Code of Massachusetts Regulations
302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION
Title 302 CMR 12.00 - Parks And Recreation Rules
Section 12.01 - General Provisions
Universal Citation: 302 MA Code of Regs 302.12
Current through Register 1531, September 27, 2024
(1) Purpose. 302 CMR 12.00 governs the conduct of activities on property of the Commonwealth under the care, custody, and control of the Department of Conservation and Recreation.
(2) The Commissioner may make any regulatory provision in 302 CMR 12.00 more stringent than that set forth in the particular provision.
(3) Construction.
(a)302 CMR
12.00 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
12.00.
(c)
The Commissioner of the Department of Conservation and Recreation may waive any
provision or requirement in
302 CMR
12.00 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. 132A, § 7; M.G.L. c. 92 §§ 33,
34B, 35, 35A, 37, 38, 41 and 95A; and St. 2003, c. 41.
(d) No provision of
302 CMR
12.00 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 his or her 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 his or her
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
12.00 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
12.00 shall remain valid and in effect.
(f) The Department of Conservation and
Recreation may post rules restricting recreational activity as to designated
areas and/or times.
(g)
Lands and Waters of the Watershed System.
302 CMR
12.00 shall apply to all DCR property without the
Division of Water Supply Protection.
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