in Massachusetts, it can become unlawful if it involves trespassing, violating local ordinances, or disregarding property rights. To avoid legal issues, it is best to stick to dumpsters on public property, respect all posted signs and barriers, and check local rules before engaging in the activity.
Sources
[1] https://wnaw.com/is-it-legal-to-dumpster-dive-in-massachusetts-2/
[2] https://scrapsafari.com/dumpster-diving-in-massachusetts/
[3] https://freegan.info/what-is-a-freegan/freegan-practices/urban-foraging/diving-and-the-law/
[4] https://en.wikipedia.org/wiki/Dumpster_diving
[5] https://www.findlaw.com/injury/torts-and-personal-injuries/dumpster-diving.html
