302 Mass. Reg. 12.17

Current through Register Vol. 1431; November 27, 2020
Section 12.17 - Permits
(1)General Provisions.
(a) In a duly issued permit, and subsequent to issuance, the DCR may place stipulations on the permitted use, including, but not limited to, the type of use, timing, location, duration and volume.
(b) No permit will have a duration greater than five years, unless otherwise authorized by law.
(c) An applicant must comply with any and all terms and conditions contained within a permit. Any act authorized pursuant to a permit may be performed only by the person(s) named therein, and any such authorizations may not be assigned or delegated, except as provided by such permit.
(d) Unless otherwise stated in the permit, a permittee is solely responsible for all utility costs including, but not limited to, gas, electricity, heat, telephone, water and sewer.
(e) A permittee must comply, at the permittee's exclusive expense, with all applicable federal, state and local statutes, laws, ordinances, rules, regulations and policies.
(f) A permit does not confer on the permittee any rights in real property.
(g) A permittee may not assign, delegate, sublease, transfer or otherwise dispose of its management responsibilities or of any right, duty, interest or use of the DCR property which is the subject of the permit, except as provided by such permit.
(h) All person(s) receiving a permit must agree, in writing, to indemnify, defend and hold the Commonwealth, the DCR, its employees and agents harmless against all claims relating to or arising out of the use of DCR property and from any claims for personal injury or death or damage to personal property, of whatever kind or nature, arising from the permittee's activities in the permitted area, including, but not limited to, claims arising from the recklessness, negligence or carelessness of the permittee, its contractors, agents, representatives, employees, permittees, licensees, guests and invitees, as authorized therein and claims arising from the permittee's failure to provide adequate security in the permitted area. The DCR may also require the permittee to obtain liability insurance with limits of coverage sufficient to support the permittee's obligation to indemnify and hold the Commonwealth and DCR harmless.
(i) The permittee shall agree in writing not to make any claims against the Common wealth or the DCR for any injury, loss or damage to persons, including, but not limited to, bodily injury or death, or damage to property arising out of or in connection with the actions or omissions of the permittee, its contractors, agents, representatives, employees, permittee, licensees, guests and invitees, as authorized therein.
(j) The permittee shall, in writing, assume all risk in connection with any and all activities engaged in within the permitted area and shall be solely responsible and answerable in damages, and any other equitable remedies, for all accidents or injuries to all persons or property caused by the permittee's activities.
(k) Should it become necessary to enforce the terms of a permit in an administrative proceeding or in a court of competent jurisdiction, the permittee shall pay all reasonable attorney's fees.
(l) No person shall use or occupy DCR property for which a fee or other charge has beenestablished unless the person has first paid such fee or charge, unless otherwise authorized.
(m) In addition to the payment of the prescribed fee, DCR may reasonably require the Permittee to pay the costs for DCR personnel, or to hire appropriate law enforcement personnel.
(n) DCR may limit public access to DCR property when a permit has been duly issued for use of DCR property.
(2)Special Use Permits.
(a) A special use permit application may be downloaded from the DCR website. The application must be made in writing and must include applicable additional information including, but not limited to, route maps, site set-up diagrams, vendor listings, and vehicles to be used.
(b) A special use permit application must be submitted to the Department at least 45 days prior to the event or activity for which a permit is sought.
(c) A permittee must submit a certificate of liability insurance to the DCR prior to the event. Such certificate must name DCR as an additional insured for the date and location of the event, with a minimum liability of $1,000,000. Failure to provide the certificate of liability insurance may result in revocation of the special use permit.
(d) A special use permit shall be issued only after payment of the application fee and any other duly requested costs associated with the permitted event or activity.
(e) Special use permits are issued at the sole discretion of the Department.
(f) An applicant for a special use permit must comply with any terms and conditions contained within the special use permit, as well as those provisions contained within 302 CMR 12.17(1). Any act authorized pursuant to a special use permit may be performed only by the person(s) named therein, and any such authorizations may not be assigned or delegated, except as provided by such permit.
(3)Boating and Waterfront Permits.
(a) No person may construct or maintain a waterfront structure such as a dock, pier, or mooring unless authorized by a duly issued boating and waterfront permit.
(b) DCR personnel may issue boating and waterfront permits subject to DCR property management, environmental, and other considerations.
(c) An applicant for a boating and waterfront permit must comply with any terms and conditions contained within the boating and waterfront permit. Any act authorized pursuant to a boating and waterfront permit may be performed only by the person(s) named therein, and any such authorizations may not be assigned or delegated, except as provided by such permit.
(4)Recreational Use Permits.
(a) A recreational use permit is required for the group use of DCR property including, but not limited to, athletic fields and courts, picnic pavilions, designated group day use areas, pools, or meeting rooms.
(b) DCR supervisors and district managers, and other DCR personnel, may issue recreational use permits subject to DCR property capacity limits and other management and scheduling considerations.
(c) An applicant for a recreational use permit must comply with any terms and conditions contained within the recreational use permit. Any act authorized pursuant to a recreational use permit may be performed only by the person(s) named therein, and any such authorizations may not be assigned or delegated, except as provided by such permit.
(5)Commercial Dog Walking Permits.
(a) A commercial dog walker may not conduct any commercial activity or event upon the lands or waters of the DCR without first obtaining a commercial dog walking permit.
(b) All requests for commercial dog walking permits must be made in writing to the DCR.
(c) An applicant for a commercial dog walking permit must comply with any terms and conditions contained within the commercial dog walking permit. Any act authorized pursuant to a commercial dog walking permit may be performed only by the person(s) named therein, and any such authorizations may not be assigned or delegated, except as provided by such permit.
(d) Commercial dog walking permits will expire on December 31st each year, regardless of when the permit is acquired during the year.

302 CMR 12.17

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