Code of Massachusetts Regulations
302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION
Title 302 CMR 11.00 - Parkways, Traffic, And Pedestrian Rules
Section 11.07 - Permits - General

(a) A duly issued permit from the DCR is a fully revocable license authorizing a permittee to do something otherwise prohibited by the Department.

(b) In a duly issued permit, and subsequent to issuance, the Department may place stipulations on the permitted use including, but not limited to, the type of use, timing, location, duration and volume.

(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 and exclusively 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) requesting 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 Department 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 Commonwealth 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 a court of law or in an administrative proceeding, the permittee shall pay all reasonable attorney's fees.

(l) No person shall use or occupy DCR property or facilities for which a fee or other charge has been established 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 authorized DCR personnel, or to hire appropriate law enforcement personnel.

(n) DCR may limit public access to parkland and other DCR property when a permit has been duly issued for use of parkland or other DCR property.

(o) The Department is authorized to issue special permits to allow the backing of a vehicle to a curb for the purpose of loading or unloading merchandise or materials subject to the terms, conditions, times and dates of such permits. Such permits may be issued either to the owner or lessee of real property or the owner of a vehicle, and shall grant to such person the privilege as therein stated and authorized herein.

(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): General Provisions. 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.