reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 12.00 - Parks And Recreation Rules › Section 12.12 - Rules of Conduct on DCR Properties - Trails

Current through Register 1525, July 5, 2024
(1)
			 All non-motorized trail uses shall be permitted on any DCR trail, including a
			 forest trail, forest way, trail or rail trail unless posted closed with
			 appropriate signage, or otherwise prohibited by regulation or law.
(2) The use of bicycles, electric bicycles
			 and other means of transportation, including in-line skates, scooters,
			 skateboards and similar equipment, may be prohibited in specific areas and at
			 specific times at particular DCR properties, and may be communicated through
			 postings, signs, or markings.
(3)
			 Motorized conveyances are prohibited on improved or natural surface DCR trails
			 unless such trails are designated for such conveyances by the Department or
			 allowed by a duly authorized DCR permit.
(4) The use of electric bicycles is
			 prohibited on sidewalks and on improved or natural surface trails, regardless
			 of trail width or other conditions, except that Class 1 electric bicycles are
			 permitted as follows:
(a) on improved DCR
			 trails of eight feet in width or greater;
(b) in places where vehicular traffic is
			 permitted and bicycles are not otherwise prohibited; and
(c) in bicycle lanes on DCR
			 roadways.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 12.00 - Parks And Recreation Rules › Section 12.14 - Rules of Conduct on DCR Properties - Recreational Vehicles

Current through Register 1525, July 5, 2024
(1) No person shall operate a snow vehicle or
			 recreation vehicle on DCR property except on forest ways, forest trails, or
			 other areas specifically designated and marked by the Department for snow
			 vehicle or recreation vehicle use, or as otherwise authorized in writing by
			 DCR.
(2) No person shall operate a
			 snow vehicle upon DCR property unless the designated trail or use area is
			 completely covered with a minimum of four inches of hard packed snow on land or
			 five inches of ice on water bodies. An operator of a snow vehicle entering onto
			 DCR frozen waters shall assume all responsibility in undertaking such activity
			 on DCR property. In areas which are open to use by snow vehicles, driving of
			 such vehicles on unmaintained DCR roads will be allowed, unless:
(a) DCR posts specific areas as restricted
			 access areas; or
(b) Such access to
			 unplowed areas is prohibited by other law or regulation.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 12.00 - Parks And Recreation Rules › Section 12.18 - Variance

Current through Register 1525, July 5, 2024
(1)
General
. DCR recognizes that the literal application
			 of
			 302 CMR
			 12.00 to all persons and activities may impose
			 significant hardships in individual situations, frustrate the underlying
			 legislative and regulatory purposes, or adversely affect the public interest.
			 Therefore, in the exercise of the Department's discretion and upon a proper and
			 timely demonstration, a variance from the application of specific provisions of
			 302 CMR
			 12.00, other than those that embody statutory
			 requirements, may be available in an individual case to a person whose
			 activities are governed by them.
(2)
Required
			 Demonstration
. A variance request shall include, at a minimum, the
			 following information demonstrating, to the Department's satisfaction, that:
(a) compliance with the provision would, on
			 the basis of conditions unique to the applicant's particular situation, impose
			 unreasonable economic, technological or safety burdens on the applicant or the
			 public;
(b) substitute measures
			 will provide the same or greater degree of protection to public health, safety
			 and the environment as the application of the regulation(s) from which a
			 variance is requested; and
(c) the
			 desired relief may be granted without substantial detriment to the public
			 interest and without nullifying or substantially derogating from the intent of
			 302 CMR
			 12.00.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 12.00 - Parks And Recreation Rules › Section 12.19 - Revocation of Permits

Current through Register 1525, July 5, 2024
(1) All DCR permits
			 are considered licenses, do not convey an interest in property, and are
			 revocable at will.
(2) Any
			 violation of a permit by its holder, its agents, employees, contractors or
			 guests of any term or condition therein shall constitute grounds for its
			 suspension or revocation by the Department, which action therein shall be
			 final.
(3) In case of revocation of
			 any permit, all monies paid for or on account thereof shall, at the option of
			 the Department, be retained by the DCR. Neither such retention by the DCR of
			 the whole nor any part of such monies nor the recovery or collection thereby of
			 such damages, including claims against any bond, or both, shall in any manner
			 relieve such person(s) from civil liability or from criminal liability for
			 violation of any other state or local law, ordinance, rule or order and the
			 permittee, together with its contractors, agents, representatives, employees,
			 licensees, guests and invitees who violated said term(s) or condition(s) shall
			 be jointly and severally liable to the Commonwealth for all damages or loss
			 suffered by the Department in excess of such monies retained.
(4) Within ten calendar days of revocation or
			 termination, the permittee shall restore the DCR property that was the subject
			 of the permit to a condition satisfactory to the Department.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 12.00 - Parks And Recreation Rules › Section 12.20 - Violations and Enforcement

Current through Register 1525, July 5, 2024
(1) Any person
			 who by his or her actions violates any provision of
			 302 CMR
			 12.00, or any person who fails to comply with any
			 reasonable request of DCR personnel or a law enforcement official, may be
			 denied admittance to a DCR property, and may be subject to fine, eviction,
			 banning or a combination of those penalties.
(2) DCR Rangers, other DCR personnel and
			 other law enforcement officers are authorized to issue citations for violations
			 of all DCR regulations including, without limitation,
			 302 CMR 11.00:
Parkways, Traffic, and Pedestrian Rules
and
			 302 CMR
			 12.00.
(3)
Ban
.
(a) A person may
			 be banned from DCR property upon written notification from the Division
			 Director. Such notification shall provide for an opportunity for a hearing in
			 accordance with M.G.L. c. 30A.
(b)
			 A ban shall be for a period not to exceed one year.
(c) A person who has been duly banned from
			 DCR property is subject to arrest and prosecution if such person violates the
			 ban.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 12.00 - Parks And Recreation Rules › Section 12.21 - Appeals

Current through Register 1525, July 5, 2024
A party who is aggrieved by a DCR decision may appeal such
				decision in writing within 30 days. Appeals to DCR decisions will be conducted
				in accordance with M.G.L. c. 30A and
				801 CMR 1.00:
Standard
				Adjudicatory Rules of Practice and Procedure.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 12.00 - Parks And Recreation Rules › Section 12.22 - Rates and Fees

Current through Register 1525, July 5, 2024
Rates and fees for the use of and access to DCR properties can
				be found at
				801 CMR
				4.02:
Fees for Licenses, Permits, and
				Services to Be Charged by State Agencies.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 14.00 - Conduct Of The Business Of Debt Collectors And Loan Servicers › Section 14.01 - Authority, Purpose and Regulation Review

Current through Register 1525, July 5, 2024
(1)
			 Authority. The Commissioner of the Department of Conservation and Recreation,
			 promulgates
			 302 CMR 14.00 pursuant to the
			 authority granted under M.G.L. c. 132, s.s. 47 through 50.
(2) Purpose. M.G.L. c. 132, s.s. 47 through
			 50 requires the licensing of foresters. The purpose of
			 302 CMR 14.00 is to:
(a) protect forest landowners by insuring
			 that individuals offering professional forestry services meet minimum
			 requirements of education, experience and professionalism; and,
(b) assure a minimum standard of care for the
			 Commonwealth's forests and associated natural resources.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 14.00 - Conduct Of The Business Of Debt Collectors And Loan Servicers › Section 14.02 - Definitions

Current through Register 1525, July 5, 2024
Director
means the Director of the
				Division of State Parks and Recreation, Department of Conservation and
				Recreation, or his or her designee.
Experience of a Professional Nature
means forest management planning and decision-making which requires the
				integration of biological, social, and economic information over a multi-year
				time frame to meet objectives of a forest landowner, and, for credit purposes,
				shall have been substantially of a full-time nature.
Experience of a Technical Nature
means
				forestry work in which the individual is responsible for implementing a forest
				management action or activity, and, for credit purposes, shall have been
				substantially of a full-time nature.
Forestry
means 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.
Licensed Forester
means one who has
				obtained a Massachusetts license to practice forestry under the provisions of
				302 CMR 14.00 as promulgated
				pursuant to M.G.L. c. 132, s.s. 47 through 50.
Practice of Forestry
means any
				professional services requiring the application of forestry principles and
				techniques including, but not 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.
Professional Services
means practice
				of forestry services offered to forest landowners or their agents but not to
				one's own lands or those of immediate family.
Revoke
means to annul, void, cancel or
				take back a license to practice forestry.
Society of American Foresters or SAF
means the national professional forestry organization which, by an act of
				Congress, is the only body authorized to accredit programs offering a
				bachelor's degree in forestry.
Suspend
means to temporarily withdraw
				a license to practice forestry for a specified period of
				time.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 14.00 - Conduct Of The Business Of Debt Collectors And Loan Servicers › Section 14.03 - Forester Licensing Board

Current through Register 1525, July 5, 2024
(1)
Composition
. The Director of State Parks and
			 Recreation shall appoint as his or her agent a five member Forester Licensing
			 Board "FLB" for the purposes of assisting and advising him or her in the
			 administration of M.G.L. c. 132, s.s. 47 through 50 and
			 302 CMR 14.00. One member
			 shall be an employee of a federal, state, or a municipal government agency; one
			 member shall be a licensed forester employed in the private sector; one member
			 shall be employed as a faculty member of a college or university in a forest
			 resources or natural resources management program; one member shall be a
			 landowner of classified forest land; and, one member shall be a representative
			 of an environmental organization, a land trust, or a consumer group. Four of
			 the members shall have the qualifications necessary to obtain a license to
			 practice forestry in Massachusetts as defined in,
			 302 CMR 14.00, two of whom
			 shall be Licensed Foresters.
(2)
Terms
. At the time the FLB is initially appointed, the
			 Director of State Parks and Recreation shall appoint two members for one-year
			 terms, two members for two-year terms, and one member for a three-year term.
			 Subsequent appointments shall be for three-year terms. No member shall be
			 appointed for more than two consecutive full terms.
(3)
Responsibilities
. The FLB shall assist and advise the
			 Director of State Parks and Recreation by performing the following
			 responsibilities:
(a) examining the
			 credentials of all first time applicants to become a Licensed Forester, and
			 recommending to the Director the names of those deemed by the FLB to be
			 qualified or not qualified for such license;
(b) reviewing, upon the request of the
			 Director, the credentials of individuals applying for renewal of a license to
			 practice forestry in the Commonwealth, and recommending to the Director the
			 names of all those deemed by the FLB to be eligible or ineligible;
(c) assisting and advising the Director in
			 implementing disciplinary and investigatory proceedings as described in
			 302
			 CMR 14.05; and,
(d) maintaining a written record of any
			 deliberations and decisions reached at each meeting.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 14.00 - Conduct Of The Business Of Debt Collectors And Loan Servicers › Section 14.04 - License, Application and Requirements

Current through Register 1525, July 5, 2024
(1)
License Required
. As of June 30, 1999, no person shall
			 hold him or herself out as a forester and engage in the practice of forestry in
			 the Commonwealth, unless licensed in accordance with 302 CMR 14.04. A license
			 shall not be required for persons who provide services in their capacity as
			 tree wardens, arborists, utility foresters and urban foresters, and other like
			 practices. If, however, these persons engage in the practice of forestry as
			 defined in
			 302 CMR 14.02, and
			 hold themselves out as foresters, they are required to have a Forester
			 License.
(2)
Education
			 and Experience Requirement
. To become a Licensed Forester, an
			 applicant shall demonstrate an understanding of the following core subject
			 areas of forestry as they apply to forestry in Massachusetts: Forest
			 Biology/Ecology; Forest Resource Measurements; forest Resource Management,
			 including silviculture and timber harvesting; and, Forest Resource Policy and
			 Administration. Not less than one year of work of a professional or technical
			 nature must occur within the three years preceding the date of license
			 application. The minimum education and experience requirements for a Licensed
			 Forester shall be:
(a) Successful completion
			 of a Bachelors of Science (BS) degree from a SAF-accredited professional
			 forestry degree program, or a program approved by the Director of State Parks,
			 and which included courses in each of the following areas:
1. Forest Biology/Ecology;
2. Forest Resource Measurements;
3. Forest Resource Management including, but
			 not limited to, silviculture and timber harvesting; and
4. Forest Resource Policy and Administration;
plus three years of forestry work experience of a character
				that prepared the applicant to practice forestry competently. At least two of
				the three years of work experience must be experience of a professional nature,
				and up to one year may be work experience of a technical nature provided that
				not less than one year of work of a professional or technical nature must occur
				within the three years preceding the date of license application; or
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 14.00 - Conduct Of The Business Of Debt Collectors And Loan Servicers › Section 14.05 - Disciplinary Actions by the Director of State Parks and Recreation

Current through Register 1525, July 5, 2024
(1)
Revocation/Suspension
. The Director of State Parks and
			 Recreation may revoke or suspend a forester's license to practice forestry
			 within the Commonwealth upon a finding that the forester has engaged in fraud,
			 negligence, deceit, incompetence, unprofessional conduct or gross misconduct in
			 the practice of forestry, or for any offense against the laws of the
			 Commonwealth relating thereto. The Director may initiate proceedings under 302
			 CMR 14.05(3) upon receipt of notice that a Licensed Forester has been found
			 guilty of or in violation of any forestry related federal, state, or municipal
			 law or regulation.
(2)
Hearings
. A Licensed Forester has 30 days after
			 receipt of written notice of denial of renewal, suspension or revocation to
			 request that the Director of State Parks and Recreation hold a hearing. Failure
			 to request a hearing within 30 days of receipt of a notice of suspension or
			 revocation shall result in automatic suspension or revocation of the license.
			 The Director of State Parks and Recreation shall hold a hearing within 30 days
			 of receipt of a request for a hearing, and shall provide reasonable notice of
			 said hearing to the Licensed Forester.
(3)
Initiation of Investigatory
			 Proceedings.
(a) Any person may
			 file a complaint with the Director of State Parks and Recreation or the
			 Forester Licensing Board concerning the conduct of a Licensed Forester. The
			 Forester Licensing Board shall refer all complaints filed with it to the
			 Director of State Parks and Recreation. The Director shall initiate proceedings
			 under 302 CMR 14.05(3) upon receipt of a properly filed complaint. A properly
			 filed complaint shall:
1. be in writing and
			 shall be either hand-delivered or mailed certified mail/return receipt
			 requested to the Director of State Parks and Recreation or the Forester
			 Licensing Board, Department of Conservation and Recreation; and
2. contain the name and current address of
			 the complainant, and shall set forth:
a. the
			 name of the Licensed Forester whose actions are the source the
			 complaint;
b. the specific facts or
			 circumstances giving rise to the complaint;
c. the particular action or conduct in
			 question; and
d. any provisions of
			 federal, state or local law and regulation on which the complaint is based.
The Director of State Parks and Recreation shall send a copy of
				the complaint to the Licensed Forester who is the subject of the complaint by
				certified mail/return receipt requested to the last address on file with the
				Division, and to the FLB.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 14.00 - Conduct Of The Business Of Debt Collectors And Loan Servicers › Section 14.07 - Severability

Current through Register 1525, July 5, 2024
If any section, subsection, division or subdivision of
				302 CMR 14.00 shall be
				determined to be invalid, such determination shall apply to the particular
				section, subsection, division or subdivision, and all other provisions of
				302 CMR 14.00 shall remain
				valid and in effect.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 15.00 - Chapter 61, Forest Classification › Section 15.01 - Purpose

Current through Register 1525, July 5, 2024
302 CMR 15.00 (formerly found at
				304 CMR
				8.00:
Chapter 61, Forest
				Classification)
clarifies the procedure for classification of forest
				land in the Commonwealth of Massachusetts.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 15.00 - Chapter 61, Forest Classification › Section 15.03 - Forest Lands; Criteria

Current through Register 1525, July 5, 2024
(1) To be eligible for
			 certification and classification, land must meet the following criteria:
(a) be a parcel of forest land containing a
			 minimum of ten adjacent or contiguous acres devoted to the growth of forest
			 products;
(b) and may consist of
			 access roads, skid trails, log landings, log storage areas, and other areas
			 that are necessary and related to forest management and forest products
			 harvesting activities.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 15.00 - Chapter 61, Forest Classification › Section 15.04 - Application for Classification and Forest Management Plan

Current through Register 1525, July 5, 2024
(1) A complete application for classification
			 shall consist of:
(a) One original and two
			 copies of an application certificate and one original and two complete copies
			 of a forest management plan, signed by the owner.
(b) A map or maps of the parcel to be
			 classified relating to clearly marked and substantially discernible boundaries
			 at least to the extent required in the
Directions for the Preparation
			 of Chapter 61 Management Plans,
April, 2014 edition.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 15.00 - Chapter 61, Forest Classification › Section 15.06 - Management of Classified Forest Land

Current through Register 1525, July 5, 2024
(1) The
			 owner shall not diverge from the approved forest management plan without prior
			 written approval of the Department.
(2) Revisions to the forest management plan
			 within the term of any ten year certification period that involve changes in
			 silvicultural treatment or practices may be allowed at the discretion and only
			 with the written approval of the Department when, in its discretion, such
			 change does not substantially detract from the forest management objectives
			 described in the current forest management plan in accordance with M.G.L. c. 61
			 and 302 CMR 15.00.
(3) A new owner
			 of classified forest land who elects to continue under the provisions of M.G.L.
			 c. 61 shall submit to the appropriate Regional Office, within 90 days of
			 transfer of title, an amended application certificate and amended forest
			 management plan with updated information. Failure to so file within the 90-day
			 period shall not invalidate certification or constitute grounds for removal
			 from classification if the failure is due to inadvertence or mistake, and the
			 new owner files an amended plan upon notification of such failure within the
			 time set by the Department, and has done nothing on the subject parcel in the
			 interim to otherwise warrant removal from classification.
(4) If a sale of forest land constitutes only
			 a portion of the parcel subject to classification, the new owner shall, within
			 90 days of the transfer of title, submit an amended application certificate and
			 forest management plan to the appropriate Regional Office. The owner of the
			 remaining portion of the parcel shall within 90 days of transfer of title
			 submit an amended application certificate and forest management plan to the
			 appropriate Regional Office. Failure to so file within the 90-day period shall
			 not invalidate certification or constitute grounds for removal from
			 classification if the failure is due to inadvertence or mistake, and the new
			 owner files an amended plan upon notification of such failure within the time
			 set by the Department, and has done nothing on the subject parcel in the
			 interim to otherwise warrant removal from classification.
(5) At the end of each ten year
			 classification period, an updated forest management plan and application
			 certificate as required above shall be submitted by the owner to the
			 appropriate Regional Office no later than 5:00 P.M., on or before June
			 30th of the year prior to the year of
			 recertification. Applications postmarked on or before June
			 30th shall be considered timely filed.
The owner's failure to abide by the provisions of 302 CMR 15.00
				or the previous forest management plan may result in denial of
				recertification.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 15.00 - Chapter 61, Forest Classification › Section 15.07 - Voluntary Addition to and Withdrawal from Certification of Forest Land During Term of Classification

Current through Register 1525, July 5, 2024
(1) The owner may
			 voluntarily add forest land adjacent or contiguous to a subject parcel or
			 subtract from the subject parcel only under the following terms and conditions:
(a) Additional adjacent or contiguous lands
			 may be incorporated into the same application certificate and classification
			 upon:
1. Submission to and approval by the
			 Department of an amended forest management plan and application certificate no
			 later than 5:00 P.M., on or before June 30th of the
			 year preceding the period of desired classification;
2. Submission of the approved amended forest
			 management plan and amended certificate to the assessors no later than 5:00
			 P.M., on or before September 30th of the year
			 preceding the period of desired classification; and
3. Submission of the amended application
			 certificate providing for classification and taxation of the entire augmented
			 parcel for the balance of the term of the original classification
			 period.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 15.00 - Chapter 61, Forest Classification › Section 15.08 - Involuntary Withdrawals from Certification; Procedures for Hearings and Appeals

Current through Register 1525, July 5, 2024
(1) The following may
			 initiate an action for denial of, removal from, or orders for M.G.L. c. 61
			 classification:
(a) The Board of Assessors of
			 the town in which the subject parcel is located may appeal to the Department as
			 follows:
1. if, in their judgment, the land is
			 not entitled to or does not qualify for certification or classification under
			 M.G.L. c. 61;
2. if, in their
			 judgment, the land is not being managed in accordance with an approved forest
			 management plan; or
3. if, in their
			 judgment, the land is being used for purposes incompatible with the forest
			 production.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 15.00 - Chapter 61, Forest Classification › Section 15.09 - Inspection

Current through Register 1525, July 5, 2024
The Department has the authority to enter onto both private
				land that is the subject of an application for certification, as well as
				certified forest land for the purpose of making investigations to assure
				compliance with M.G.L. c. 61 and 302 CMR 15.00.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 15.00 - Chapter 61, Forest Classification › Section 15.10 - Severability

Current through Register 1525, July 5, 2024
If any provision of 302 CMR 15.00 or the application thereof is
				held to be invalid, such invalidity shall not affect any provision of 302 CMR
				15.00 not specifically held to be invalid.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 16.00 - Forest Cutting Practices › Section 16.01 - Purpose

Current through Register 1525, July 5, 2024
M.G.L. c. 132, §§ 40 through 46 establishes the State
				Forestry Committee to develop minimum forest cutting practices through
				promulgation of regulations. Cutting on forest lands shall be regulated and
				timber harvesters licensed to insure that the following values of interest are
				not jeopardized:
(a) continuation and
			 increase of the supply of forest products;
(b) conservation of water;
(c) maintenance of air and water
			 quality;
(d) prevention of
			 floods;
(e) prevention of soil
			 erosion;
(f) improvement of
			 condition for wildlife; and
(g)
			 improvement of conditions for outdoor recreation.
302 CMR 16.00 serves to
				assist the landowner in achieving the management objectives which the landowner
				has established for the land.
				302 CMR
				16.00 defines and clarifies administration of M.G.L.
				c. 132, §§ 40 through 46 by establishing standard definitions and
				uniform procedures by which landowners, licensed timber harvesters, and the
				Director of State Parks and Recreation can carry out their responsibilities
				under M.G.L. c. 132, §§ 40 through 46.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 16.00 - Forest Cutting Practices › Section 16.02 - Statement of Jurisdiction

Current through Register 1525, July 5, 2024
(1)
Areas Subject to M.G.L. c. 132, §§ 40 through
			 46
. 302 CMR 16.00 applies to all land devoted to forest growth
			 owned or administered by private persons, corporations or organizations or by
			 any federal, state, county, municipal or other public agency.
(2)
Activities Subject to M.G.L.
			 c. 132, §§ 40 through 46
. 302 CMR 16.00 applies to any
			 commercial cutting of a volume of products equivalent in volume to more than
			 25,000 board-feet or 50 cords on any parcel of land at any one time. Approval
			 of a forest cutting plan under M.G.L. c. 132 means that the land is presently
			 and primarily used in raising forest products and shall be maintained as forest
			 land and continue to provide values as listed in 302 CMR 16.01(1).
(3)
Activities Exempt Under
			 M.G.L. c. 132, §§ 40 through 46
. 302 CMR 16.00 does not
			 apply to the following activities:
(a) Cutting
			 for clearance or maintenance of rights-of-way for public utilities and public
			 highways;
(b) Maintenance cutting
			 in pastures;
(c) Cutting of any
			 amount of forest products that is not for sale or barter, but is for the
			 noncommercial use of the landowner or the landowner's tenant;
(d) Clearing land for cultivation or pasture
			 when supported by physical evidence of such changed land use within one year
			 after the cutting stops;
(e)
			 Clearing lands for the purpose of changing land use, such as the creation of a
			 houselot, a subdivision, for mining gravel, or for any other activity requiring
			 town or city permits; and
(f) Small
			 commercial harvests, cutting a volume equivalent to 25,000 board-feet or 50
			 cords of products or less from a parcel of land at any one time.
Any person proposing to cut trees who is not certain if the
				operation is exempt under M.G.L. c. 132, §§ 40 through 46 may ask the
				Director or the Director's Agent for a determination pursuant to 302 CMR
				16.04(14).
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 16.00 - Forest Cutting Practices › Section 16.04 - Procedures

Current through Register 1525, July 5, 2024
(1)
Director to Develop Forest
			 Cutting Plan Forms and Notice to Abutters Forms
(a) The Director shall develop and make
			 available the form for the forest cutting plan together with instructions for
			 its proper completion. The forest cutting plan form shall reflect the standards
			 in the regulations relevant to cutting and logging and all applicants shall use
			 these forms. The Director shall also develop standard operating procedures for
			 checking and processing the forest cutting plan and for all necessary field
			 inspections. The Director and the State Forestry Committee shall review
			 experience with these forms and procedures periodically and, if necessary,
			 revise them.
(b) The Director shall
			 develop and make available a form landowners shall use to notify abutters of
			 record on file with the assessor's office of the landowner's intent to cut
			 trees for forest products.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 16.00 - Forest Cutting Practices › Section 16.05 - Standards

Current through Register 1525, July 5, 2024
(1)
Cutting Trees
.
(a)
Silviculture
-
			 The intent of these forest cutting standards is to provide the landowner with
			 as much choice as possible in the selection of a silvicultural system suited to
			 meet the landowner's objectives, while ensuring that forest land is cut in such
			 a manner so as to maintain or regenerate a stand of healthy, vigorous growing
			 trees so that the values listed in 302 CMR 16.01(1) are not jeopardized.
It is furthermore deemed to be in the interest of M.G.L. c.
				132, §§ 40 through 46 that forest cuttings be properly described in
				terms of accepted silvicultural methods so that the impacts of the various
				choices can be reasonably understood and measured by both the landowner and the
				Director or the Director's Agent. However, it is also understood that the
				variable character of Massachusetts' forests do not always lend themselves to
				purely textbook application of the listed systems so that leeway shall be given
				to the landowner to design a system best suited to meet his or her
				needs.
1. For each stand to be
			 harvested, the landowner shall:
a. list the
			 forest type on the forest cutting plan and associated maps using the types
			 listed in 302 CMR 16.05(1)(a)7.
b.
			 designate the trees to be harvested by marking, as defined, or by a detailed
			 description in the forest cutting plan of the size, species, and quality of
			 trees to be cut and the percentage of the basal area to be removed. The trees
			 to be cut, the trees to be left standing, or the boundary of the cutting area
			 must be clearly marked so as to be discernable by the Director or the
			 Director's Agent from the time the forest cutting plan is submitted through the
			 duration of the operation.
c. state
			 his or her management objectives on the forest cutting plan.
d. state the silvicultural system to be used,
			 selected from those listed under 302 CMR 16.05(1)(a)6., and state whether it is
			 an intermediate cut or a regeneration cut.
e. if the operation is a regeneration cut,
			 the landowner shall state the method used and the expected source of
			 regeneration.
f. if the operation
			 is an intermediate cut, the landowner shall state the type of intermediate cut
			 employed.
g. exceptions to or
			 deviations from these standards or the listed silvicultural systems shall
			 require a narrative justification and approval by the Director or Director's
			 Agent. The justification should be based upon silvicultural principles and
			 shall state the future desired condition of the stand. Allowable exceptions
			 include, but are not limited to, practices designed to meet the purposes listed
			 in 302 CMR 16.01(2).
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 16.00 - Forest Cutting Practices › Section 16.06 - Rare and Endangered Species

Current through Register 1525, July 5, 2024
M.G.L. c. 131A (The Massachusetts Endangered Species Act) and
				321 CMR 10.00:
Massachusetts Endangered Species Act Regulations
prohibit the
				taking of any state-listed rare plant or animal species. Forest cutting plans
				must comply with the applicable endangered species statues and regulations.
				Forest cutting plans for lands containing estimated habitat of rare wetlands
				wildlife or high priority sites of rare species habitat are subject to the
				special approval procedures in
				302 CMR
				16.04(6).
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 16.00 - Forest Cutting Practices › Section 16.08 - Timber Harvester License

Current through Register 1525, July 5, 2024
(1) The Director shall
			 issue a Massachusetts Timber Harvester License annually to a person, firm, or
			 corporation when the applicant:
(a) submits a
			 completed application on a form approved by the Director;
(b) pays by a negotiable check or money order
			 the currently established annual fee;
(c) submits evidence that the applicant is
			 familiar with, and has consistently complied with, the Massachusetts and
			 applicable federal laws governing forest land, forestry, and forest harvesting;
			 and
(d) certifies that the
			 applicant is in compliance with state tax laws and other state and local laws,
			 ordinances, and regulations governing forestry property, public health, and
			 safety.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 16.00 - Forest Cutting Practices › Section 16.09 - Severability

Current through Register 1525, July 5, 2024
If any provision of any part of 302 CMR 16.00, or the
				application thereof, is held to be invalid, such invalidity shall not affect
				any other provision of 302 CMR 16.00.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 17.00 - CLASSIFICATION AND RATING OF PROSPECTIVE BIDDERS › Section 17.01 - Definitions

Current through Register 1525, July 5, 2024
The following words and phrases, when used in
				302 CMR 17.00, shall have the
				meanings in
				302 CMR 17.00 except in those
				instances where the context clearly indicates a different meaning or is
				otherwise stated.
Whenever any word and phrase used in
				302 CMR 17.00 is not defined
				in
				302 CMR 17.00, such word or
				phrase shall be construed according to its generally accepted meaning as noted
				in a dictionary of general usage.
Department
. The Department of
				Conservation and Recreation.
Contractor
. Any individual,
				co-partnership, association, corporation, joint venturer, or joint stock
				company and its representatives, trustees, or receivers appointed by any court
				of competent jurisdiction.
Prospective Bidder
. Any individual,
				co-partnership, association, corporation, joint venturer, or joint stock
				company and its representatives, trustees, or receivers appointed by any court
				of competent jurisdiction.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 17.00 - CLASSIFICATION AND RATING OF PROSPECTIVE BIDDERS › Section 17.02 - Prequalification

Current through Register 1525, July 5, 2024
(1)
General
. In
			 accordance with M.G.L. c. 81, § 8B, any Contractor or Prospective Bidder
			 proposing to bid on any work, excepting the construction, reconstruction,
			 repair, or alteration of buildings, to be awarded by the Department,
			 aggregating $50,000 or more, must be prequalified by the Highway Division of
			 the Massachusetts Department of Transportation pursuant to
			 720 CMR 5.00. For work
			 aggregating under $50,000, prequalification is desirable but not
			 required.
(2) All information
			 furnished in any statement by a Prospective Bidder and provided to the
			 Department shall be held in strict confidence by the Department and its agents.
			 No information contained in any such statement shall be imparted to any other
			 person without the written consent of the Prospective Bidder.
(3)
Right to Reject
			 Bids
. Nothing in
			 302 CMR 17.00 or
			 720 CMR 5.00:
Prequalification of Contractors and Prospective Bidders for Statewide
			 Engineering Field Survey Services
shall be construed as depriving the
			 Department of the right to reject any bid or, when in the opinion of the
			 Department circumstances and developments have changed, the qualification or
			 responsibility of the Contractor or Prospective Bidder.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 18.00 - Aquatic Nuisance Control Program › Section 18.01 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Purpose
.
			 302 CMR 18.00 is intended to
			 protect Massachusetts fresh water systems from Aquatic Nuisance Species by
			 establishing an aquatic nuisance control program with enforceable standards,
			 criteria and procedures that will enable the Department to suppress, eradicate,
			 control and otherwise mitigate or reduce the risk of the spread of Aquatic
			 Nuisance Species.
(2)
Construction
.
(a)
									302 CMR 18.00 shall be
			 liberally construed to permit the Department of Conservation and Recreation to
			 discharge its statutory functions.
(b) The Commissioner may, in the public
			 interest, or in an emergency, suspend the application of any section of
			 302 CMR 18.00. DCR will
			 notify the Department of Fish and Game, if feasible, before any such action is
			 taken; otherwise, DCR will notify the Department of Fish and Game as soon
			 thereafter as practicable. DCR will Post notice of any such
			 suspension.
(c) No provision of
			 302 CMR 18.00 shall make
			 unlawful any act necessarily performed by any officer or employee of the
			 Department of Conservation and Recreation performed in connection with the
			 implementation of
			 302 CMR 18.00 in the line of
			 duty or as part of his or her work duties, or by any person acting as an agent
			 of the Department or its employees. This shall be true for any person or his or
			 her agents engaged in performing the proper and necessary execution of the
			 terms and conditions of any agreement with the Department.
(d) Nothing in
			 302 CMR 18.00 shall be
			 construed to or have the effect of limiting the authority of the Division of
			 Fisheries and Wildlife to manage and regulate inland fisheries resources and
			 other wildlife pursuant to M.G.L. c. 131 or M.G.L. c. 131A.
(e)
Severability
. If
			 any chapter, section, subsection, division or subdivision of
			 302 CMR 18.00 shall be
			 determined to be invalid, such determination shall apply to the particular
			 chapter, section, subsection, division or subdivision, and all other provisions
			 of
			 302 CMR 18.00 shall remain
			 valid and in effect.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 18.00 - Aquatic Nuisance Control Program › Section 18.03 - Prohibited Activities

Current through Register 1525, July 5, 2024
(1) No person shall,
			 except as otherwise authorized by the Department, knowingly or intentionally
			 place, or cause to be placed, an ANS in or upon Inland Waters.
(2) No person shall, except as otherwise
			 authorized by the Department, place or cause to be placed in or upon Inland
			 Waters any Vessel, Boat Transporter, Truck-trailer Boat Transporter or any
			 other equipment used in conjunction with them that has any plants or animals
			 growing thereon or attached thereto unless such Vessel, Boat Transporter,
			 Truck-trailer Boat Transporter or any other equipment used in conjunction with
			 them has been cleaned or decontaminated to remove the plants or animals in
			 accordance with the requirements of
			 302 CMR
			 18.04.
(3) No person shall, except as otherwise
			 authorized by the Department, transport any Vessel, Boat Transporter,
			 Truck-trailer Boat Transporter or any other equipment used in conjunction with
			 them that has any plants or animals growing thereon or attached
			 thereto.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 18.00 - Aquatic Nuisance Control Program › Section 18.04 - Aquatic Nuisance Control Program

Current through Register 1525, July 5, 2024
(1)
Inspections
.
(a)
			 Authorized Personnel may inspect Vessels, Boat Transporters, Personal
			 Watercraft, and other related equipment, including, but not limited to,
			 outboard motors, for the presence of Aquatic Nuisance Species.
(b) No person may refuse an Inspection by
			 Authorized Personnel on public property.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 18.00 - Aquatic Nuisance Control Program › Section 18.06 - Penalties

Current through Register 1525, July 5, 2024
(1) The following violations will subject a
			 person to a fine of not less than $25 nor more than $100 for the first
			 violation; by a fine of not less than $100 nor more than $500 for a second such
			 violation; and by a fine of not less than $1,000 or imprisonment in a house of
			 correction for not more than 60 days, or both, for a third or subsequent such
			 violation:
(a) Knowingly or intentionally
			 placing, or causing to be placed, an ANS in or upon Inland Waters.
(b) Violation of any section of
			 302 CMR 18.00.
(c) Placing or causing to be placed in or
			 upon Inland Waters any Vessel, Boat Transporter, Truck-trailer Boat Transporter
			 or any other equipment used in conjunction with them that has any plants or
			 animals growing thereon or attached thereto, except for legally harvested fish
			 or game, unless such Vessel, Boat Transporter, Truck-trailer Boat Transporter
			 or any other equipment used in conjunction with them has been cleaned or
			 decontaminated to remove the plants or animals in accordance with the
			 requirements of
			 302 CMR 18.00.
(d) Transporting any Vessel, Boat
			 Transporter, Truck-trailer Boat Transporter or any other equipment used in
			 conjunction with them that has any plants or animals growing thereon or
			 attached thereto.
(e) Violating any
			 order or quarantine issued by the Commissioner.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 18.00 - Aquatic Nuisance Control Program › Section 18.07 - Enforcement

Current through Register 1525, July 5, 2024
(1) Authorized Personnel may enforce aquatic
			 nuisance laws and regulations on Inland Water bodies and boat ramps.
(2) DCR Rangers shall have the authority to
			 enforce the ANS law and regulations on all properties owned or managed by
			 DCR.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 18.00 - Aquatic Nuisance Control Program › Section 18.08 - Waiver

Current through Register 1525, July 5, 2024
(1)
General
. The
			 Commissioner may waive any provision or requirement contained in
			 302 CMR 18.00 not
			 specifically required by law where the Commissioner finds:
(a) that strict compliance with such
			 provision or requirement would result in an undue hardship and would not serve
			 to further the intent of M.G.L. c. 21, § 37B; M.G.L. c. 21A, § 10H;
			 M.G.L. c. 90B § 5D; and
(b)
			 that the waiver is necessary to accommodate an overriding community, regional,
			 or state public interest.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 19.00 - Small Wireless Facility and New Small Cell Structure Licensing › Section 19.01 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Purpose
. 302 CMR 19.00 sets forth the application
			 requirements and procedures relative to small cell and small wireless facility
			 licensing in public rights of way (ROW) under the jurisdiction, custody, or
			 control of the Department of Conservation and Recreation in compliance with an
			 Order of the Federal Communications Commission entitled
In the Matter
			 of Accelerating Wireless Broadband Deployment by Removing Barriers to
			 Infrastructure Investment
, (FCC Order) which Order is effective
			 January 14, 2019.
(2)
Applicability of Other Regulations
.
(a) The installation of Small Wireless
			 Facilities and Structures do not require a Construction and Access Permit
			 pursuant to
			 302 CMR
			 11.00:
Parkways, Traffic, and Pedestrian
			 Rules
.
(b) If any
			 provisions of
			 302 CMR
			 11.00:
Parkways, Traffic, and Pedestrian
			 Rules
conflict with provisions of 302 CMR 19.00, the provisions of 302
			 CMR 19.00 shall prevail as applied to the installation of Small Wireless
			 Facilities and Structures.
(c) Fees
			 listed in
			 801
			 CMR 4.02 "302 Department of Conservation and
			 Recreation" for Construction and Access Permits do not apply to Small Wireless
			 Facilities or Structures.
(d) Fees
			 associated with Small Wireless Facilities or Structures can be found in
			 801
			 CMR 4.02(14)(g)  "302
			 Department of Conservation and Recreation".