(1)
Definition of Reservations and Parkways. Reservations
and Parkways shall include all boulevards, roadways, driveways, bridges,
buildings, structures, land, beaches, ponds, lakes, rivers and other waters
under the care and control of MassDOT.
(2)
Rules and
Regulations.
(a) Entrance on and
exit from reservations, parkways or waterways by vehicular traffic shall be
made over designated areas only.
(b) No person is allowed on DCR Reservations
except during the hours from dawn to dusk unless specified otherwise at the
site, or by permit, Use of Parkways and Bridges is not restricted.
(c) DCR may post rules restricting
recreational activity to designated areas and times.
(d) Cookouts shall be allowed only in places
designated; and the use of grilles, hibachis and other apparatus for cooking is
permitted subject to the direction of an Authorized Police Officer or DCR
Ranger. Picnics are allowed except in those areas where expressly prohibited.
Open fires are prohibited except by permit from the Commissioner or his
designee.
(e) Drunkenness, breach
of the peace, profanity, amplified sound, or disorderly conduct offensive to
the general public are strictly forbidden. Possession of, or drinking of,
alcoholic beverages is forbidden, except when authority has been granted by the
Secretary in writing.
(f) No person
shall willfully obstruct the free passage of vehicles or persons;
(g) No person shall cause or permit any
animal owned by him or her or in his or her custody or under his or her
control, except a dog when restrained by a leash not exceeding seven feet in
length, to roam or be at large in, on, or through any reservation or parkway,
or to be hitched or tied to a fence, tree, bush, shrub, or any object or
structure except as otherwise provided; nor ride or drive a horse or animal not
well broken and under proper control and then only on such roadways or bridle
paths where authorized; nor neglect or refuse to stop, place, change, or move
the position of said horse or animal as directed by an Authorized Police
Officer or DCR Ranger. Owners are required to properly dispose of their dog's
animal waste.
(h) The use of
bicycles, and other means of transportation including in-line skating may be
prohibited in areas so designated on a site by site basis.
(i) No person, except in an emergency, shall
bring, land, or cause to descend within any reservation or parkway any
airplane, parachute or other apparatus of aviation, except by written permit
from the Secretary or his or her designee.
a)
No person shall injure, deface, destroy, remove or carry off any sign,
structure, facility, tree or any other property or equipment, real or personal,
under the care and control of MassDOT.
(k) Parades, games, fairs, carnivals,
bazaars, gifts or solicitations for raising or collecting funds shall not be
permitted without written Secretary approval.
(l) Lotteries, raffles, gambling and games of
chance are prohibited; and no person shall have possession of machinery,
instruments or equipment of any kind for use for these purposes on MassDOT
property.
(m) Public assemblies of
more than 25 persons shall not be allowed without a written permit from the
Secretary or his designee.
(n) No
person shall engage in any business, sale, or display of goods or wares without
a written permit from the Secretary or his or her designee.
(o) All signs and advertising are prohibited
on MassDOT property without a written permit from the Secretary.
(p) No person, unless authorized by law or
permit, shall have possession of or discharge any weapon, firearm, fireworks or
other explosive.
(q) Hunting or
trapping of animals or birds shall not be permitted unless specifically
authorized by law, including the Colonial ordinances of 1641-47, or by the
Secretary. Injuring or otherwise disturbing animals or birds or their habitat
is prohibited.
(r) No person shall
drop, throw, or place and allow to remain any litter, garbage, or other refuse,
except in the receptacles provided; nor throw a lighted match, cigarette butt
or any other burning substance on the ground or in said receptacles; nor bring
or cause to be brought within any reservation or parkway any garbage, refuse or
material for the purpose of dumping, or depositing same within said
receptacles.
(s) No person shall
drop, throw or place any litter, garbage or refuse in any of the rivers or
waters under the care and control of MassDOT, or in any other way pollute or
contribute to the pollution of such rivers or waters.
(t) No person shall refuse or neglect to obey
any posted regulatory sign or the lawful directions of an Authorized Police
Officer, DCR Ranger or person in charge.
(u) Public use allowed on established park
trails in woodland areas. No off-trail use allowed except by permit from the
Commissioner or his/her designee.
(3)
Lands and Waters of the
Watershed System. 700 CMR 5.201 through
5.209 shall apply to
lands and waters under the care and control of MassDOT in and adjacent to the
Quabbin, Ware, and Wachusett and Sudbury watersheds, commensurate with the
provisions of M.G.L. c. 92, § 119, except where inconsistent with 350 CMR
11.09, or where inconsistent with the purposes for which the watershed system
is maintained. In the case of inconsistency the provisions of 350 CMR 11.09
shall govern.
For purposes of permits and other approvals in the lands and
waters in the Quabbin, Ware and Wachusett and Sudbury watersheds 'designee' of
the Commissioner shall be the Quabbin Reservoir Superintendent for Quabbin and
Ware watershed lands and waters, and Wachusett Reservoir Superintendent for
Wachusett and Sudbury lands and waters.
(4) Massachusetts Colonial Ordinances of
1641-47 provide the citizens of the Commonwealth the right to fish, fowl and
navigate in the areas below the high water mark along the coast.
