302 Mass. Reg. 12.04

Current through Register 1521, May 10, 2024
Section 12.04 - Rules of Conduct on DCR Properties - Generally
(1) Each person utilizing any DCR property shall maintain and leave it in a clean and sanitary manner or condition.
(2) All persons must adhere to any and all reasonable requests or directions of DCR personnel or law enforcement officials.
(3) Each person on DCR property shall abide by all applicable local, Commonwealth of Massachusetts and United States laws and regulations.
(4) No person may engage in disorderly conduct including, without limitation, drunkenness, rough play, pushing, shoving, breach of the peace or unnecessary noise offensive to the general public, use of profanity, vulgar or obscene language, or other language that may incite fighting or harm to DCR Personnel or to the public.
(5) No person shall have possession of or discharge any firearm or pellet gun in violation of the laws and regulations of the Commonwealth.
(6) No person shall discharge any weapon that discharges projectiles including, but not limited to, bow and arrow and crossbow, unless such items are being utilized for hunting in compliance with laws and regulations governing such activities.
(7) No person shall have possession of a paint ball gun or paint ball gun ammunition.
(8) No person, unless authorized by law, license, or permit, shall have possession of or discharge any fireworks or other explosives.
(9) No person may sell, distribute, advertise or display cigarettes or other tobacco related products.
(10) No person may possess marijuana, unless for duly authorized medical use, in accordance with state law and regulation.
(11) No person may engage in games or activities which, due to the location or nature of the activity, may cause discomfort, fear or injury to a reasonable person or damage to property.
(12) With the exception of coastal and inland sandy beaches, no person may use or offer for use metal detectors, except with permission from DCR personnel, for the purposes of locating lost personal property.
(13) No person may deposit trash or any waste not generated during a stay at a DCR property in, on or near trash or recycling receptacles or in any other location on DCR property.
(14) No person may enter upon the frozen water of the DCR for the purpose of ice skating, ice fishing, or for motorized or non-motorized purposes, when a prohibition against such use has been posted. A person utilizing said DCR bodies of frozen water engages in such activity at his or her own risk, and DCR assumes no responsibility either implied or express as to the safety of any persons who voluntarily engage in such a known, obvious and inherent risk associated with such frozen water activities.
(15) No person may be naked or otherwise expose genitals, buttocks, or breasts, or change or allow the changing of clothing or diapers except in an appropriate location such as a bathhouse, locker room, bathroom stall, or other similar facility. 302 CMR 12.04(15) does not apply to breastfeeding.
(16) No person may smoke in or on any DCR buildings, structures, camping structures, or in designated swimming, wading, or spray pool areas, or where posted as prohibited.
(17) No person may use or operate a kite-powered apparatus or hang glider on or over any DCR property, except at times and in areas designated for such use.
(18) No person may dive, jump, swim from, throw or launch themselves, or anyone or anything, from any DCR property such as a bridge or overpass, unless such activity has been authorized by DCR and appropriate posting or signage indicates such.
(19) No person shall distribute, erect or affix any handbill, circular, pamphlet, placard, sign, notice, billboard, poster, advertisement, memorial or any printed material on or in any DCR property, except in designated areas, in accordance with posted guidelines, or unless as otherwise duly authorized.
(20) Technical climbing, or mountaineering, of sufficient difficulty to require the use of ropes or other forms of specialized mountain climbing equipment to aid in ascent or descent, shall be allowed only in areas designated for such activity by DCR.
(21) No person may damage, disturb or remove any DCR property or resource, real, natural, personal, cultural or historic, except through hunting, fishing, or trapping where permitted and carried out in accordance with regulations issued by the Division of Fisheries and Wildlife, or other written authorization by the Department.
(22) No person may conduct archaeological investigation, unless permitted by the State Archaeologist in accordance with M.G.L. c. 9, § 27C and approved by the Division Director.
(23) The unanticipated discovery of historic artifacts or human remains shall be reported immediately to DCR.
(24) No tree or other vegetation shall be planted or removed from DCR property, unless authorized by the Division Director.
(25) No person shall operate or use a chain saw on DCR property without written DCR authorization such as a volunteer/stewardship agreement or memorandum of agreement.
(26) No memorial, plaque, obstruction or structure shall be placed on, changed or removed from DCR property, unless authorized by the Department.
(27) No person shall solicit, sell, rent, advertise or offer to sell or rent, hawk, peddle, display or distribute any goods, wares, tangible or intangible property, merchandise, liquids, edibles, services for hire, render any services for hire, or engage in or conduct any business, commercial or special activity or event on DCR property without an approved permit from the Department prior to engaging in such activities.
(28)Special Use Permit Required. Unless authorized by a special use permit issued in accordance with 302 CMR 12.17(2), no person may:
(a) Consume, possess, distribute, sell or drink alcoholic beverages;
(b) Engage in any lotteries, raffles, gambling and games of chance;
(c) Conduct any commercial use activity or event;
(d) Possess machinery, instruments or equipment of any kind for the use of conducting lotteries, raffles, gambling and games of chance;
(e) Operate or use any audio device, including radio, television, musical instruments, or other noise producing devices, such as electrical generators, or equipment driven by motor or engine, in a manner or at such times that may disturb others. 302 CMR 12.04(28)(e) shall not apply to campgrounds; operation of these devices or equipment at campgrounds shall be subject to the provisions in 302 CMR 12.08;
(f) Operate or use any public address system, whether fixed, portable or vehicle mounted;
(g) Except in an emergency, bring, take off, land or cause to descend on DCR property any airplane, helicopter, sea plane, so-called ultra-light aircraft, or any other apparatus;
(h) Conduct research which may damage, disturb or remove any DCR property or resource, real, natural, personal, cultural or historic;
(i) Promote, sponsor or engage in any race, rally or organized trial events on DCR property;
(j) Conduct parades, games, fairs, carnivals, circuses, bazaars or the like;
(k) Conduct activities for the purpose of fundraising or otherwise soliciting funds;
(l) Use or operate any air propelled power craft or hovercraft on or over any of the lands or waters of the DCR; and
(m) Operate a watercraft for livery or carrying passengers for hire.
(29)Recreational Use Permit Required.
(a) A recreational use permit is required for the use of certain DCR property including, but not limited to, athletic fields and courts, picnic pavilions, designated group day use areas, pools, meeting rooms.
(b) Groups planning organized group activities for 25 or more persons are required to apply for a recreational use permit issued in accordance with 302 CMR 12.17(4). (Certain group activities may require a special use permit issued in accordance with 302 CMR 12.17(2). Such activities are set out at 302 CMR 12.04(28).)
(c) Unless within commonwealth tidelands during daylight hours, a recreational use permit is required for scuba diving and snorkeling in areas not designated as swimming areas. (As to scuba diving or snorkeling in designated swimming areas, please refer to 302 CMR 12.06(7).)
(30) No person may erect or maintain any structure on DCR property, other than camping equipment erected in designated campsite areas, unless authorized by a special use permit or boating and waterfront permit issued in accordance with 302 CMR 12.17(2) or (3), or by a construction and access permit issued in accordance with 302 CMR 11.08: Construction and Access Permits.
(31) Youth organizations, agencies, and groups that wish to utilize DCR beaches and designated swimming areas for any group activity must obtain a recreational use permit or special use permit in accordance with 302 CMR 12.17(4) or (2).

302 CMR 12.04

Adopted by Mass Register Issue 1272, eff. 10/24/2014.
Amended by Mass Register Issue 1471, eff. 6/10/2022.