Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 12.00 - Parks And Recreation Rules › Section 12.17 - Permits

Current through Register 1525, July 5, 2024
(1)
General Provisions
.
(a) In a duly issued permit, and subsequent
			 to issuance, the DCR may place stipulations on the permitted use, including,
			 but not limited to, the type of use, timing, location, duration and
			 volume.
(b) No permit will have a
			 duration greater than five years, unless otherwise authorized by law.
(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 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) receiving
			 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 DCR 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 an administrative proceeding or in a court of competent
			 jurisdiction, the permittee shall pay all reasonable attorney's fees.
(l) No person shall use or occupy DCR
			 property 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
			 DCR personnel, or to hire appropriate law enforcement personnel.
(n) DCR may limit public access to DCR
			 property when a permit has been duly issued for use of DCR property.