Code of Massachusetts Regulations
700 CMR - DEPARTMENT OF TRANSPORTATION
Title 700 CMR 5.000 - Regulation Of Certain Roadways And Bridges
Section 5.203 - Issuance of Sl2ecial Use Permits -Generally
Current through Register 1518, March 29, 2024
(1) Pursuant to and in conjunction with the policy stated in M.G.L. c. 92, §§ 33 and 37, the Commissioner or his/her designee may, upon a finding that a Special Use Permit request is consistent with the Commission's policy to increase public recreational opportunities, while preserving the environment of public parkland may issue a Special Use Permit.
(2) An applicant must comply with any terms and conditions contained within the Special Use Permit. 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.
(3) Special Use Permits may be issued by the Commissioner on an annually renewable basis, or for such a period of time as in the judgment of the Commissioner appears reasonable and consistent with Commission policy or as limited by any provision(s) of the General Laws.
(4) The Commissioner shall not issue nor allow continued use of any Special Use Permit, when in the Commissioner's opinion such permit may contribute to water or air pollution or to a general lowering of environmental quality. The Commissioner may waive a permit fee or requirement in whole or in part if he or she is satisfied that such a waiver is consistent with Commission policy and that it is in the best interest of the Commonwealth to do so.
(5) All person(s) requesting a Special Use Permit must agree to indemnify and hold the Commonwealth, the Commission, its employees and agents harmless against all claims relating to or arising out of the use of Commission property .The Commissioner may require the Permittee to obtain liability insurance to support the Permittee's obligation to indemnify and hold the Comnonwealth and Commission harmless.
