Code of Massachusetts Regulations
313 CMR - DIVISION OF WATER SUPPLY PROTECTION
Title 313 CMR 11.00 - Watershed Protection
Section 11.09 - General Rules and Regulations for the Protection of Watersheds and Watershed System
Universal Citation: 313 MA Code of Regs 313.11
Current through Register 1531, September 27, 2024
In order to facilitate review of all regulations promulgated by DCR relating to Watersheds and the Watershed System, 313 CMR 11.09 includes regulations of general applicability to Waters of the Watershed System.
(1) Waters of the Watershed System.
(a) No Person shall take
or divert any Waters of the Watershed System and no Person shall corrupt,
render impure, waste or improperly use any such water.
(b) No Person shall:
1. engage in any construction activity
involving filling, dredging, grubbing or altering land without adequate
provisions to prevent erosion resulting in clay, silt or other turbidity laden
waters from entering the Waters of the Watershed System;
2. construct, establish or maintain any
agricultural facility or place where animal manure may be deposited or
accumulated without adequate provision to prevent any manure or other Pollutant
from flowing or being washed into the Waters of the Watershed System;
3. engage in any other activity which could
degrade the quality of Waters of the Watershed System or interfere with their
use as a source of water supply.
(c) No Person shall allow a condition to
exist on such Person's property which could result in the direct or ultimate
discharge of any Pollutant into the Waters of the Watershed System.
(d) Any records of any board of health or
health agent concerning matters within the Watershed shall be open to
inspection by the employees and agents of DCR and DEP.
(e) Whenever an incident occurs, is likely to
occur, or a situation exists that threatens to add Pollutants to the Waters of
the Watershed System, the Person causing or contributing to the pollution or
potential pollution shall notify DCR and DEP immediately.
(2)Watershed System
(a)
General
Regulations.
1. Entrance on and
exit from land of the Watershed System shall be made through gates or other
designated areas.
2. No Person is
allowed within any land of the Watershed System, except from one hour before
sunrise to one hour after sunset, unless authorized by a written permit from
the Commissioner; or for the purposes of authorized night fishing along the
Swift River downstream of the Y-pool below Winsor Dam, at Pepper's Mill Pond,
or at South Spectacle Pond.
3.
Powered boats are prohibited within the Waters of the Watershed System except
in areas designated by the Commissioner.
4. All acts which pollute or may pollute the
Waters of the Watershed System are prohibited. No litter or refuse of any sort
may be thrown or left in or on any land or water within the Watershed System.
All Persons within said System shall use the sanitary facilities provided for
public use.
5. All acts which
injure the property of the Commonwealth are prohibited. No Person shall injure,
deface, destroy, remove or carry off any property, real or personal, under the
care and control of DCR, including but not limited to, all historic artifacts
and natural materials, except that the collection of edible plants, such as
blueberries and mushrooms in a non-disruptive manner and for non-commercial
use, is allowed. Unless otherwise authorized, the removal from the Watershed
System of gravel, topsoil, stones, boulders, or other earthen material is
prohibited except for removal for use by DCR for land management purposes. No
Person shall build, construct, bury, or conceal any object, memorial, or
structure on the property of the Commonwealth except with the written
permission of the Commissioner.
6.
Cooking and all fires are prohibited within the Watershed System.
7. No Person shall wade or swim in any
reservoir except wading while using boots for the purpose of launching boats at
designated boat launch areas.
8. No
Person shall wade or swim in any Tributary or Surface Waters on or within the
property of the Commonwealth within the Watershed System except at areas
designated by the Commissioner.
9.
Organized sports activities, including but not limited to orienteering and
baseball, are prohibited in the Watershed System except by written permission
from the Commissioner.
10. The
Division or Department and its employees are not responsible for any damage to
or loss of property sustained by fishermen, or for any injury or loss of life
which may be incurred in connection with public use of the reservoirs and
Watershed Systems.
11. Breach of
peace, profanity or other disorderly conduct offensive to the general public is
strictly prohibited within the Watershed System. Possession of and drinking of
alcoholic beverages is prohibited within said System.
12. No Person shall drive a motorized vehicle
within the Watershed System except upon roads authorized for such use by the
Commissioner. Recreational vehicles are prohibited on all Watershed System
property except the use of snowmobiles in areas designated by the Commissioner.
Motor vehicles shall be parked only in areas designated by the Commissioner.
Operators of motor vehicles shall obey all regulatory signs unless otherwise
directed by a police officer or person in charge. No Person shall willfully
obstruct the free passage of vehicles or Persons within the Watershed System.
Vehicle access for official use may be granted by the Commissioner.
13. No Person shall bring any animal within
any Watershed System property except for horses and dogs at the Ware River
Watershed at areas designated by the Commissioner.
14. The use of bicycles, skis and other means
of non-motorized transportation within the Watershed System shall be permitted
only in areas designated by the Commissioner.
15. No Person, except in an emergency, shall
bring, land or cause to descend within any Watershed System property any
aircraft except with a written permit from the Commissioner.
16. Parades, games, fairs, carnivals, fishing
derbies, bazaars, gifts or solicitations for raising or collecting funds shall
not be permitted within the Watershed System without written approval of the
Commissioner.
17. Lotteries,
raffles, gambling and games of chance are prohibited within the Watershed
System. No Person shall have possession of machinery, instruments or equipment
of any kind for use of same in the Watershed System.
18. Public assemblies of more than 25 persons
shall not be allowed within the Watershed System without a written permit from
the Commissioner.
19. No Person
shall engage in any business, sale or display of goods, wares or services
within the Watershed System without a written permit from the
Commissioner.
20. Commercial signs
and advertising are prohibited in the Watershed System, without written
permission of the Commissioner.
21.
No Person, unless authorized by law, license, or permit, shall have possession
of or discharge any weapon, firearm, fireworks, or other explosive on or within
the Watershed System. All forms of target shooting are prohibited on or within
the Watershed System.
22. No Person
may hunt, shoot or trap animals on or within any Watershed System property
except at times and in areas designated by the Commissioner.
23. All Persons within the Watershed System
shall obey the lawful directions of regulatory signs, police officers, DCR
Rangers, or persons in charge, or of Federal or Commonwealth wardens or
enforcement officers.
24. The
Watershed System or parts thereof may be closed for public access at the
discretion of the Commissioner when necessary to protect the lands and waters
under the care and control of DCR.
25. The possession of all types of metal
detectors or similar devices is prohibited on all Watershed System
property.
(b)
Special Regulations for Quabbin Reservoir.
1. Persons in compliance with Commonwealth
Fish and Game Laws and Regulations, will be allowed to fish from shore in areas
designated by the Commissioner. A valid state fishing or sporting license is
required by any Person renting or launching a boat at any DCR facilities
subject to
313
CMR 11.09. Reasonable fees for the use of
boats, for rental of outboard motors for fishing purposes, or use of DCR
facilities, including parking and boat ramps, may be charged by DCR. Fishing
from the shorelines of Quabbin Reservoir and its tributaries within the
Watershed System or fishing from boats shall be allowed only during a season
designated by the Commissioner.
2.
Persons permitted to fish from boats shall, at all times, be responsible for
the sanitary condition of the boats. Persons younger than 16 years old must be
accompanied by a Person possessing a valid fishing license in order to boat on
Quabbin Reservoir.
3. Only boats of
a minimum length of 12 feet, and of a type considered safe by DCR, shall be
used. No inboard motors, collapsible boats, sailboats, pontoon boats, square
sterned canoes, or other similar craft will be permitted in the water, and no
boats will be permitted in the water except in areas designated for boating by
the Commissioner. Outboard motors shall have a rating of not more than 1/2
the Boating Industries of America (BIA) or Outboard Boating Council (OBC) rated
horsepower for the boat and shall not exceed 20 horsepower for two-stroke
engines and 25 horsepower for four-stroke engines, except that outboard motors
for DCR boats less than 14 feet six inches in length shall not exceed ten
horsepower. Boats less than 14 feet six inches in length will be limited to
three occupants, and boats of that length and in excess thereof may carry four
occupants. No boats shall carry more than four occupants. Canoes, kayaks, and
jon boats of a minimum length of 12 feet, and of a type considered safe by DCR,
shall be used only in areas designated for boating by the Commissioner on
Pottapaug Pond above the regulating dam and at Gate 31 above the regulating
dam. Canoes less than 16 feet and jon boats less than 14 feet six inches in
length will be limited to two occupants, and canoes and jon boats in excess
thereof may carry three occupants. All boats must be in compliance with current
Commonwealth boating laws. All boats must be clean and contain no refuse of any
kind. DCR personnel shall have the right to inspect all private boats launched
at Commonwealth facilities and may deny access in order to protect water
quality or the safety of occupants. Chock blocks must be used on vehicles when
removing boats from the Reservoir.
4. No Person shall operate a motor boat at a
speed other than reasonable and proper or in such a manner as to annoy or
endanger the occupants of other boats.
5. All privately-owned boats, motors and
other equipment must be removed from Watershed Property of DCR each
day.
6. Boats shall not leave the
mooring areas before dawn, and must return at the time posted at each mooring
area. The beaching of boats at any point except at the designated mooring and
landing areas is strictly prohibited, except in cases of extreme
emergency.
7. Any violation of
313
CMR 11.09 will be deemed sufficient cause for
revocation of fishing privileges for a period of time not less than one year
from the time of violation.
(c)
Special Regulations for Ware
River.
1. Persons in compliance
with Commonwealth Fish and Game Laws and Regulations will be allowed to fish in
the Ware River in areas designated by the Commissioner.
2. Powered boats and powered canoes are
prohibited within the Ware River Watershed Reservation.
3. On Watershed System property outside of
the Ware River Watershed Reservation, outboard motors on boats launched from
DCR property shall be limited to 20-horsepower for 2-stroke engines and
25-horsepower for 4-stroke engines, except that larger motors may be allowed on
the portion of Long Pond that is south of Route 122 in Rutland with a written
permit from the Commissioner.
4.
Any violation of
313
CMR 11.09 will be deemed sufficient cause for
revocation of fishing privileges for a period of time not less than one year
from the time of violation.
(d)
Special Regulations for
Wachusett Reservoir.
1. Persons
in compliance with Commonwealth Fish and Game Laws and Regulations will be
allowed to fish from the shore of Wachusett Reservoir in areas designated by
the Commissioner.
2. Boating is
prohibited in Wachusett Reservoir.
3. Fishing from the shoreline of the
Reservoir shall be allowed only during a season designated by the
Commissioner.
4. Any violation of
313
CMR 11.09 will be deemed sufficient cause for
revocation of fishing privileges for a period of time not less than one year
from the time of violation.
(e)
Special Regulations for
Sudbury Reservoir.
1. Persons in
compliance with Commonwealth Fish and Game Laws and Regulations will be allowed
to fish from the shore of the Sudbury Reservoir in areas designated by the
Commissioner.
2. Boating is
prohibited on Sudbury Reservoir, Foss Reservoir, Stearns Reservoir, and
Brackett Reservoir except in areas designated by the Commissioner.
3. Any violation of
313
CMR 11.09 will be deemed sufficient cause for
revocation of fishing privileges for a period of time not less than one year
from the time of violation.
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