302 Mass. Reg. 12.02

Current through Register Vol. 1431; November 27, 2020
Section 12.02 - Definitions

The following words and phrases, when used in 302 CMR 12.00, shall have the meanings respectively ascribed to them in 302 CMR 12.02 except in those instances where the context clearly indicates a different meaning or is otherwise stated. Whenever any words and phrases used in 302 CMR 12.00 are 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 means any person 18 years of age or older within DCR property.

Anchor means 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, hook like arms that bury themselves in the bottom to provide a firm hold).

Appalachian Trail (AT) means 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 means 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.

Back country Camping means camping at remote, hike-in locations in designated areas, with no organized access to water, staff, or emergency services.

Ban means 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 means a two wheel non-motorized vehicle designed to be used both on and off paved surfaces and over unimproved terrain.

Boating means the use of watercraft, personal watercraft, or vessels.

Boulevard means 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, or other DCR approved traffic.

Bridge means a structural passage over water or land for pedestrian and/or vehicular traffic.

Camping means 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 means a yurt, cabin, lean-to or other structure intended as shelter while camping.

Campsite means an area designated and managed by DCR or a duly permitted licensee, for public camping in Massachusetts.

Car Top Boats means 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 means 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 means 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 means 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 means any person who receives compensation for walking one or more dogs.

Commercial Use is 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 means the Commissioner of the Massachusetts Department of Conservation and Recreation (DCR) or his or her designee.

Cultural Resource means 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 pre-historic 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 means the Massachusetts Department of Conservation and Recreation.

DCR Personnel means a person designated by the Commissioner to be responsible for the supervision, operation, protection and maintenance of a specifically designated DCR property.

DCR Property means 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, trail heads, parkways, boulevards, roadways, facilities, and structures.

DCR Ranger or Ranger means 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 means an area designated and managed by DCR or a duly permitted licensee, for public camping in Massachusetts.

Designated Swimming Area means 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 means 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 means 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 means the Director of State Parks and Recreation within the Department of Conservation and Recreation.

Domicile means a permanent legal residence.

EPO or Massachusetts Environmental Police Officer means 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 means 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 means 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 means capturing, killing, or trapping fish by any means, including angling with the use of a hook.

Float means 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 means 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 Boulevard, Parkway or Roadway as defined in 302 CMR 12.02.)

Forest Trail means 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 means 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 means 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 means, 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 means that area exposed to the air at low tide and submerged at high tide.

Kite-powered Apparatus means a wheeled vehicle, board or other equipment which is powered or towed by a kite.

Law Enforcement Officer/Official means 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.

Moor means to secure a watercraft to a floating or fixed structure or to secure to a pier, float, buoy or watercraft secured thereto.

Non-motorized Vehicle means a vehicle powered by anything other than a motor or engine.

Off Highway Vehicle (See Recreation Vehicle).

Operator means 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 means 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 means 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 means 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, or other DCR approved traffic.

Pedestrian means any person afoot or riding on a human-powered conveyance other than a bicycle or tricycle.

Permit means 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 means any individual, corporation, firm, partnership, company, association, trust, or other business or non-profit 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 means

(a)TYPE I: a coast guard approved device designed to turn an unconscious person in the water from a face downward position to a vertical or slightly backward position, and to have more than 20 pounds of buoyancy; acceptable for all size boats.
(b)TYPE II: a coast guard approved device designed to turn an unconscious person in the water from a face downward position to a vertical or slightly backward position and to have at least 15½ pounds of buoyancy; acceptable for all size boats.
(c)TYPE III: a coast guard approved device designed to keep a conscious person in a vertical or slightly backward position and to have at least 15½ pounds of buoyancy. While having the same buoyancy as TYPE II, the TYPE III has a lesser turning ability to allow for a comfortable design for water activities such as water skiing; acceptable for all size boats.
(d)TYPE IV : a coast guard approved device designed to be thrown to a person in the water and not worn; it is designed to have at least 16½ pounds of buoyancy; acceptable for all boats as a throwable device only.

Personal Watercraft means 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 Watercraft as defined in 302 CMR 12.02.)

Pet means 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 means to display in a place of public view in electronic or printed form.

Primary Occupant means the camping customer who is responsible for payment, registration, condition of the campsite, and all persons occupying the site.

Rail Trail means 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 means 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 means 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 means 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 means 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 means the place, usually a house, in which a person dwells or resides.

Roadway means 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, or other DCR approved traffic.

Safari Camping means a campsite intended for family camping and RV clubs, consisting of self-contained units with on-board fresh water and sewage holding tanks.

Service Animal means 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 this definition. 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 this definition.

Sewage means 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 means 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 means 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 means 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 means 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 means pedestrians, 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 means an established and designated linear path or route designed and maintained for recreational activities.

Trapping means 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 means 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 means 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 means 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 means 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 means 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 means 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 means 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 means 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 as Roadway, Boulevard or Parkway.

Wheelchair means 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.

302 CMR 12.02

Adopted by Mass Register Issue 1272, eff. 10/24/2014.