Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 12.00 - Parks And Recreation Rules › Section 12.02 - Definitions

Current through Register 1525, July 5, 2024
The following words and phrases, when used in
				302 CMR
				12.00, shall have the meanings respectively ascribed
				to them therein, except in those instances where the context clearly indicates
				a different meaning or is otherwise stated.
Whenever any word or phrase used in
				302 CMR
				12.00 is not defined in 302 CMR 12.02, such word or
				phrase shall be construed according to its generally accepted meaning as noted
				in a dictionary of general usage.
Adult
. Any person 18 years of age or
				older within DCR property.
Anchor
. To hold fast by an anchor (an
				"anchor" is any of various devices dropped by a chain, cable, or rope to the
				bottom of a body of water for preventing or restricting the motion of a vessel
				or other floating object, typically having broad, hooklike arms that bury
				themselves in the bottom to provide a firm hold).
Appalachian Trail (AT)
. A designated
				route on DCR property and non-DCR property which is a primitive way supporting
				the continuous Appalachian National Scenic Trail.
Aquatic Invasive Species
. An aquatic
				plant, animal or other non-native species that threatens the diversity or
				abundance of native species and that adversely impacts the ecological stability
				of or uses by native species of infested waters. These species cause economic
				or environmental harm by developing self-sustaining populations that dominate
				or disrupt native ecosystems.
Backcountry Camping
. Camping at
				remote, hike-in locations in designated areas, with no organized access to
				water, staff, or emergency services.
Ban
. The prohibition, resulting from
				violations of rules and regulations applicable to conduct on DCR property, of a
				person from DCR property, for a period of time longer than that associated with
				an eviction.
Bicycle
. A two wheel non-motorized
				vehicle designed to be used both on and off paved surfaces and over unimproved
				terrain.
Boating
. The use of watercraft,
				personal watercraft, or vessels.
Boulevard
. Any roadway, parkway, way
				or any portion thereof, under the jurisdictional care, custody or control of
				DCR, between regularly established curb lines or that part, exclusive of
				shoulders, improved and intended to be open and used for vehicular traffic by
				the public on a public way, including vehicular and/or pedestrian, bicycle,
				electric bicycle, or other DCR approved traffic.
Bridge
. A structural passage over
				water or land for pedestrian and/or vehicular traffic.
Camping
. The utilization of any piece
				of equipment for sleeping in or upon, for the purpose of occupying a portion of
				DCR property, land or water for transient and temporary outdoor living.
Camping Structure
. A yurt, cabin,
				lean-to or other structure intended as shelter while camping.
Campsite
. An area designated and
				managed by DCR or a duly permitted licensee, for public camping in
				Massachusetts.
Car Top Boats
. Those non-motorized
				vessels which can be carried on top of a motor vehicle's roof, and also by hand
				including, but not limited to, canoes, kayaks, sailboats and row boats.
Charles River Basin
. The Charles River
				Basin as defined by St. 1909, c. 524, as amended by St. 1962, c. 550, and
				includes the Charles River and its tributaries lying between the Watertown Dam
				and the Charles River Dam which is located between the Leonard P. Zakim Bunker
				Hill Memorial and North Washington Street Bridges; and the Mystic River Basin
				as defined by the Upper Mystic Lake Dam at the upstream end and the Amelia
				Earhart Dam at the downstream end and includes the Mystic River, the Amelia
				Earhart Dam and its tributaries.
Citation
. Notice of any violation of
				302 CMR
				12.00 duly issued by a law enforcement official, DCR
				ranger, District Forest Fire Warden, Forest Fire Patrolman, or other DCR
				personnel which may result in a fine.
Coastal Infrastructure
. Wharves,
				piers, jetties, revetments, groins, breakwaters, boardwalks, or other
				structures of stones, wood, piles, or the like, projecting into the sea to
				protect a harbor, deflect the current, maintain beaches and dunes, provide
				flood and erosion control, or a structure built out over water and used for
				berthing vessels or for recreation.
Commercial Dog Walker
. Any person who
				receives compensation for walking one or more dogs.
Commercial Use
. Any use of property
				under the custody and control of DCR for which consideration is exchanged.
				Commercial use includes any person, group or organization that makes or
				attempts to make a profit, offers for sale a service or product, receives
				money, amortizes equipment or obtains goods or services as compensation from
				participants in activities occurring on DCR property. This includes nonprofit
				organizations and educational groups that receive money from participants in
				activities occurring on DCR property.
Commissioner
. The Commissioner of the
				Massachusetts Department of Conservation and Recreation (DCR) or his or her
				designee.
Cultural Resource
. A district, site,
				building, structure, landscape, object, or ethnographic resource that is at
				least 50 years old and has important historical, cultural, scientific or
				technological associations. Cultural resources also include prehistoric or
				historic archeological sites containing physical remains or indications of past
				human activity and/or any artifacts that have been constructed or manipulated
				by human influence and which hold potential significance for understanding
				past, present or future human behavior.
DCR
or
the
				Department
. The Massachusetts Department of Conservation and
				Recreation.
DCR Personnel
. A person designated by
				the Commissioner to be responsible for the supervision, operation, protection
				and maintenance of a specifically designated DCR property.
DCR Property
. Property, real or
				personal, in which the DCR has a legal interest, including property under the
				care, custody, or control of the DCR. Such property may include, but is not
				limited to, grassland, reservations, parks, forests, beaches, tidelands, pools,
				skating rinks, golf courses, campgrounds, rail trails, bike trails, forest
				roads, forest ways, ponds, lakes, parking areas, trailheads, parkways,
				boulevards, roadways, facilities, and structures.
DCR Ranger
or
Ranger
. Any person duly appointed by the Department to
				perform the duties of a DCR ranger pursuant to M.G.L. c. 92, § 34B and
				M.G.L. c. 132A, § 7A.
Designated Campsite
. An area
				designated and managed by DCR or a duly permitted licensee, for public camping
				in Massachusetts.
Designated Swimming Area
. That area
				within a body of water and/or the portion of shoreline which is managed by DCR
				for the purposes of providing access to recreation, swimming or similar aquatic
				activities. Such an area may include beaches with or without lifeguard
				coverage.
District Forest Fire Patrolman
. Any person
				duly appointed by the Department to perform the duties of a DCR District Forest
				Fire Warden pursuant to M.G.L. c. 48, §§ 15, 19, 22, 24, 27, 28, 28B
				and 28C.
District Forest Fire Warden
. Any
				person duly appointed by the Department to perform the duties of a DCR District
				Forest Fire Warden pursuant to M.G.L. c. 48, §§ 15, 19, 22, 24, 27,
				28, 28B and 28C.
Division Director
. The Director of
				State Parks and Recreation within the Department of Conservation and
				Recreation.
Domicile
. A permanent legal
				residence.
Electric Bicycle
. A two- or
				three-wheeled vehicle that is equipped with fully operable pedals, a seat or
				saddle for the rider and an electric motor of no more than 750 watts, and is a
				Class 1, Class 2 or Class 3 electric bicycle:
(a)
Class 1 Electric Bicycle
. An
				electric bicycle equipped with a motor that provides assistance only when the
				rider is pedaling, and that ceases to provide assistance when the bicycle
				reaches or exceeds 20 miles per hour.
(b)
Class 2 Electric Bicycle
. An
				electric bicycle equipped with a motor that may be used exclusively to propel
				the bicycle, and that is not capable of providing assistance when the bicycle
				reaches or exceeds 20 miles per hour.
(c)
Class 3 Electric Bicycle
. An
				electric bicycle, other than a Class 1 electric bicycle, equipped with a motor
				that provides assistance only when the rider is pedaling, and that ceases to
				provide assistance when the bicycle reaches or exceeds 28 miles per hour.
EPO
or
Massachusetts
				Environmental Police Officer
. A police officer of the Office of
				Law Enforcement, within the Executive Office of Energy and Environmental
				Affairs, with the authority to enforce all DCR regulations and Massachusetts
				laws, on DCR property and DCR roadways.
Eviction
. A type of enforcement
				whereby a person in violation of a DCR regulation or other Massachusetts or
				U.S. law or regulation is ordered to leave DCR property for a period of
				time.
Firearm
. A loaded or unloaded pistol,
				rifle, shotgun or other weapon which is designed to, or may be readily
				converted to, expel a projectile by the ignition of a propellant.
Fishing
. Capturing, killing, or
				trapping fish by any means, including angling with the use of a hook.
Float
. Something for buoying up, an
				inflated bag to sustain a person in water, a floating platform or something
				that floats on the surface of water.
Forest Road
. Any paved or unpaved way
				constructed and maintained for use by wheeled vehicles registered under M.G.L
				c. 90, whether such a corridor is normally open for such use or not. (See also
				302 CMR 12.02:
Boulevard
,
Parkway
or
Roadway
.)
Forest Trail
. Any path or way with a
				trail tread width 50 inches wide or less constructed or maintained for use by
				one or more of the following: pedestrians, wheelchairs, horses, bicycles, snow
				vehicles or recreation vehicles.
Forest Way
. Any gravel or dirt road,
				fire lane, fire road, abandoned railroad bed, skid road or any non paved way of
				sufficient trail tread width that may accommodate the operation of a four
				wheeled vehicle greater than 50 inches in width.
Headway Speed
. The slowest speed at
				which a motor boat may be operated and maintain steerageway, but in no case to
				exceed ten miles per hour.
Hunting
. Consistent with the Division
				of Fisheries and Wildlife's enabling statute at M.G.L. c. 131, the shooting,
				killing, taking or capturing of mammals or birds and all lesser acts such as
				disturbing or harassing of mammals, birds, amphibians or reptiles.
Intertidal Zone
. That area exposed to
				the air at low tide and submerged at high tide.
Kite-powered Apparatus
. A wheeled
				vehicle, board or other equipment which is powered or towed by a kite.
Law Enforcement Officer/Official
. Any
				government law enforcement official or officer, including, but not limited to,
				the following: DCR ranger, district forest fire warden, district forest fire
				patrolman, environmental police officer, Massachusetts state police officer,
				municipal police officer, other municipal law enforcement official, U.S.
				government law enforcement officer or official, Massachusetts county law
				enforcement officer or official, or any other qualified individual to whom the
				Department may designate authority and duties that are the same or similar to
				those positions listed in 302 CMR 12.02:
Law Enforcement
				Officer/Official
.
Moor
. To secure a watercraft to a
				floating or fixed structure or to secure to a pier, float, buoy or watercraft
				secured thereto.
Motorized Conveyance
. Any conveyance
				powered by a motor, other than a "motor vehicle" as defined in M.G.L. c. 90,
				§ 1. For purposes of
				302 CMR
				12.00, an
Electric Bicycle
,
				as defined in 302 CMR 12.02:
Electric Bicycle
, is not
				a Motorized Conveyance.
Non-motorized
. Powered by anything
				other than a motor or engine.
Off-highway Vehicle
.
				(
See
302 CMR 12.02:
Recreation
				Vehicle
.)
Operator
. An individual who operates,
				drives, controls or otherwise has charge of or is in actual physical control of
				a mechanical mode of transportation, or any other mechanical equipment or
				vehicle.
Parking
. The stopping or standing of a
				vehicle, whether occupied or not, except a vehicle is not parked if it has
				stopped temporarily because its movement is obstructed, or the operator is
				lawfully engaged in loading or unloading passengers or materials, or the
				operator is following the direction of a law enforcement officer, DCR ranger,
				DCR personnel, traffic signs, traffic signals, is making emergency repairs, or
				it is a disabled vehicle and arrangements are being made to remove such
				vehicle.
Parking Area
or
Parking
				Lot
. Any DCR property or part thereof, designated, and/or posted,
				marked, or directed by DCR personnel, DCR ranger or other law enforcement
				official, to be used for the stopping, standing or stationing of parked
				vehicles, in accordance with all applicable Massachusetts laws and
				regulations.
Parkway
. Any boulevard, roadway, way
				or any portion thereof, under the jurisdictional care, custody or control of
				DCR, between regularly established curb lines or that part, exclusive of
				shoulders, improved and intended to be open and used for vehicular traffic by
				the public on a public way, including vehicular and/or pedestrian, bicycle,
				electric bicycle, or other DCR approved traffic.
Pedestrian
. Any person afoot or riding
				on a human-powered conveyance other than a bicycle or tricycle.
Permit
. A duly issued, written, fully
				revocable license from DCR authorizing a permittee to engage in uses or
				activities on DCR property that are otherwise prohibited, restricted, or
				regulated.
Person
. Any individual, corporation,
				firm, partnership, company, association, trust, or other business or nonprofit
				organization; any agency, department, board, commission, quasi-public agency or
				authority of the Commonwealth; and any Federal, municipal, or regional
				governmental or intergovernmental agency, department, board, commission,
				authority, or other entity, or any combination of individuals or entities
				including, but not limited to, those listed above, their agent, trustee,
				executor, receiver, assignee, or other representative thereof.
Personal Flotation Device
. Any
				lifesaving device classified and approved by the regulations of the commandant
				of the U.S. Coast Guard pursuant to 46 C.F.R. Part 160.
Personal Watercraft
. A vessel which
				uses an inboard motor powering a water jet pump as its primary source of motive
				power and which is designed to be operated by persons sitting, standing or
				kneeling on the vessel. (See also 302 CMR 12.02:
Watercraft
.)
Pet
. A dog, cat, or a caged pet. A
				caged pet is an animal that typically is confined to a cage at all times.
Post
or
Posting
. To display in a place of public view in
				electronic or printed form.
Primary Occupant
. The camping customer
				who is responsible for payment, registration, condition of the campsite, and
				all persons occupying the site.
Rail Trail
. Any former or inactive
				railroad right-of-way that is under the care, custody or control of DCR and is
				managed or maintained for authorized uses.
Recreation Utility Vehicle
. A
				motorized flotation-tire vehicle with not less than four and not more than six
				low-pressure tires that is limited in engine displacement to less than 1,500
				cubic centimeters and in total dry weight to not more than 1,800 pounds and
				that has a seat that is of bench design, not intended to be straddled by the
				operator, and a steering wheel for control.
Recreation Vehicle
. Any motor vehicle
				designed or modified for use over unimproved terrain if used for recreation or
				pleasure off a public way as defined in M.G.L. c. 90, including but not limited
				to, off-highway vehicles, off-road vehicles, all- terrain vehicles, off highway
				motorcycles, dirt bikes, recreation utility vehicles, utility vehicles, and all
				legally registered motor vehicles when used off a way, as defined in M.G.L. c.
				90, including motorcycles.
Recreational Camping Vehicle
. A bus,
				travel trailer, motor home, auto home, van conversion, pick up camper,
				collapsible tent trailer or other private passenger motor vehicle that provides
				living accommodations for persons.
Recreational Use Permit
. A written
				agreement that authorizes a person to engage in uses of or activities on DCR
				property on a specific date and time, which uses and activities are those
				intended for the DCR property.
Residence
. The place, usually a house,
				in which a person dwells or resides.
Roadway
. Any boulevard, parkway, way
				or any portion thereof, under the jurisdictional care, custody or control of
				DCR, between regularly established curb lines or that part, exclusive of
				shoulders, improved and intended to be open and used for vehicular traffic by
				the public on a public way, including vehicular and/or pedestrian, bicycle,
				electric bicycle or other DCR approved traffic.
Safari Camping
. A campsite intended
				for family camping and RV clubs, consisting of self-contained units with
				onboard fresh water and sewage holding tanks.
Service Animal
. Any dog that is
				individually trained to do work or perform tasks for the benefit of an
				individual with a disability, including a physical, sensory, psychiatric,
				intellectual, or other mental disability. Other species of animals, whether
				wild or domestic, trained or untrained, are not service animals for the
				purposes of 302 CMR 12.02:
Service Animal
. The works
				or tasks performed by a service animal must be directly related to the
				handler's disability. Examples of work or tasks include, but are not limited
				to, assisting individuals who are blind or have low vision with navigation and
				other tasks, alerting individuals who are deaf or hard of hearing to the
				presence of people or sounds, providing non-violent protection or rescue work,
				pulling a wheelchair, assisting an individual during a seizure, alerting
				individuals to the presence of allergens, retrieving items such as medicine or
				the telephone, providing physical support and assistance with balance and
				stability to individuals with mobility disabilities, and helping persons with
				psychiatric and neurological disabilities by preventing or interrupting
				impulsive or destructive behaviors. The crime deterrent effects of an animal's
				presence and the provision of emotional support, well-being, comfort, or
				companionship do not constitute work or tasks for the purposes of 302 CMR
				12.02:
Service Animal
.
Sewage
. The water-carried human or
				animal wastes from residences, buildings, industrial establishments or other
				places or receptacles intended to receive or retain body waste, together with
				such ground water infiltration and surface water as may be present.
Snow Vehicle
. A motor vehicle designed
				to travel over ice or snow, having a curb weight of not more than 453 kilograms
				or 1,000 pounds, driven by track or tracks in contact with the snow or ice and
				steered by a ski or skis in contact with the snow or ice.
Special Use Permit
. A written
				agreement that authorizes a person to engage in uses of or activities on DCR
				property on a specific date and time, which uses exceed in any way the common
				use of DCR property, or that are otherwise prohibited, regulated or
				restricted.
Spray Deck
. Any structure or area
				designed, constructed or designated for the purpose of aquatic recreation
				which, when in operation, has little standing water and contains interactive
				features which spray water from various locations.
Swimming Pool
or
Pool
				Compound
. Any DCR operated structure designed for the purposes of
				aquatic recreation which contains an average volume of water greater than two
				feet in depth.
Traffic
. Pedestrians, bicycles,
				electric bicycles, ridden or herded animals, vehicles, buses, street cars,
				trolleys and other conveyances, either singly or together, while using any DCR
				property, roadway, boulevard or parkway, for the purpose of travel or
				recreating.
Trail
. An established and designated
				linear path or route designed and maintained for recreational activities.
Trapping
. The staking out, setting,
				using, tending, placing, maintaining or picking up of any device designed or
				intended for use in taking of any mammal, bird, amphibian, reptile or fish,
				dead or alive, as well as every attempt, assistance or act of a person towards
				a taking of any mammal, bird, amphibian, reptile or fish.
Trash
. Bottles, glass, wood, tires,
				crockery, cans, scrap metal, junk, paper, plastic, garbage, rubbish, debris,
				litter, refuse, oil, solvents, liquid waste, sewage, appliances, electronics,
				computer equipment, hazardous materials, construction debris, yard waste, or
				other personal property.
Vehicle
. Every device in, upon or by
				which any person or property is or may be transported or drawn upon DCR
				roadways, boulevards, parkways or other DCR property.
Vessel
. Every description of personal
				watercraft, watercraft, or other artificial contrivance used, or capable of
				being used, as a means of transportation on the water.
Volunteer/Stewardship Agreement
. An
				agreement between DCR and a volunteer or non-profit or other private
				organization for the performance of volunteer activities on DCR property
				pursuant to the Department's "Volunteers in Parks Program".
Wading Pool
. Any DCR operated
				structure designed, constructed or designated on DCR property for the purpose
				of aquatic recreation containing a volume of water two feet or less in
				depth.
Watercraft
. Any boat, ship, vessel, or
				craft that operates on water, whether moved by oars, paddles, sails or power
				mechanisms, inboard or outboard, or any other vessel floating upon DCR
				property, whether capable of self locomotion or not, and may include, but not
				be limited to, house boats, barges, and similar floating objects.
Watercraft
does not include
Personal
				Watercraft
which is defined in 302 CMR 12.02.
Water Skiing
. The use of any type of
				device designed to propel one or more persons across the surface of the water
				by means of towline attached to a watercraft.
Way
. Any public highway, private way
				laid out under authority of statute, dedicated to public use, or a way under
				the control of DCR and defined in 302 CMR 12.02:
Roadway
,
Boulevard
or
Parkway
.
Wheelchair
. A device that is propelled
				by human power (manual wheelchair), or self-propelled (motorized wheelchair),
				designed solely for and used by a mobility-impaired person for locomotion, that
				is both capable of and suitable for use in indoor and outdoor pedestrian
				areas.