reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132 - Forestry › Section 41 - State Forestry Committee; Members; Forest Cutting Practices and Guidelines

Section 41. The governor shall appoint a state forestry committee, to consist of eight members representing, respectively: forest land owners; primary woodusing industries; licensed timber harvesters; consulting foresters; environmental organizations; water supply agencies; fisheries and wildlife; and one member representing the public at large. The director of the division of forests and parks, hereinafter referred to as the director, shall be an ex officio member of the committee and shall vote only in case of a tie.
In the initial appointments of said committee members, three shall be appointed for a one year term, three for a two year term, and two for a three year term. Thereafter, as the term of a committee member expires, his successor, with like qualifications as his predecessor, shall be appointed for a term of three years. Said committee shall select its own chairman. The members of said committee shall serve without pay, but shall be reimbursed for actual travelling expenses within the commonwealth, when approved by said director.
The state forestry committee, with recommendations of such other advisory committees as the director in his discretion may appoint, shall prepare tentative minimum forest cutting practices and guidelines. Before recommending any forest practices, said committee shall hold hearings, with due notice being given, in conformance with chapter thirty A, in at least three places conveniently located throughout the commonwealth. Said committee may thereafter recommend such practices or modifications thereof and submit them to the director of forests and parks. Said director shall, subject to the approval by the commissioner of environmental management, thereupon adopt the practices and place them in effect, by posting in all city and town halls in the region affected and by publication in at least one daily newspaper in every county affected. Such approved practices may be amended at any time by said committee in the same manner, on its own motion or upon the petition of not less than twenty-five forest owners or licensed timber harvesters of the commonwealth or upon petition of any person authorized under section four of chapter thirty A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132 - Forestry › Section 42 - Notice of Proposed Cutting of Forest Products; Final Work Order; Report to Director; Appeals

Section 42. Every owner of land who proposes to cut forest products on land devoted to forest purposes, or to cause such products to be cut, except as provided in section forty-four, shall send in accordance with guidelines posted by the department written notice of his intention to begin any cutting operation to the abutters of record on file with the assessors of the town in which the land lies, and whose closest boundary is within two hundred feet of the edge of the cutting area, at least ten days prior to operations; and shall send in accordance with guidelines posted by the department, written notice of his intention to begin any cutting operation, and his proposed cutting operation, and his proposed cutting plan, including information as may be necessary to describe such proposed activity, to the director or his agent at the appropriate regional office and to the conservation commission of the town in which the land lies at least ten days prior to operations; and in the case of classified forest land, the owner shall provide a reasonable estimate on the stumpage value of the forest products to be cut and properly paint or blaze any boundaries located within fifty feet of the cutting area.
No work may commence until a final work order, with a designated file number, is issued to the landowner by said director or his agent except as hereinafter provided.
The licensed timber harvester shall have a copy of the final work order on the site whenever work is done, for inspection by the director or his agent, who shall give final approval or disapproval to the operation and report in writing to said director the nature of the operation, its extent, the amount of product cut, and such other information as said director may require.
In the event that the director, or his agent, does not act on the notice of intent within the designated ten days from day of receipt of the notice, work may commence, except in wetland areas as defined in section forty of chapter one hundred and thirty-one, in conformity with the submitted plan, provided the licensed timber harvester shall have a copy of the submitted plan on the site of the operation whenever work is done.
An applicant landowner or licensed timber harvester who is aggrieved by any decision of the director or his agent may appeal said decision within ten days of receipt of the decision to the director or his designee who shall act as hearing officer and will hold an informal hearing within ten days and render his written decision to said aggrieved party within five days of the hearing. An applicant landowner or licensed timber harvester further aggrieved by the decision of the director may appeal said decision within thirty days to the superior court.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132 - Forestry › Section 43 - Forest Cutting Practices; Failure to Give Notice

Section 43. Whoever, not being exempt from section forty-two and forty-three under the provisions of section forty-four, fails to give notice and a written plan, to said director or his agent as provided by said section forty-two, or whoever, either as land or stumpage owner or independent contractor fails to follow the plan of operations approved or not disapproved by said director or his agent shall be punished by a fine of not more than one hundred dollars for each acre of land on which cutting occurred in violation of, or in the absence of, said plan and final work order except as provided by section forty-two. The director or his agent is hereby authorized to issue a stop order to shut down immediately any operation that fails to meet the law or regulations until such deficiency is corrected to the satisfaction of the director's agent, or if not corrected, until the director holds a hearing relative to revocation of the harvester's license as provided in section forty-six.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132 - Forestry › Section 44 - Forest Cutting Practices; Exempted Cuttings

Section 44. The provisions of sections forty-two and forty-three shall not apply to (1) cutting by an owner or tenant of any forest product for his own noncommercial use; (2) cutting or sale of such products by any owner to an amount not exceeding twenty-five thousand board feet or fifty cords on any parcel of land at any one time; (3) cutting for clearance or maintenance on rights of way pertaining to public utilities and public highways; (4) clearing land for building or for purposes of cultivation or (5) maintenance cutting in pastures.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132 - Forestry › Section 45 - Forest Cutting Practices; Cooperation With Other Agencies; Passage Through or Over Private Property

Section 45. For the purpose of sections forty to forty-four, inclusive, said director may cooperate with the University of Massachusetts, the United States Forest Service, and any other appropriate public or private organization and may authorize their employees to perform the duties outlined in section forty-two, subject to the approval of the director. The members of said committee, the director, his agents and other designated persons may in the performance of their duties under said sections pass through or over private property.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132 - Forestry › Section 46 - License to Harvest Forest Products

Section 46. No person, firm or corporation engaged in the business of harvesting timber or other forest products for hire or profit shall cut such products on land devoted to forest purposes and for purposes not exempted by section forty-four without first obtaining a license to do so from the director who is hereby authorized to issue such licenses, and to withhold or revoke such licenses after hearing for failure to comply with sections forty-two to forty-six, inclusive. Applicants shall demonstrate general familiarity with the laws of the commonwealth that concern timber harvesting and provide the director such reasonable information as he may require concerning the amount and type of forest products cut by him during the previous year. The fee for the issuance of such license, which shall expire on June thirtieth of each year, shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof. Each licensed timber harvester shall, upon request, be provided with a copy of current laws and regulations concerning timber harvesting in the commonwealth.
Whoever violates any provision of this section shall be punished by a fine of not more than five hundred dollars for each violation. The superior court shall have jurisdiction in equity to enforce the provisions of sections forty-two to forty-six, inclusive, and remedy any violations thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132 - Forestry › Section 47 - Licensing of Foresters; Definitions Applicable to Secs. 47 to 50

Section 47. As used in sections forty-seven to fifty, inclusive, the following words shall have the following meanings, unless the context clearly requires otherwise:—
''Forestry'', the science, the art and the practice of conserving and managing for human benefit the natural resources, including trees, other plants, animals, soil and water, that occur on and in association with forest lands.
''Practice of forestry'', any professional services requiring the application of forestry principles and techniques. Such services shall include, but not be limited to, forest inventory, forest management planning, timber appraisal, the responsibility for the direction and supervision of silvicultural activities, use and protection of forested areas, and the evaluation of the economic and biological consequences of forest management activities.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132 - Forestry › Section 48 - Licensing of Foresters; Violations; Penalty

Section 48. No person shall hold himself out as a forester and engage in the practice of forestry in the commonwealth unless he is licensed in accordance with section forty-nine.
A person who violates the provisions of this section or who fraudulently obtains or attempts to obtain such license or continues to practice forestry after suspension, expiration or revocation of his license, shall be punished by a fine of not less than five hundred nor more than one thousand dollars for each such violation. The superior court shall have jurisdiction to enforce the provisions of this section and to remedy any violation thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132 - Forestry › Section 49 - Licenses of Foresters; Revocation; Suspension; Fees

Section 49. The director of the division of forests and parks shall promulgate rules and regulations hereunder, and shall issue licenses to persons to engage in the practice of forestry in accordance with such rules and regulations. Said director may revoke or suspend such license, if after hearing, he determines that any licensed forester has engaged in fraud, negligence, incompetence or misconduct in the practice of forestry. Licenses issued by said director shall expire annually on the anniversary date of the license granted for said forester. The fee for the issuance of such license shall be determined annually by the secretary of administration under the provisions of section three B of chapter seven, and such fees shall defray the entire cost of the administration of sections forty-seven to fifty, inclusive.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District › Section 1 - Bequests, Restitutions or Gifts; Conservation Trust

Section 1. The commissioner of the department of environmental management, hereinafter referred to in this chapter as the commissioner, may receive and hold in trust on behalf of the commonwealth, exempt from taxation, bequests, restitutions or gifts to be used for the purpose of advancing the recreational and conservation interests of the commonwealth and shall administer the same in such manner as to carry out the terms of such bequests, restitutions or gifts, and he may accept on behalf of the commonwealth gifts of land outside the urban park district to be held and managed for recreational and conservation purposes.
Said trust properties shall be known as the Conservation Trust and shall be used and expended under the direction of the commissioner and subject to his orders. Subject to the term of such grant, restitution, gift, devise or bequest, the commissioner may expend such funds, whether principal or income, without further appropriation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District › Section 1c - Bureau of Forest Fire Control; Bureau of Forestry; Bureau of Recreation; Chiefs

Section 1C. There shall be in the division of forests and parks a bureau of forest fire control under the direction and control of a chief fire warden, a bureau of forestry under the direction and control of a chief forester and a bureau of recreation under the direction and control of a chief of recreation. The director of the division of forests and parks shall, subject to the approval of the commissioner, appoint for a term of five years, outside the provisions of chapter thirty-one, the chief of recreation, who shall be qualified by training and experience to administer the duties of his office. With like approval he may remove the chiefs of the several bureaus.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District › Section 1e - Duties of Bureau of Recreation; Expenses

Section 1E. The bureau of recreation shall perform such duties as the director, with the approval of the commissioner, may require, and shall be responsible for such other duties pertaining to administration and management of recreation areas as are now vested in the division of parks and recreation by the general laws or any special laws.
Expenses incurred by the bureau relating to the improvement, development and operation of recreation areas and appurtenant facilities shall be construed as chargeable under the provisions of chapter one hundred and thirty-two A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District › Section 1f - Duties of Bureau of Forestry

Section 1F. The bureau of forestry shall, under the supervision of the director, with the approval of the commissioner perform such duties as respects forest management practices, reforestation, development of forest or wooded areas under the control of the department, making them in perpetuity income producing and improving such wooded areas. It shall be responsible for such other duties as are now vested in the division of forestry by the general laws or any special laws and shall be responsible for shade tree management, arboricultural service and insect suppression of public nuisances as defined in section eleven of chapter one hundred and thirty-two, subject to the approval of the director and, notwithstanding the provisions of any general or special law to the contrary, the bureau may require all tree spraying or other treatment performed by other departments, agencies or political subdivisions to be carried out under its direction. The bureau may promulgate rules and regulations to carry out its duties and powers. It shall assume the responsibilities of section one A of chapter one hundred and thirty-two and shall be responsible for such other duties as are not otherwise vested in the division of forestry; provided, however, that all personnel of the forest, fire, shade tree and pest control units in their respective collective bargaining units at the time of this consolidation to the bureau of forestry shall remain in their respective collective bargaining units.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District › Section 1g - Absence or Disability of Chiefs

Section 1G. The director may designate any employee of the division to supervise any of the bureaus during the absence or disability of the chief thereof, and they shall have all the powers required to administer such bureaus, provisions in the general laws to the contrary notwithstanding.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District › Section 1h - Duties of Director of the Division of State Parks and Recreation

Section 1H. The director of the division of state parks and recreation shall devote his whole time during business hours to the work of the division and shall be responsible for the performance of the functions of the division as specified by law. Each subdivision or section of the division shall be under his direction, control and supervision. The director may appoint and remove such officials and employees as the work of the division may require and may from time to time assign to such officials and employees such duties as the work of the division may require, subject to chapters 30 and 31, except as provided by chapter 583 of the acts of 1947.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District › Section 2 - Assumption of Care and Maintenance of Park or Reservation Outside Urban Park District

Section 2. The commissioner, with like approval, on petition of any board or commission charged with the care and maintenance of any park or reservation owned by the commonwealth outside of the urban parks district, with the approval of the county commissioners of the county or counties wherein such park or reservation is situated, except in cases where said county commissioners are the petitioners, may, on behalf of the commonwealth and acting through the division of state parks and recreation in the department of conservation and recreation, in sections three to nine, inclusive, called the division, assume the care and maintenance of such park or reservation, and thereafter shall expend for the care and maintenance thereof such sums as may be appropriated therefor.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District › Section 2a - Long-Term Programs; Powers of Commissioner

Section 2A. The commissioner is hereby authorized and directed to establish a long-term program of state parks, state forest recreation areas and state reservations, and for such purpose may improve areas now under the control of the department of environmental management and acquire adequate land and water areas for said facilities and approaches thereto. The commissioner may accept from other public or private organizations existing areas in public use.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District › Section 2b - Nature of Use of Acquired Lands

Section 2B. It is hereby declared to be the policy of the commonwealth that all such sites acquired or developed by the commissioner shall in so far as practicable be preserved in their natural state; that they shall be in so far as possible collectively self-supporting; and that no commercial activities except those essential to the quiet enjoyment of the facilities by the people shall be permitted.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District › Section 2c - Planning, Construction and Maintenance

Section 2C. The planning, construction, operation and maintenance of the facilities acquired or developed under section two A shall be under the jurisdiction of the commissioner. In the preparation of plans of said facilities, the commissioner shall have the advice and assistance of the department of highways, the department of public health and the department of commerce.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District › Section 2d - Development and Improvement; Powers of Commissioner

Section 2D. In the development and improvement of state parks, state forest recreation areas and state reservations, the commissioner is hereby authorized and empowered:—(1) To acquire, plan, construct, maintain and operate public recreational facilities, including roads, areas for parking, picknicking and camping, provisions for swimming, wading, boating, outdoor games, winter sports, horseback riding, bicycling and hiking trails, nature study, rest areas, outlooks, comfort stations, food accommodations and such other facilities as the commissioner deems necessary and desirable and consistent with the policy of the commonwealth, as set forth in section two B.
(2) To impose and collect such charges and fees for the use of the lands, buildings, facilities and equipment enumerated in subdivision (1) as may be necessary to defray in so far as practicable the cost of such developments and improvements, including costs of maintenance and operation and bond amortization and interest and to revise said fees and charges from time to time. A disabled veteran, a Purple Heart recipient or a handicapped person whose vehicle bears the distinctive type number plate authorized by section two of chapter ninety shall not be required to pay the charges or fees imposed under the provisions of this subdivision. The commissioner may also offer discounts or waive charges or fees for parking passes for veterans as defined in section 6A of chapter 115.
(3) To designate such areas as may be used in season for hunting and fishing.
(4) To effect improvements at public recreation facilities, including improvements through the commonwealth's shared energy savings program and to expend, without further appropriation, monies received as a result of the improvements from a trust for facilities, the costs associated with said improvements, including contingency costs authorized under section forty-three F of chapter seven. The department shall develop and submit to the secretary of administration and finance and the house and senate committees on ways and means an analysis of all expenditures from said trust on or before each September first for the prior fiscal year.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District › Section 3 - Purchase or Lease of Land Lying Outside of Urban Parks District; Recreational Facilities

Section 3. The commissioner may, from time to time within the limits of appropriations made therefor, acquire for the commonwealth, by eminent domain under chapter seventy-nine or by purchase, lease or otherwise, any lands suitable for purposes of conservation or recreation lying outside of the urban parks district, and may lay out and maintain such lands for such purposes and erect and maintain such structures and other facilities thereon as may be necessary to render such lands reasonably available and accessible therefor; provided, however, that no land held in trust for public use shall be taken by eminent domain. The commissioner may, with the approval of the governor and council, sell or exchange any land acquired under this section which in his judgment can no longer be advantageously used for purposes of recreation or held for purposes of conservation. He may, with like approval, authorize the construction and maintenance, on any land under control of the department and outside the urban parks district, of towers, poles, wires, pipes, and structures necessary for the purpose of transmitting electric power or intelligence by electricity, and may grant an easement over such land for such purposes. He may, at any time, sell such wood, timber or other product of the lands controlled by the division as the economical management of said lands may require.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District › Section 3a - Eminent Domain; Exercise of Power

Section 3A. The exercise of the power of eminent domain under the provisions of section three shall be subject to the approval of the stewardship council, and the board of selectmen in any town in which is located any land proposed to be taken by eminent domain. If such board of selectmen fails to approve or disapprove such proposed taking within thirty days after receipt of written notice thereof from the commissioner, such board shall be deemed to have approved thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District › Section 7 - Rules and Regulations; Concessions; Powers and Duties of Forest Supervisors, Park Superintendents and Laborers

Section 7. The commissioner, in consultation with the director of the division, may make rules and regulations for the government and use of all property under the control of the division, including all roads and highways wholly or in part within the boundaries of such property, including rules and regulations relative to hunting and fishing, except in great ponds not inconsistent with the laws protecting fish, birds and mammals. Such rules and regulations may also provide for the payment of fees and other charges for the parking of vehicles and for the enjoyment of other special privileges within the territory under such control. The commissioner shall cause such rules and regulations to be posted in the territory to which they apply. The sworn certificate of the director of the division that the same have so been posted shall be prima facie evidence thereof. Violation of such a rule or regulation shall be punished by a fine not exceeding twenty dollars. The commissioner may grant concessions for the sale of refreshments and other articles and the furnishing of services within any such territory.
Forest supervisors, park superintendents and laborers employed by the division, while employed in state forests, state parks or reservations, including roads and highways, shall, within the limits of said forests, parks or reservations, except great ponds, have and exercise all the powers and duties of constables, except service of civil process, and of police officers, if so authorized in writing by the commissioner.
The enforcement officers of the office of law enforcement shall, within the limits of such forests, parks or reservations, including roads and highways, except great ponds, have and exercise all the powers and duties of constables and of police officers except service of civil process.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District › Section 7b - Stolen, Lost, or Abandoned Property

Section 7B. If money, goods or other property which has been stolen, lost, abandoned or taken from a person under arrest comes into the possession of an employee of the division by virtue of his office or employment, he shall deliver the same to the person designated by the division to receive the same, and he shall then be relieved from further responsibility.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District › Section 7c - Sale by Public Auction

Section 7C. If no person proves ownership of such money, goods or other property within 6 months, the division may cause the goods or other property excepting money unclaimed, to be sold at public auction at a place and time and by a person as the division may designate.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District › Section 7e - Sale of Property, if Perishable or Liable to Deteriorate

Section 7E. The property, if perishable or liable to deteriorate greatly in value by keeping, or the value of which will probably be less than the expense of keeping, may be sold at public auction at a place and at a time within 6 months and by a person as the division may designate, notice of the time and place of sale as the division may consider reasonable and proper first being given.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District › Section 7g - Payment to Owner

Section 7G. If within 2 years after the sale the owner claims the property and proves ownership to the satisfaction of the division, the amount of the unclaimed money or the proceeds of the sale of the property, after deducting reasonable expenses, shall be paid to him by the state treasurer out of the special account, without appropriation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District › Section 8 - Assistance of Director to Boards and Commissions

Section 8. The director shall, in an advisory capacity, assist boards and commissions charged with the care and maintenance of parks or reservations owned by the commonwealth outside of the urban parks district, which are not placed under the care and control of the division.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District › Section 11 - Conservation Program for Cities and Towns; Establishment

Section 11. The secretary of environmental affairs shall establish a program to assist the cities and towns, which have established conservation commissions under section eight C of chapter forty, in acquiring lands and in planning or designing suitable public outdoor facilities as described in sections two B and two D. He may, from funds appropriated to carry out the provisions of section three, reimburse any such city or town for any money expended by it in establishing an approved project under said program in such amount as he shall determine to be equitable in consideration of anticipated benefits from such project, but in no event shall the amount of such reimbursement exceed eighty per cent of the cost of such project. No reimbursement shall be made hereunder to a city or town unless a project application is filed by such city or town with the secretary setting forth such plans and information as the secretary may require and approved by him, nor until such city or town shall have appropriated, transferred from available funds or have voted to expend from its conservation fund, under clause fifty-one of section five of chapter forty, an amount equal to the total cost of the project, nor until the project has been completed, to the satisfaction of the secretary, in accordance with said approved plans. Any reimbursement received by a city or town under this section shall be applied to the payment of indebtedness, if any, incurred in acquiring land for such conservation project.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District › Section 11 1/2 - Conservation Program for Nonprofit Corporations; Establishment

Section 111/2. The secretary of environmental affairs shall establish a grant program to assist nonprofit corporations, formed for 1 of the purposes described in section 4 of chapter 180, and provided that the corporations are exempt organizations within the meaning of 18 U.S.C. section 501(c)(3), in acquiring interests in lands suitable for purposes of conservation or recreation. Said secretary may reimburse any such corporation for any money expended by it in establishing an approved project under the program in such amount as he shall determine to be equitable in consideration of anticipated benefits from the project. In no event shall the amount of such reimbursement exceed 50 per cent of the cost of the project. No reimbursement shall be made under this section to a corporation unless a project application is filed by the corporation with the secretary setting forth such plans and information as the secretary may require and the application is approved by him, nor until such corporation shall have certified, in a manner approved by the secretary, its ability to provide an amount equal to the total cost of the project nor until the project has been completed to the satisfaction of the secretary in accordance with the approved plans. All projects shall include the corporation granting an appropriate perpetual conservation restriction, within the meaning of sections 31 and 32 of chapter 184, to the city or town in which the project is located, to be managed by either its conservation or recreation commission, or a state agency, or both. All projects shall provide appropriate public access as determined by the secretary. The secretary may promulgate rules and regulations to carry out this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District › Section 12 - Appalachian Trail

Section 12. The commissioner on behalf of the commonwealth may acquire by purchase, gift, eminent domain or otherwise such land, including rights-of-way and easements for the purpose of protecting or enhancing scenic beauty, as he may deem necessary to establish, protect and develop a trail across the commonwealth between the Connecticut and Vermont state line to be known as the Appalachian Trail, and he may provide shelters and other facilities thereon; provided, however, that the power of eminent domain shall not be utilized to acquire a strip of land bordering said trail no greater than two hundred feet in overall width. Any department or agency of the commonwealth or any political subdivision, district or authority may transfer to the department land or rights in land for said purposes on such terms and conditions as may be agreed upon, or may enter into an agreement with the commissioner providing for the establishment and protection of said trail. The Appalachian Trail shall be held, developed and administered under this chapter primarily as a footpath and the natural scenic beauty thereof shall be preserved insofar as is practicable; provided, however, that the commissioner may permit other uses of the trail and land acquired hereunder, by the owner of adjoining land or others, in such manner and at such seasons as will not substantially interfere with the primary use of the trail. Nothing in this section shall be construed to limit the right of the public to pass over existing public roads which may be or become part of the trail, nor prevent the department from performing such work as is necessary for the purpose of forest fire prevention and control, insect pest and disease control and the removal of damage caused by natural disaster. The commissioner may grant temporary or permanent rights-of-way across lands acquired under this section under such terms and conditions as he may deem advisable. The commissioner may enter into cooperative agreements with agencies of the federal government or with private organizations to provide for the maintenance of the trail. No person who has granted a right-of-way for said trail across his land, or his successor in title, shall be liable to any user of the trail for injuries suffered on said right-of-way unless the injuries are caused by his willful or wanton misconduct. Expenses authorized under this section, including the acquisition of land or easements therein, awards of damages, surveying and mapping, and the cost of development and construction, and expenses incidental thereto, may be paid out of funds heretofore or hereafter made available for the purposes of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District › Section 12c - Regulations; Integration of Act With Other Programs and Agencies

Section 12C. Unless otherwise specified in this chapter, the office shall promulgate such regulations as it deems necessary for the implementation, administration and enforcement of the act. The office shall integrate its implementation, administration and enforcement of the act with other programs and agencies responsible for the protection of the public health, safety, welfare and the environment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District › Section 14 - Care, Control, and Protection of Sanctuaries

Section 14. All ocean sanctuaries as described in section thirteen shall be under the care, oversight and control of the office and shall be protected from any exploitation, development, or activity that would significantly alter or otherwise endanger the ecology or the appearance of the ocean, the seabed, or subsoil thereof, or the Cape Cod National Seashore.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District › Section 15 - Prohibited Activities in Ocean Sanctuaries

Section 15. Except as otherwise provided in this section, the following activities shall be prohibited in an ocean sanctuary:
(1) the building of any structure on the seabed or under the subsoil;
(2) the construction or operation of offshore or floating electric generating stations, except: (a) on an emergency and temporary basis for the supply of energy when the electric generating station is otherwise consistent with an ocean management plan; or (b) for appropriate-scale renewable energy facilities, as defined by an ocean management plan promulgated pursuant to section 4C of chapter 21A, in areas other than the Cape Cod Ocean Sanctuary; provided, however, that (i) the renewable energy facility is otherwise consistent with an ocean management plan; (ii) siting of all such facilities shall take into account all relevant factors, including but not limited to, protection of the public trust, compatibility with existing uses, proximity to the shoreline, appropriateness of technology and scale, environmental protection, public safety and community benefit; and (iii) in municipalities where regional planning agencies have regulatory authority, a regional planning agency shall define the appropriate scale of offshore renewable energy facilities and review such facilities as developments of regional impact, and the applicant may seek review of the regional planning agency's development of regional impact determination, but not its determination of appropriate scale, pursuant to the authority of the energy facilities siting board to issue certificates of environmental impact and public interest pursuant to sections 69K to 69O, inclusive, of chapter 164;
(3) the drilling or removal of any sand, gravel or other minerals, gases or oils;
(4) the dumping or discharge of commercial, municipal, domestic or industrial wastes; provided, however, that the department may approve a new or modified discharge of municipal wastewater from a POTW in accordance with section 16G;
(5) commercial advertising; or
(6) the incineration of solid waste or refuse on, or in, vessels moored or afloat within the boundaries of an ocean sanctuary.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District › Section 16g - Publicly Owned Treatment Works; New or Modified Discharge Into Ocean Sanctuaries; Prerequisites

Section 16G. The department may approve a new or modified discharge of wastewater from a POTW to an ocean sanctuary only if clauses 1 through 10, inclusive, are met.
(1) The new or modified discharge shall be consistent with the intent and purpose of the act. Any discharge shall meet the water quality standards of the receiving water body and the standards of the act to protect the appearance, ecology and marine resources of the waters of the sanctuary.
(2) The new or modified discharge shall meet the United States Environmental Protection Agency's approved TMDL, if any, on the receiving water body.
(3) The applicant shall have adopted and implemented a plan approved by the department requiring the pretreatment of all commercial and industrial wastes discharged to the POTW.
(4) The applicant shall have adopted and implemented a program for water conservation according to the guidelines established by the water resources commission.
(5) The applicant shall have adopted and implemented a plan, approved by the department, to control and minimize inflow and infiltration.
(6) The applicant shall have adopted and implemented a plan, approved by the department, to control any combined sewer overflows.
(7) The new or modified discharge shall not significantly affect the quality or quantity of existing or proposed water supplies by reducing ground or surface water replenishment.
(8) The new or modified discharge is consistent with the policies and plans of the Massachusetts coastal zone management program.
(9) The new or modified discharge and treatment plans are consistent with all applicable federal, state and local laws, ordinances, by-laws, rules and regulations protecting the environment, including but not limited to, the requirements of chapters 21, 91, 130 and 131.
(10) The proposed discharge and outfall structure will not adversely impact marine fisheries or interfere with fishing grounds or the normal operation of fishing vessels.
In addition to meeting the requirements in clauses 1 through 10, inclusive, new discharges in the Cape and Islands Ocean Sanctuary, the Cape Cod Ocean Sanctuary and the Cape Cod Bay Ocean Sanctuary shall receive advanced treatment, disinfection and such other treatment to remove nutrients, pathogens or other pollutants to avoid degradation of the ecology, appearance and marine resources of the designated sanctuary and to meet water quality standards and any applicable TMDLs. Chlorinated disinfection shall not occur unless it is followed by dechlorination prior to discharge.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District › Section 16h - Discharges Within Estuaries or Coastal Embayments

Section 16H. Discharges may occur within estuaries or coastal embayments from facilities designed to abate existing discharges exclusively from combined sewer overflows, where such facilities have been approved by the division of water pollution control and where such existing discharges from combined sewer overflows degrade or threaten to degrade the designated ocean sanctuary. Nothing in this chapter is intended to alter the effect of the previous exemptions granted under chapter 120 of the acts of 1981 and chapter 369 of the acts of 1984.
The seaward boundary of the Plymouth–Kingston Duxbury coastal embayment shall be a line between Gurnet Point and Rocky Point; provided, however, that no discharge may be authorized in a depth of water which at mean low tide is less than 30 feet.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District › Section 16i - New or Modified Discharge Into Ocean Sanctuaries; Application Requirements

Section 16I. An application for a new or modified discharge shall, at a minimum, include:
(1) a final CWMP approved by the department and a final environmental impact report and certificate;
(2) an evaluation of the receiving water body, including a benthic survey and fish habitat evaluation;
(3) a minimum of 24 months of baseline nutrient related water quality monitoring;
(4) development of a site specific hydrodynamic model illustrating tides, bathymetry, mixing zones and seasonal variations; and
(5) a hydrologic evaluation of the aquifer, including evaluation of the effects of the new or modified discharge on the recharge of the affected aquifer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 132a - State Recreation Areas Outside of the Metropolitan Parks District › Section 16j - New or Modified Discharge Into Ocean Sanctuaries; Notice; Hearing; Decision; Effective Date

Section 16J. Upon receipt of an application for a new or modified discharge, the department shall provide public notice, an opportunity for comment and shall hold a public hearing on the application. Individual notice shall be provided to all municipalities bordering the affected sanctuary. Following the public hearing, the department shall prepare a proposed final decision and provide public notice of the proposed final decision, including individual notice to any person commenting on the application and to all municipalities bordering the affected sanctuary. The proposed final decision shall take effect within 30 days of the public notice unless any person aggrieved by the decision requests an adjudicatory hearing prior to the expiration of the 30 days. Following an adjudicatory hearing, the commissioner of environmental protection shall make the final decision and provide notice to all parties. The final decision shall take effect within 30 days, unless an appeal is taken under section 14 of chapter 30A prior to the expiration of the 30 days.