Code of Massachusetts Regulations
700 CMR - DEPARTMENT OF TRANSPORTATION
Title 700 CMR 5.000 - Regulation Of Certain Roadways And Bridges
Section 5.204 - Special Use Permits -Commercial Activity
Current through Register 1518, March 29, 2024
The Commissioner shall issue a special use permit for commercial activity only after evaluating the proposed use in light of the following policies:
(1) A Special Use Permit for Commercial Activity shall be given only after the Commissioner has requested responses from at least three vendors.
(2) All commercial activities within Commission lands shall be dependent upon the resources therein and shall enhance the public's enjoyment thereof.
(3) In determining whether to allow a proposed commercial use, the Commissioner shall consider the likely impact on Commission lands and facilities, the recreation or conservation benefits that will result, and the relative cost and resource effectiveness of the proposal.
(4) The Commissioner or his or her designee may, at their discretion, conduct a public hearing on any application for a permit for a commercial activity.
(5) Commercial activities that do not necessitate private control over a given area or resource for a period greater than five years shall be allowed only through revocable permits. Commercial activities requiring such control for a longer period shall be allowed only through lease arrangements approved by the General Court, pursuant to the provisions of Article 49 Amendments to the Constitution of the Commonwealth of Massachusetts, and only after such feasibility and impact studies as the Commission deems necessary.
(6) The Commercial activity permit provisions shall not apply to timber harvesting activities i11 and adjacent to the Quabbin, Ware, and Wachusett and Sudbury watersheds.
