reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 3.00 - SCENIC AND RECREATIONAL RIVERS ORDERS › Section 3.14 - Repealing of Orders

Current through Register 1525, July 5, 2024
Prior to adopting any Repealing Order under M.G.L. c. 21A,
				§ 11C, the Commissioner shall first give notice as required by, and shall
				hold a public hearing pursuant to,
				302 CMR
				3.06.
Any Repealing Order shall be adopted and recorded in the manner
				required by
				302 CMR 3.08
				and
				3.09 and a
				copy of the Repealing Order and plan shall be sent by certified mail to those
				persons whose names appear on the list of assessed owners recorded with the
				Order being repealed.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 3.00 - SCENIC AND RECREATIONAL RIVERS ORDERS › Section 3.15 - Correcting Orders

Current through Register 1525, July 5, 2024
Any assessed owner or person having an interest in land within
				the river corridor and who has reason to believe that the river corridor
				boundary line has been incorrectly delineated in relation to his or her
				property on the plan which has been included with an Order, may request the
				Department to have the location of his or her boundary line redrawn on a
				corrected plan.
Upon receipt of the request, a representative of the Department
				shall, within 15 days, arrange to conduct an on-site field inspection. If the
				Department finds that the boundary line is incorrectly delineated, the
				Commissioner shall record, pursuant to the procedures provided in
				302 CMR 3.09,
				and send to the person requesting the correction, a corrected plan with the new
				boundary delineated thereon.
The Commissioner may also correct any typographical,
				grammatical or other errors contained in any Order, which do not change the
				sense of the Order, by recording a copy of the corrected Order pursuant to the
				procedures provided in
				302 CMR 3.09
				and by sending a copy of the corrected Order to the assessed owner or person
				having an interest in land within the river corridor affected by the
				Order.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 3.00 - SCENIC AND RECREATIONAL RIVERS ORDERS › Section 3.16 - Monitoring Procedures

Current through Register 1525, July 5, 2024
The Commissioner shall periodically examine the rivers or
				streams affected by Orders.
In addition, any person who has an interest in land affected by
				an Order may request the Department of Conservation and Recreation to conduct a
				review. Upon receipt of the request, the Department shall conduct an on-site
				inspection.
If the Commissioner determines, following examination, that
				significant change has occurred in any such river or stream, the Department
				shall adopt an Amending, Modifying or Repealing Order, or shall correct the
				Order, pursuant to the procedures provided in
				302 CMR
				3.00.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 3.00 - SCENIC AND RECREATIONAL RIVERS ORDERS › Section 3.17 - Departmental Review of Orders

Current through Register 1525, July 5, 2024
Any Conservation Commission, Mayor or Board of Selectmen may
				petition the Department to conduct a review to determine if an Order has been
				violated. Upon receipt of such a petition, the Department shall conduct an
				on-site inspection of the area and shall take such corrective measures as are
				warranted.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 3.00 - SCENIC AND RECREATIONAL RIVERS ORDERS › Section 3.18 - Judicial Review Orders

Current through Register 1525, July 5, 2024
Any person having an interest in land affected by any such
				Order, may, within 90 days after receiving notice thereof, petition the
				Superior Court to determine whether such Order so restricts the use of his
				property as to deprive him of the practical uses thereof and is therefore an
				unreasonable exercise of the police power because the Order constitutes the
				equivalent of a taking without compensation.
If the court finds the Order to be an unreasonable exercise of
				the police power, and enters a finding that such Order shall not apply to the
				land of the petitioner, the Commissioner shall cause a copy of such finding to
				be recorded in the proper registry of deeds or, if the land is registered, in
				the registry district of the land court.
The Department may, after a finding has been entered that such
				Order shall not apply to certain land as provided in the preceding paragraph,
				take the fee or any lesser interest in such land in the name of the
				Commonwealth by eminent domain under the provisions of M.G.L. c. 79 and hold
				the same for the purposes set forth in 302 CMR 3.18.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 3.00 - SCENIC AND RECREATIONAL RIVERS ORDERS › Section 3.19 - Public Meetings

Current through Register 1525, July 5, 2024
The Commissioner may, from time to time, hold public meetings
				in any municipality in which rivers and streams are located, for the purpose of
				describing or explaining the status of the Scenic Rivers' Program or any other
				aspect of the Program.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 3.00 - SCENIC AND RECREATIONAL RIVERS ORDERS › Section 3.20 - Effect on Other Orders

Current through Register 1525, July 5, 2024
All Orders adopted under M.G.L. c. 21A, § 11C, prior to
				the effective date of
				302 CMR 3.00, shall remain in
				full force and effect.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 3.00 - SCENIC AND RECREATIONAL RIVERS ORDERS › Section 3.21 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				302 CMR 3.00 is held to be
				invalid, such invalidity shall not affect any provision of
				302 CMR 3.00 not specifically
				held to be invalid.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 5.00 - Reserved

Current through Register 1525, July 5, 2024
REGULATORY AUTHORITY
302 CMR 5.00: M.G.L. c. 21A, §§ 2(2), (5), (9)
				through (11), (13), (15), (16), and (28); c. 132A, §§ 13 through 16,
				18.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 8.00 - Major Capital Improvements Within The Mt. Greylock State Reservation › Section 8.01 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Authority
.
			 302 CMR 8.00 is promulgated by
			 the Board of Environmental Management pursuant to the authority granted to it
			 under St. 1985, c. 676.
(2)
Purpose St. 1985, c. 676
. The Mt. Greylock State
			 Reservation benefits the Commonwealth with unique scenic, natural and historic
			 qualities. The purpose of St. 1985, c. 676 is to create a regional economic
			 facility area in the form of a joint public and private development of Greylock
			 Glen, involving lands immediately adjacent to the reservation and the limited
			 use of a portion of the reservation lands, as well as to provide that the
			 unique scenic, natural and historic qualities of the reservation will be
			 protected. St. 1985, 676 requires the unanimous consent of the members of the
			 Board of Environmental Management for certain specified actions affecting the
			 reservation, among them "major capital improvements within the Mt. Greylock
			 State Reservation, as defined in regulations to be promulgated by the Board of
			 Environmental Management".
			 302 CMR 8.00, applies to all
			 reservation land but do not apply to the "land" (the Greylock Glen parcels) and
			 the "abutting reservation land" (a portion of the Theil Farm) as more
			 particularly defined in St. 1985
			 302 CMR 8.00 and
			 herein.
(3)
Purpose
			 302 CMR 8.00
.
			 302 CMR 8.00 is promulgated to
			 create uniformity of procedures, to help clarify the provisions of St. 1985, c.
			 676 by establishing standard definitions and procedures; and to provide for an
			 orderly and structured approach to planning for proposed major capital
			 improvements within the regulated portions of the reservation while allowing
			 enough flexibility to accommodate unexpected events and routine maintenance and
			 management.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 8.00 - Major Capital Improvements Within The Mt. Greylock State Reservation › Section 8.04 - Exemptions

Current through Register 1525, July 5, 2024
Board approval shall not be required for the following specific
				activities which need not be included in the Major Capital Improvements
				Plan:
(a) General and routine
			 maintenance, rehabilitation and repairs which do not enlarge existing structure
			 and facilities.
(b) Construction of
			 open-faced shelters and lean-tos.
(c) Directional signs, conforming to the
			 Department's sign standards.
(d)
			 Privies along trails and in campgrounds.
(e) Existing agricultural
			 activities.
(f) Logging operations
			 approved under M.G.L. c. 132, § 40
et seq
. (the Forest
			 Cutting Practices Act)
(g)
			 Silvacultural Practices
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 8.00 - Major Capital Improvements Within The Mt. Greylock State Reservation › Section 8.05 - Interpretation

Current through Register 1525, July 5, 2024
In the event that a question arises as to the determination of
				whether a capital improvement is major or exempt from approval, that
				determination shall be made by the board, acting with the advice of Department
				counsel upon the request of the Regional Forests and Parks
				Supervisor.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 8.00 - Major Capital Improvements Within The Mt. Greylock State Reservation › Section 8.06 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				302 CMR 8.00 or the
				application thereof is held to be invalid by a court of competent jurisdiction,
				such invalidity shall not affect other provisions or the application of any
				part of
				302 CMR 8.00 not specifically
				held invalid, and to this end the provisions of
				302 CMR 8.00 thereof are
				declared to be severable.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 10.00 - Dam Safety › Section 10.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				302 CMR
				10.00 is to provide regulatory guidelines for the
				safety of dams by establishing reasonable standards and to create a record for
				public review of the performance of a dam.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 10.00 - Dam Safety › Section 10.02 - Application

Current through Register 1525, July 5, 2024
302 CMR
				10.00 shall apply to the registration of dams, safety
				inspections, owner responsibilities, applications for review and approval of
				plans for the construction, alteration, modification, repair, enlargement, and
				removal of dams, quality assurance of construction, acceptance of construction,
				notification of intent to construct, and emergency action plans.
				302 CMR
				10.00 shall apply to any dam, as defined in
				302 CMR 10.03,
				constructed, altered or used to store and/or divert water in Massachusetts.
				Certain structures defined in
				302 CMR 10.03 are
				exempt from
				302 CMR
				10.00.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 10.00 - Dam Safety › Section 10.04 - Exclusions

Current through Register 1525, July 5, 2024
Dams owned and operated by the United States, its agencies or
				any person who operates a dam owned by the United States are excluded from the
				provisions in
				302 CMR
				10.00, together with dams and reservoirs licensed and
				subject to inspection by the Federal Energy Regulatory Commission (FERC)
				provided that a copy of all FERC approved periodic inspection reports are
				provided to the Department. All other dams are subject to 302 CMR10.00 unless
				exempted in writing by the Commissioner, M.G.L. c. 253, §§ 44 through
				48, or
				302 CMR
				10.00. Examples of exempt dams could be temporary
				drainage detention ponds, depending upon size and other considerations, surface
				impoundments (other than water) for industrial or commercial wastes which are
				regulated by other agencies or storage tanks.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 10.00 - Dam Safety › Section 10.05 - Registration

Current through Register 1525, July 5, 2024
(1)
General
. The
			 purpose of registration is to establish a public record for the dam.
(2) The owner of any dam subject to
			 302 CMR
			 10.00 shall cause to be filed with the Commissioner,
			 within 30 days following notice by him, on a form prescribed by him, a Dam
			 Registration Form containing the name of the owner, the location and dimensions
			 of such dam and such other information as the Commissioner may reasonably
			 require.
(3) A registration form
			 shall not be deemed received by the Commissioner until all information required
			 by statute or
			 302 CMR
			 10.00 is furnished.
(4) In the event that the owner fails to file
			 the dam registration form in the time prescribed, the Commissioner may notify
			 the owner of such failure and offer a 30 day grace period after which a
			 Certificate of Non-compliance will be issued and recorded at the Registry of
			 Deeds in the county where the dam lies, with all costs of recording, and
			 interest thereon, to be assessed against the owner.
(5) Upon receipt and approval of the Dam
			 Registration Form, a Certificate of Registration will be issued to each owner.
			 Within 14 days of receipt such Certificate of Registration must be recorded by
			 the owner at the Registry of Deeds in the county where the dam lies, and a copy
			 of the recorded Certificate filed with the Commissioner within ten days of
			 recording.
(6) The owner shall
			 notify the Commissioner by registered or certified mail, of the proposed
			 transfer of legal title of such dam 30 days prior to any such transfer. Upon
			 receipt of such notice, a new Certificate of Registration will be issued. Such
			 Certificate shall contain any outstanding obligations of the registered owner
			 under M.G.L. c. 253, §§ 44 through 50.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 10.00 - Dam Safety › Section 10.07 - Inspection Schedule

Current through Register 1525, July 5, 2024
(1) Upon the failure of
			 an owner to file a dam inspection report within the time prescribed, the
			 Commissioner or his or her designee, in accordance with M.G.L. c. 253, §
			 47 may enter upon the property on which the Department's jurisdictional dam(s)
			 and appurtenant works lie at any time to conduct any kind of dam safety
			 evaluation(s) and/or action(s) as required, and/or to obtain the requisite
			 information. In addition to the assessed fines described in
			 302 CMR 10.15, the cost to
			 the Commonwealth of conducting the inspection and producing the inspection
			 report(s) plus interest shall be assessed against the owner in this
			 case.
(2) Dam owners shall
			 periodically inspect all dams in accordance with the following schedule. These
			 time periods are the maximum time between inspections; more frequent
			 inspections may be performed at the discretion of the Commissioner.
PHASE I FORMAL INSPECTION
				FREQUENCY
Hazard Potential
Inspection Frequency
Low
Ten Years
Significant
Five Years
High
Two Years
ADDITIONAL INSPECTION FREQUENCY
(a) High and Significant Hazard potential
			 dams whose condition have been determined to be poor or unsafe by inspection
			 must be inspected and reported at least every three months by a registered
			 professional engineer employed by the owner until the dam safety repairs are
			 completed and the dam is found to be in satisfactory condition, unless
			 otherwise ordered by the Commissioner. Such inspections shall be termed
			 Follow-up Inspections and shall be submitted to the Office of Dam
			 Safety.
(b) Any dam determined to
			 be in poor or unsafe condition may be required to be monitored during
			 anticipated rain/runoff events as ordered by the Commissioner.
(c) All inspections, monitoring data and
			 updates on the condition of the dam shall be provided by a registered
			 professional engineer to the Office of Dam Safety and local emergency
			 management officials until the dam is brought into compliance with dam safety
			 requirements.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 10.00 - Dam Safety › Section 10.09 - Dam Construction, Repair, Alteration, Breach or Removal Permit

Current through Register 1525, July 5, 2024
(1)
General
			 Application
. Any person(s) who proposes to construct, repair,
			 materially alter, breach or remove a dam, pursuant to M.G.L. c. 253, must file
			 with the Commissioner a permit application to determine whether or not a
			 Chapter 253 Dam Safety Permit is required. Routine maintenance-related work
			 such as mowing, brush cutting, spillway debris removal and other site
			 maintenance does not require a Chapter 253 Dam Safety Permit. Approved permits
			 issued by the Commissioner do not relieve the applicant from required
			 compliance with M.G.L. c. 131, § 40, and, where applicable, M.G.L. c. 131,
			 §§ 5C and 19. Applications shall be sent by certified mail, return
			 receipt requested. All permit applications must comply with DCR's standard
			 design and construction criteria
(see
302 CMR
			 10.14 ). If the Commissioner determines that
			 the proposed dam falls within the jurisdiction of
			 302 CMR
			 10.00, the owner must complete the construction,
			 repair, alteration, breach or removal permit application as follows:
(a)
Preliminary
			 Report
. The Permit application for any dam shall include a
			 preliminary report. (Filing of the preliminary report prior to filing the final
			 report, early in the site investigation and design schedule, is encouraged to
			 assure the Commissioner's concurrence with the hazard potential classification,
			 site investigations, design concept and required design analysis and supporting
			 data.) The preliminary report shall be filed with the permit application and
			 shall include, but not be limited to, the following information:
1. completion of all required information on
			 the application;
2. maps showing
			 the location of the proposed structure that include the county, location of
			 state roads, access to site, and outline of the reservoir (aerial photographs
			 or U.S. Geological Survey may be used);
3. preliminary drawings or sketches that
			 include cross sections, plans and profiles of the dam, proposed pool levels,
			 and type of all spillways;
4.
			 preliminary design criteria and basis for selection including a description of
			 the size, ground cover conditions, and extent of development of the watershed,
			 drainage area, spillway design storm, geology and geotechnical engineering
			 assumptions for the foundation and embankment materials, and type of materials
			 used in the principal spillway(s); and
5. book and page number of location of the
			 dam as recorded in the Registry of Deeds with the name of the
			 Registry.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 10.00 - Dam Safety › Section 10.10 - Revocation, Suspension, or Modifications of Chapter 253 Permits

Current through Register 1525, July 5, 2024
Chapter 253 Permits may be revoked, suspended, modified or
				denied by the Commissioner for causes including, but not limited to, the
				following:
(1) Violation of any permit
			 condition;
(2) Failure to fully
			 disclose all relevant facts or obtaining a permit through
			 misrepresentation;
(3) Violation of
			 any provisions of M.G.L. c. 253 or
			 302 CMR
			 10.00;
(4)
			 Change or newly discovered condition or circumstance that makes or would make
			 the dam unsafe; or
(5) Change of
			 conditions develop that are hazardous to life and/or property.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 10.00 - Dam Safety › Section 10.11 - Emergency Action Plans

Current through Register 1525, July 5, 2024
All dams classified as High Hazard Potential or Significant
				Hazard Potential shall have an Emergency Action Plan (EAP) submitted to the
				Commissioner and the Massachusetts Emergency Management Agency. All EAPs shall
				be updated annually and their format shall be in accordance with guidelines
				established by ODS which will be posted and updated on the ODS website.
				Approval to construct a new Significant Hazard Potential dam or High Hazard
				Potential dam shall be contingent upon the submission of an EAP to the
				Commissioner. All EAPs are subject to approval by the Commissioner.
(1)
High Hazard Potential
			 Dams
. High Hazard Potential EAPs shall, at a minimum, contain the
			 following:
(a) Identification of equipment,
			 manpower and material available for implementation of the plan;
(b) A notification procedure, including
			 Flowchart, for informing the local emergency agencies;
(c) A dam failure inundation map showing the
			 stream which will be flooded, as well as the impacted downstream environment.
			 The inundation map shall be developed by engineering modeling and methods
			 subject to review by the Commissioner and shall display the timing and
			 attenuation of the dam breach flood at strategic locations; and
(d) A procedure for warning downstream
			 residents if failure of the dam is imminent, and a listing of addresses and
			 telephone numbers of downstream residents who may be affected by the failure of
			 the dam. If an automatic notification procedure is available within the town
			 such as a reverse 911 or comparable alert system, this may augment or
			 substitute for a traditional telephone list, subject to approval by the
			 Commissioner.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 10.00 - Dam Safety › Section 10.12 - Records

Current through Register 1525, July 5, 2024
Upon request by the Commissioner, an owner shall make available
				for inspection and review, all plans, specifications and other such pertinent
				material relating to the dam. The Commissioner shall return all such material
				upon completion of his inspection.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 10.00 - Dam Safety › Section 10.13 - Liability

Current through Register 1525, July 5, 2024
(1) The owner shall be responsible and liable
			 for damage to property of others or injury to persons, including but not
			 limited to, loss of life resulting from the operation, failure of or
			 mis-operation of a dam.
(2)
								302 CMR
			 10.00 shall not relieve from or lessen the
			 responsibility of any person owning, or operating a dam from any damages to
			 persons or property caused by defects, nor shall the Commissioner be held
			 liable by reason of any inspections, technical documents or permits
			 issued.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 10.00 - Dam Safety › Section 10.15 - Fines

Current through Register 1525, July 5, 2024
Fines shall be levied for a failure to comply with the
				following nonexclusive list of requirements:
(1)
Fines for Non-compliance with
			 the Following Requirements
(but not necessarily limited to):
(a) Failure to register a dam with the Office
			 of Dam Safety and the Registry of Deeds will result in fines up to
			 $5,000.00.
(b) Failure to notify
			 the Office of Dam Safety of the transfer of a dam from one owner to another
			 will result in fines up to $5,000.00.
(c) Failure of the owners of High Hazard
			 Potential and Significant Hazard Potential dams to hire a qualified Registered
			 Professional Engineer to provide compliant Emergency Action Plans and required
			 updates to the Office of Dam Safety and the Massachusetts Emergency Management
			 Agency will result in fines up to $5,000.00.
(d) Failure of the owners to provide the
			 Office of Dam Safety with an Inspection Report that is in compliance as to
			 content and frequency of inspection as provided for in
			 302 CMR
			 10.00 will result in fines up to $5,000.00.
(e) Failure of a dam owner to comply with the
			 requirements of a Certificate of Non-compliance and Dam Safety Order pursuant
			 to a dam determined to be in Poor or Unsafe Condition will result in fines up
			 to $5,000.00.
(f) Failure of an
			 owner to obtain a Chapter 253 Dam Safety Permit prior to performing any dam
			 work such as alteration, breach, removal or substantial repairs will result in
			 fines up to $5,000.00.
(g) Failure
			 of the owners to comply with the conditions of a Chapter 253 Dam Safety Permit
			 will result in fines up to $5,000.00.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 10.00 - Dam Safety › Section 10.16 - Severability

Current through Register 1525, July 5, 2024
If any section, subsection, division or subdivision of
				302 CMR
				10.00 shall be determined to be invalid, such
				determination shall apply only to the particular section, subsection, division
				or subdivision, and all other provisions of
				302 CMR
				10.00 shall remain valid in full force and
				effect.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 11.00 - Parkways, Traffic, And Pedestrian Rules › Section 11.01 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Purpose
.
			 302 CMR 11.00 governs the
			 conduct of activities on property of the Commonwealth owned by, or under the
			 care, custody, and control of the Department of Conservation and
			 Recreation.
(2) The provisions of
			 302 CMR 11.00 establish
			 minimum requirements. The Commissioner may, in his or her discretion, impose
			 additional obligations or requirements as necessary.
(3)
Construction
.
(a)
									302 CMR 11.00 shall be
			 liberally construed to permit the Department of Conservation and Recreation to
			 discharge its statutory functions.
(b) The Commissioner of the Department of
			 Conservation and Recreation may, in the public interest, or in an emergency,
			 suspend the application of any section of
			 302 CMR 11.00.
(c) The Commissioner of the Department of
			 Conservation and Recreation may waive any provision or requirement in
			 302 CMR 11.00 not
			 specifically required by law when, in the Commissioner's judgment, 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, § 1; M.G.L. c.
			 92, §§ 33, 34B, 35, 35A, 37, 38, 41, 95; M.G.L. c. 132A, §§
			 2D, 7, 7A; St. 1981, c. 746; St. 2004, c. 41 and St. 2011, c. 68, §
			 29.
(d) No provision of
			 302 CMR 11.00 shall make
			 unlawful any act necessarily performed by any officer or employee of the
			 Department of Conservation and Recreation performed in the line of duty or as
			 part of their work duties, or by any person acting as an agent of the
			 Department of Conservation and Recreation or its employees. This shall be true
			 for any person or their agents engaged in performing the proper and necessary
			 execution of the terms and conditions of any agreement with the Department of
			 Conservation and Recreation.
(e)
Severability
. If any chapter, section, subsection,
			 division, or subdivision of
			 302 CMR 11.00 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 11.00 shall remain
			 valid and in effect.
(f) The
			 Department of Conservation and Recreation may post rules restricting particular
			 activities as to designated areas and/or times.
(g)
									302 CMR 11.00 shall apply to
			 all DCR property within the Division of State Parks and Recreation, except that
			 parking violations as noted in 302 CMR 11.04 and 302 CMR 11.11 shall apply to
			 all DCR property, including property under the control of the Division of Water
			 Supply Protection.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 11.00 - Parkways, Traffic, And Pedestrian Rules › Section 11.05 - Rules Relating to Pedestrians

Current through Register 1525, July 5, 2024
(1)
Pedestrians Crossing DCR Roadways
.
(a) Pedestrians shall obey the directions of
			 any DCR ranger, authorized law enforcement official or other authorized DCR
			 personnel directing traffic, and whenever there is such an authorized official
			 directing traffic, any traffic control signal, traffic control sign, traffic
			 control device, or a marked crosswalk within 300 feet of a pedestrian, no
			 pedestrian shall cross a roadway except within the limits of a marked crosswalk
			 and as hereinafter provided in
			 302 CMR 11.00.
(b) A pedestrian may cross only on the proper
			 pedestrian signal indication. At traffic control signal locations where no
			 pedestrian indication is provided, pedestrians shall cross only on the green
			 indication.
(c) At a traffic
			 control signal location, pedestrians shall yield the right of way to vehicles
			 of a funeral or other procession or authorized emergency vehicle while in the
			 performance of emergency duties regardless of the signal indication given, and
			 they shall not attempt to cross the DCR roadway until such vehicles or
			 procession has passed, at which time pedestrians shall then cross the roadway
			 only as provided in
			 302 CMR 11.00.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 11.00 - Parkways, Traffic, And Pedestrian Rules › Section 11.06 - Rules Relating to Treatment of DCR Property

Current through Register 1525, July 5, 2024
(1)
Piling Snow on DCR Property
			 or Roadways
. No person, other than an employee of the DCR or an
			 employee in the service of an independent contractor legally acting on behalf
			 of the DCR, may pile, push or plow snow or ice onto any DCR roadway or other
			 DCR property.
(2)
Snow
			 and Ice on Sidewalks
. No person owning or operating land abutting
			 a sidewalk or DCR roadway may place or suffer to remain, for more than three
			 hours between sunrise and sunset, any snow upon such sidewalk, or any ice upon
			 such sidewalk or DCR roadway, unless such ice is made even and covered with
			 sand, sawdust or other appropriate material for the purpose of preventing
			 pedestrian or vehicular slipping; nor may any person remove ice or snow from
			 privately owned property and place them upon any DCR sidewalk, DCR roadway or
			 other DCR property.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 11.00 - Parkways, Traffic, And Pedestrian Rules › Section 11.08 - Construction and Access Permits

Current through Register 1525, July 5, 2024
(1)
General
.
(a) No DCR
			 parkway or other DCR property may be dug up or physically modified, nor opening
			 made therein, for any purpose without a construction and access permit. In
			 addition to the foregoing, a construction and access permit shall be required,
			 prior to the commencement of work on a project, for:
1. a change in use of an existing residential
			 or commercial driveway onto a DCR parkway or other DCR property that results in
			 a substantial increase in or impact on traffic over the current use;
			 or
2. construction of new, or
			 change in use of an existing, residential or commercial driveway from
			 properties that abut DCR parkways or other DCR property to serve a building or
			 facility, or expansion of a building or facility, that generates a substantial
			 increase in or impact on traffic over the current use.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 11.00 - Parkways, Traffic, And Pedestrian Rules › Section 11.09 - Variance

Current through Register 1525, July 5, 2024
(1)
General
. The Department recognizes that the literal
			 application of
			 302 CMR 11.00 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 11.00, 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 11.00.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 11.00 - Parkways, Traffic, And Pedestrian Rules › Section 11.10 - 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 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. 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 11.00 - Parkways, Traffic, And Pedestrian Rules › Section 11.12 - Fines and Penalties

Current through Register 1525, July 5, 2024
(1)
Parking Penalties
. Violations of any parking
			 provisions found at
			 302 CMR 11.00 or
			 12.00:
Parks and
			 Recreation Rules
shall be punishable by penalties, which apply per
			 incident, as noted below (violation numbers noted refer to the corresponding
			 section of 302 CMR 11.04):
Violation Code Number and
							 Designation:
(3) No Stopping
$100
(4) Fire Hydrant
$150
(5) Within Intersection
$50
(6) Restricted Area (Boston,
							 Cambridge)
$60
(6) Restricted Area (except Boston,
							 Cambridge)
$40
(7) Time Limitation
$40
(8)(c) Emergency Areas/Emergency
							 Restrictions
$60
(9) Bicycle Lane
$40
(10) Obstructing Snow Plowing Snow Removal, Street
							 Cleaning/Maintenance
$60
(11) Double Parking
$40
(12) Obstructing Public
							 Transportation
$50
(13) Public Transportation Stop
$100
(14) Obstructing Driveways, DCR Roadways, and Other
							 Restricted Areas
$100
(15) Crosswalk/Sidewalk
$100
(16) Expired/Invalid Registration
							 Plate
$60
(17) Expired/Invalid Certificate of
							 Inspection
$60
(18) Railroad or Street Railway
							 Crossing
$100
(19) Travel Lane
$60
(20) Bridge, Viaduct, Underpass, Tunnel, Traffic
							 Island
$100
(21) Fire Station, Entrance or Exit
$80
(22) Parking in Wrong Direction
$40
(23) Parking More than One Foot from
							 Curb
$60
(24) Designated Parking Spaces
$40
(25) Loading Zone
$40
(26) Handicap Parking
$200
(27) Handicap Ramp
$100
(28) Department Gates - Access Area
$40
(29) Parkland
$40
(30) Live Parking
$60
(31) Taxi Cab - Cabstands
$60
(32) Resident Permit Parking
$60
(33) Metered Parking
$40
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 11.00 - Parkways, Traffic, And Pedestrian Rules › Section 11.13 - Appeals

Current through Register 1525, July 5, 2024
(1) A party who is
			 aggrieved by a DCR decision may appeal such decision under M.G.L. c. 30A.
			 Appeals to DCR decisions will be conducted in accordance with the regulatory
			 provisions found at
			 801 CMR 1.00:
Standard
			 Adjudicatory Rules of Practice and Procedure
.
(2)
Appeal of Parking
			 Citation
.
(a) In
lieu
of payment, within 21 days from the date of issuance of a
			 parking citation, a request for a hearing may be made in writing by the
			 registered owner of the ticketed vehicle, to the Office of the Parking Clerk,
			 DCR, at the posted address or website URL indicated on the parking
			 citation.
(b) The parking clerk or
			 his or her designee shall act as hearing officer and shall hold an informal
			 hearing in accordance with the timeframe provided in
			 801 CMR
			 1.02:
Informal/Fair Hearing
			 Rules
.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 11.00 - Parkways, Traffic, And Pedestrian Rules › Section 11.14 - 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 12.00 - Parks And Recreation Rules › Section 12.01 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Purpose
.
			 302 CMR
			 12.00 governs the conduct of activities on property of
			 the Commonwealth under the care, custody, and control of the Department of
			 Conservation and Recreation.
(2)
			 The Commissioner may make any regulatory provision in
			 302 CMR
			 12.00 more stringent than that set forth in the
			 particular provision.
(3)
Construction
.
(a)
									302 CMR
			 12.00 shall be liberally construed to permit the
			 Department of Conservation and Recreation to discharge its statutory
			 functions.
(b) The Commissioner of
			 the Department of Conservation and Recreation, may, in the public interest, or
			 in an emergency, suspend the application of any section of
			 302 CMR
			 12.00.
(c)
			 The Commissioner of the Department of Conservation and Recreation may waive any
			 provision or requirement in
			 302 CMR
			 12.00 not specifically required by law when in the
			 Commissioner's judgment 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, § 1; M.G.L. c. 132A, § 7; M.G.L. c. 92 §§ 33,
			 34B, 35, 35A, 37, 38, 41 and 95A; and St. 2003, c. 41.
(d) No provision of
			 302 CMR
			 12.00 shall make unlawful any act necessarily
			 performed by any officer or employee of the Department of Conservation and
			 Recreation performed 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 of Conservation and
			 Recreation 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 of Conservation and
			 Recreation.
(e)
Severability
. If any chapter, section, subsection,
			 division or subdivision of
			 302 CMR
			 12.00 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
			 12.00 shall remain valid and in effect.
(f) The Department of Conservation and
			 Recreation may post rules restricting recreational activity as to designated
			 areas and/or times.
(g)
Lands and Waters of the Watershed System
.
			 302 CMR
			 12.00 shall apply to all DCR property without the
			 Division of Water Supply Protection.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 12.00 - Parks And Recreation Rules › Section 12.03 - Hours of Operation

Current through Register 1525, July 5, 2024
(1) Unless
			 otherwise posted, permitted or provided, DCR property shall be open to the
			 public from ½ hour before sunrise to ½ hour after sunset as
			 published by the National Weather Service.
(2) The use of DCR roadways and bridges is
			 not limited to the hours in 302 CMR 12.03(1).
(3) The use of DCR property for snowmobiling,
			 fishing, camping, and other authorized nighttime activities is not limited to
			 the hours of operation provided in 302 CMR 12.03(1).
(4)
Temporary Closing of DCR
			 Property
.
(a) The Commissioner
			 may limit or restrict access to or use of DCR property due to potential or
			 immediate hazard, emergency, hazardous weather, water, fire, construction,
			 maintenance or other public health, safety or welfare concerns, or detrimental
			 impacts on the property, nature, wildlife, or the environment of the DCR
			 property in compliance with Massachusetts or Federal laws or
			 regulations.
(b) No person may
			 enter, use or occupy any closed area of a DCR property.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 12.00 - Parks And Recreation Rules › Section 12.05 - Rules of Conduct on DCR Properties - Appalachian Trail

Current through Register 1525, July 5, 2024
(1) The Appalachian Trail is intended
			 primarily as a primitive footpath and is managed and maintained for that
			 purpose.
(2) No person shall
			 operate any snow vehicle, recreation vehicle, or other vehicle, or ride a
			 bicycle, electric bicycle, motorized conveyance, horse, or other animal upon
			 any portion of the Appalachian Trail except at designated crossings.
(3) No person shall camp along the
			 Appalachian Trail except in designated campsites, camping structures or shelter
			 areas.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 12.00 - Parks And Recreation Rules › Section 12.07 - Rules of Conduct on DCR Properties - Boating

Current through Register 1525, July 5, 2024
(1)
			 All boating activities must comply with the provisions of M.G.L. c.
			 90B.
(2) No person may launch or
			 use any watercraft of any nature or type, including personal watercraft, where
			 it is posted as prohibited. Emergency launching is allowed at all
			 times.
(3) No person may operate
			 any watercraft or personal watercraft in excess of the posted speed limit. If
			 no speed limit is posted, the speed limit shall be 12 miles per hour, except
			 that when lawfully towing water skiers, maximum speed shall not exceed 45 miles
			 per hour.
(4) No person, other than
			 DCR personnel or law enforcement officials, may operate or cause to operate or
			 pilot any watercraft, personal or otherwise, within the boundaries of any DCR
			 designated swimming area.
(5) No
			 person may operate any watercraft or personal watercraft in excess of headway
			 speed when said watercraft or personal watercraft is within 150 feet of any
			 channel, tunnel, pier, mooring, wharf or floating structure or designated
			 swimming area.
(6) Inflatable boats
			 are allowed in those areas where boating is allowed if the inflatable is
			 crafted with a minimum of two separate air cells in the gunwales and two or
			 more separate air cells in the floor; or if the inflatable boat is crafted with
			 a non inflatable hull of material normally associated with traditional boat
			 construction.
(7) No person may
			 water ski on DCR property, including but not limited to any lake, pond or beach
			 area unless the area has been designated and posted for such use.
(8) In areas designated as allowing water
			 skiing, no person may:
(a) Tow any water skier
			 at any time, unless there are at least two persons present in the towing
			 watercraft, one person is acting as a safety observer for the skier(s), and
			 said observer is 12 years of age or older.
(b) While being towed by a watercraft, have
			 any airfoil or balloon device, parasail, kite or other such device, in hand or
			 affixed to his person for the purpose of becoming airborne.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 12.00 - Parks And Recreation Rules › Section 12.09 - Rules of Conduct on DCR Properties - Fires, Burning

Current through Register 1525, July 5, 2024
(1) Any fire, ember, or burning briquettes
			 shall be continuously under the care and direction of a competent adult from
			 the time of kindling until it is extinguished. DCR properties may be designated
			 where fires shall be limited to gaseous or flammable liquid fuels
			 only.
(2) No person within the
			 confines of any DCR property shall throw away or discard, unless in a
			 designated receptacle, any match, cigarette, cigar, embers or briquettes,
			 whether burning or not, or any other burning object which has not been entirely
			 extinguished.
(3) No person may
			 kindle, build, maintain, or use a fire of any type other than within grills or
			 fire rings intended for such use at designated picnic and camping areas.
			 Portable stoves using gaseous or flammable liquid fuels and charcoal grills,
			 hibachis, and other apparatus for cooking may be used in other locations at a
			 designated camping site if permission to do so is granted by DCR
			 personnel.
(4) DCR personnel may
			 limit the size of all campfires and may prescribe safety precautions.
(5) A person must extinguish all smoking
			 materials and fires, and refrain from building fires, in areas where:
(a) DCR has made a determination of extreme
			 fire hazard;
(b) the existence of
			 an extreme fire hazard has been posted; or
(c) DCR personnel have communicated the
			 same.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 12.00 - Parks And Recreation Rules › Section 12.10 - Rules of Conduct on DCR Properties - Golf Courses

Current through Register 1525, July 5, 2024
(1) United States Golf Association rules
			 govern all play on DCR golf courses.
(2) Players must rake bunkers, repair ball
			 marks, and replace divots.
(3) Each
			 player must have a golf bag and clubs.
(4) No player may wear a tank top, cut-off
			 shorts, work boots or other inappropriate attire on the golf course.
(5) A player must retain his or her receipt
			 while playing.
(6) Private coolers
			 are not allowed.
(7) All drive and
			 pull carts must be kept 30 feet from greens and tees.