Code of Massachusetts Regulations
302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION
Title 302 CMR 3.00 - SCENIC AND RECREATIONAL RIVERS ORDERS
Section 3.01 - Introduction
Current through Register 1531, September 27, 2024
The purpose of 302 CMR 3.00 is to:
(a) define and explain the language of M.G.L. c. 21A, § 11C; and
(b) establish the procedures under which the Department of Conservation and Recreation will exercise its responsibilities under M.G.L. c. 21A, § 11C.
It is the intent of the Department that these definitions and procedures are to be used to preserve and promote the public safety, health and welfare, protect public and private property, wildlife, fresh water fisheries, and irreplaceable wild, scenic and recreational river resources. It is further intended that these goals shall be accomplished by the adoption of Orders imposing restrictions on the scenic and recreational rivers and streams of the Commonwealth through the regulation, restriction or prohibition of certain specified activities and uses within these affected areas, while allowing other specified activities and uses within these areas, subject to the requirements of M.G.L. c. 131, § 40 where applicable.
It is also the intent of the Department that, where scenic and recreational rivers occur within the boundary of the Massachusetts coastal zone as defined in the Commonwealth's Coastal Zone Management Program (CZM Program), 302 CMR 3.00 be consistent with and form a part of the CZM Program as it has been promulgated and defined in 301 CMR 20.00: Coastal Zone Management Program issued pursuant to M.G.L. c. 21A and through the Coastal Program Policies of the CZM Program.
The interpretation and application of 302 CMR 3.00 to scenic and recreational rivers within the boundary of the coastal zone shall be consistent with the policies of the CZM Programs to the maximum extent permissible under M.G.L. c. 21A, § 11C except when to do so would require an act impermissible at law, or where the Secretary of Energy and Environmental Affairs, pursuant to the conflict resolution procedures of M.G.L. c. 21A, § 4 and associated regulations, has resolved any conflict and has determined that the CZM policies should or should not apply.
