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
Universal Citation: 302 MA Code of Regs 302.11
Current through Register 1531, September 27, 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.
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