Code of Massachusetts Regulations › 946 CMR - MASSACHUSETTS DEVELOPMENT FINANCE AGENCY › Title 946 CMR 4.00 - Devens Regional Enterprise Zone: General Provisions › Section 4.18 - Excavation, Removal, Disturbance of Items

Current through Register 1525, July 5, 2024
(1) The purpose
			 of 946 CMR 4.18 is to maintain
			 the public safety, health, and welfare of the residents of and visitors to
			 Devens by proscribing activities that may disturb or otherwise lead to the
			 exposure of dangerous or potentially dangerous items from the lands or waters
			 of Devens. As a former military installation of the United States, munitions
			 and explosives of concern (MEC), including unexploded ordnance (UXO) (as
			 defined in 10 U.S.C.
			 101(e)(5) ), discarded
			 military munitions (DMM) (as defined in
			 10 U.S.C.
			 2710(e)(2) or munitions
			 constituents (MC) (e.g., TNT, cyclotrimethylenetrinitramine (RDX)) (as defined
			 in 10 U.S.C.
			 2710(e)(3) ), present in
			 high enough concentrations to pose an explosive hazard (DESR 6055.09)), have
			 been, and continue to be, found in Devens. The Agency, in addition to other
			 entities of competent jurisdiction, have posted educational signage around
			 Devens explaining what UXO and MEC are and how to identify it in various public
			 locations around Devens. Emergency disposal teams have been dispatched to
			 respond to recovered MEC in Devens which were determined to pose an explosive
			 hazard to the public, and the Agency has determined that there is a substantial
			 risk that such unauthorized recovery activity or attempts to recover MEC may
			 continue if not regulated.
(2)
			 Unless authorized by the Agency, or another entity of competent jurisdiction
			 with notice to the Agency, no person shall excavate, disturb, dislodge,
			 retrieve, take possession of or dispose of, or attempt to excavate, disturb or
			 dislodge, retrieve, take possession or dispose of any manmade item or portion
			 thereof from any lands or waters of Devens. The foregoing prohibition shall not
			 apply to activities conducted by an owner (or his or her agent) of a
			 privately-owned residential parcel on said parcel; provided, however that such
			 activities are being conducted in accordance with the Agency's Devens Soil
			 Management Policy as amended from time to time and available at:
http://www.devensec.com/development/Devens_Soil_Mgmt_and_UXO_Policies_and_Procedures.pdf
.
For the purposes of
				946
				CMR 4.18(2), "attempt" shall
				include the use of "metal detectors" or any device utilizing magnetic,
				electromagnetic, SONAR or ground penetrating radar energy to detect or locate
				unseen or submerged metallic objects.
(3) The activity known as "magnet fishing",
			 in which a magnetic device is used to retrieve items from a body of water or
			 watercourse is expressly prohibited. Use of any equipment including, but not
			 limited to, dredging equipment, grappling hooks or equipment used for dragging
			 or trawling, that may remove, retrieve or otherwise dislodge any manmade object
			 from a body of water or land underlying a body of water is prohibited. These
			 prohibitions shall not apply to common recreational fishing poles and
			 associated tackle.