Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 11.00 - Parkways, Traffic, And Pedestrian Rules › Section 11.07 - Permits - General

Current through Register 1525, July 5, 2024
(1)
General Provisions
.
(a) A duly issued permit from the DCR is a
			 fully revocable license authorizing a permittee to do something otherwise
			 prohibited by the Department.
(b)
			 In a duly issued permit, and subsequent to issuance, the Department may place
			 stipulations on the permitted use including, but not limited to, the type of
			 use, timing, location, duration and volume.
(c) An applicant must comply with any and all
			 terms and conditions contained within a permit. Any act authorized pursuant to
			 a permit may be performed only by the person(s) named therein, and any such
			 authorizations may not be assigned or delegated, except as provided by such
			 permit.
(d) Unless otherwise stated
			 in the permit, a permittee is solely and exclusively responsible for all
			 utility costs including, but not limited to, gas, electricity, heat, telephone,
			 water and sewer.
(e) A permittee
			 must comply, at the permittee's exclusive expense, with all applicable federal,
			 state and local statutes, laws, ordinances, rules, regulations and
			 policies.
(f) A permit does not
			 confer on the permittee any rights in real property.
(g) A permittee may not assign, delegate,
			 sublease, transfer or otherwise dispose of its management responsibilities or
			 of any right, duty, interest or use of the DCR property which is the subject of
			 the permit, except as provided by such permit.
(h) All person(s) requesting a permit must
			 agree, in writing, to indemnify, defend and hold the Commonwealth, the DCR, its
			 employees and agents harmless against all claims relating to or arising out of
			 the use of DCR property and from any claims for personal injury or death or
			 damage to personal property, of whatever kind or nature, arising from the
			 permittee's activities in the permitted area, including, but not limited to,
			 claims arising from the recklessness, negligence or carelessness of the
			 permittee, its contractors, agents, representatives, employees, permittees,
			 licensees, guests and invitees, as authorized therein and claims arising from
			 the permittee's failure to provide adequate security in the permitted area. The
			 Department may also require the permittee to obtain liability insurance with
			 limits of coverage sufficient to support the permittee's obligation to
			 indemnify and hold the Commonwealth and DCR harmless.
(i) The permittee shall agree in writing not
			 to make any claims against the Commonwealth or the DCR for any injury, loss or
			 damage to persons, including, but not limited to, bodily injury or death, or
			 damage to property arising out of or in connection with the actions or
			 omissions of the permittee, its contractors, agents, representatives,
			 employees, permittee, licensees, guests and invitees, as authorized
			 therein.
(j) The permittee shall,
			 in writing, assume all risk in connection with any and all activities engaged
			 in within the permitted area and shall be solely responsible and answerable in
			 damages, and any other equitable remedies, for all accidents or injuries to all
			 persons or property caused by the permittee's activities.
(k) Should it become necessary to enforce the
			 terms of a permit in a court of law or in an administrative proceeding, the
			 permittee shall pay all reasonable attorney's fees.
(l) No person shall use or occupy DCR
			 property or facilities for which a fee or other charge has been established
			 unless the person has first paid such fee or charge, unless otherwise
			 authorized.
(m) In addition to the
			 payment of the prescribed fee, DCR may reasonably require the Permittee to pay
			 the costs for authorized DCR personnel, or to hire appropriate law enforcement
			 personnel.
(n) DCR may limit public
			 access to parkland and other DCR property when a permit has been duly issued
			 for use of parkland or other DCR property.
(o) The Department is authorized to issue
			 special permits to allow the backing of a vehicle to a curb for the purpose of
			 loading or unloading merchandise or materials subject to the terms, conditions,
			 times and dates of such permits. Such permits may be issued either to the owner
			 or lessee of real property or the owner of a vehicle, and shall grant to such
			 person the privilege as therein stated and authorized herein.