302 CMR, § 12.02
The following words and phrases, when used in 302 CMR 12.00, shall have the meanings respectively ascribed to them therein, except in those instances where the context clearly indicates a different meaning or is otherwise stated.
Whenever any word or phrase used in 302 CMR 12.00 is not defined in 302 CMR 12.02, such word or phrase shall be construed according to its generally accepted meaning as noted in a dictionary of general usage.
Adult. Any person 18 years of age or older within DCR property.
Anchor. To hold fast by an anchor (an "anchor" is any of various devices dropped by a chain, cable, or rope to the bottom of a body of water for preventing or restricting the motion of a vessel or other floating object, typically having broad, hooklike arms that bury themselves in the bottom to provide a firm hold).
Appalachian Trail (AT). A designated route on DCR property and non-DCR property which is a primitive way supporting the continuous Appalachian National Scenic Trail.
Aquatic Invasive Species. An aquatic plant, animal or other non-native species that threatens the diversity or abundance of native species and that adversely impacts the ecological stability of or uses by native species of infested waters. These species cause economic or environmental harm by developing self-sustaining populations that dominate or disrupt native ecosystems.
Backcountry Camping. Camping at remote, hike-in locations in designated areas, with no organized access to water, staff, or emergency services.
Ban. The prohibition, resulting from violations of rules and regulations applicable to conduct on DCR property, of a person from DCR property, for a period of time longer than that associated with an eviction.
Bicycle. A two wheel non-motorized vehicle designed to be used both on and off paved surfaces and over unimproved terrain.
Boating. The use of watercraft, personal watercraft, or vessels.
Boulevard. Any roadway, parkway, way or any portion thereof, under the jurisdictional care, custody or control of DCR, between regularly established curb lines or that part, exclusive of shoulders, improved and intended to be open and used for vehicular traffic by the public on a public way, including vehicular and/or pedestrian, bicycle, electric bicycle, or other DCR approved traffic.
Bridge. A structural passage over water or land for pedestrian and/or vehicular traffic.
Camping. The utilization of any piece of equipment for sleeping in or upon, for the purpose of occupying a portion of DCR property, land or water for transient and temporary outdoor living.
Camping Structure. A yurt, cabin, lean-to or other structure intended as shelter while camping.
Campsite. An area designated and managed by DCR or a duly permitted licensee, for public camping in Massachusetts.
Car Top Boats. Those non-motorized vessels which can be carried on top of a motor vehicle's roof, and also by hand including, but not limited to, canoes, kayaks, sailboats and row boats.
Charles River Basin. The Charles River Basin as defined by St. 1909, c. 524, as amended by St. 1962, c. 550, and includes the Charles River and its tributaries lying between the Watertown Dam and the Charles River Dam which is located between the Leonard P. Zakim Bunker Hill Memorial and North Washington Street Bridges; and the Mystic River Basin as defined by the Upper Mystic Lake Dam at the upstream end and the Amelia Earhart Dam at the downstream end and includes the Mystic River, the Amelia Earhart Dam and its tributaries.
Citation. Notice of any violation of 302 CMR 12.00 duly issued by a law enforcement official, DCR ranger, District Forest Fire Warden, Forest Fire Patrolman, or other DCR personnel which may result in a fine.
Coastal Infrastructure. Wharves, piers, jetties, revetments, groins, breakwaters, boardwalks, or other structures of stones, wood, piles, or the like, projecting into the sea to protect a harbor, deflect the current, maintain beaches and dunes, provide flood and erosion control, or a structure built out over water and used for berthing vessels or for recreation.
Commercial Dog Walker. Any person who receives compensation for walking one or more dogs.
Commercial Use. Any use of property under the custody and control of DCR for which consideration is exchanged. Commercial use includes any person, group or organization that makes or attempts to make a profit, offers for sale a service or product, receives money, amortizes equipment or obtains goods or services as compensation from participants in activities occurring on DCR property. This includes nonprofit organizations and educational groups that receive money from participants in activities occurring on DCR property.
Commissioner. The Commissioner of the Massachusetts Department of Conservation and Recreation (DCR) or his or her designee.
Cultural Resource. A district, site, building, structure, landscape, object, or ethnographic resource that is at least 50 years old and has important historical, cultural, scientific or technological associations. Cultural resources also include prehistoric or historic archeological sites containing physical remains or indications of past human activity and/or any artifacts that have been constructed or manipulated by human influence and which hold potential significance for understanding past, present or future human behavior.
DCR or the Department. The Massachusetts Department of Conservation and Recreation.
DCR Personnel. A person designated by the Commissioner to be responsible for the supervision, operation, protection and maintenance of a specifically designated DCR property.
DCR Property. Property, real or personal, in which the DCR has a legal interest, including property under the care, custody, or control of the DCR. Such property may include, but is not limited to, grassland, reservations, parks, forests, beaches, tidelands, pools, skating rinks, golf courses, campgrounds, rail trails, bike trails, forest roads, forest ways, ponds, lakes, parking areas, trailheads, parkways, boulevards, roadways, facilities, and structures.
DCR Ranger or Ranger. Any person duly appointed by the Department to perform the duties of a DCR ranger pursuant to M.G.L. c. 92, § 34B and M.G.L. c. 132A, § 7A.
Designated Campsite. An area designated and managed by DCR or a duly permitted licensee, for public camping in Massachusetts.
Designated Swimming Area. That area within a body of water and/or the portion of shoreline which is managed by DCR for the purposes of providing access to recreation, swimming or similar aquatic activities. Such an area may include beaches with or without lifeguard coverage. District Forest Fire Patrolman. Any person duly appointed by the Department to perform the duties of a DCR District Forest Fire Warden pursuant to M.G.L. c. 48, §§ 15, 19, 22, 24, 27, 28, 28B and 28C.
District Forest Fire Warden. Any person duly appointed by the Department to perform the duties of a DCR District Forest Fire Warden pursuant to M.G.L. c. 48, §§ 15, 19, 22, 24, 27, 28, 28B and 28C.
Division Director. The Director of State Parks and Recreation within the Department of Conservation and Recreation.
Domicile. A permanent legal residence.
Electric Bicycle. A two- or three-wheeled vehicle that is equipped with fully operable pedals, a seat or saddle for the rider and an electric motor of no more than 750 watts, and is a Class 1, Class 2 or Class 3 electric bicycle:
(a) Class 1 Electric Bicycle. An electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches or exceeds 20 miles per hour.
(b) Class 2 Electric Bicycle. An electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches or exceeds 20 miles per hour.
(c) Class 3 Electric Bicycle. An electric bicycle, other than a Class 1 electric bicycle, equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches or exceeds 28 miles per hour.
EPO or Massachusetts Environmental Police Officer. A police officer of the Office of Law Enforcement, within the Executive Office of Energy and Environmental Affairs, with the authority to enforce all DCR regulations and Massachusetts laws, on DCR property and DCR roadways.
Eviction. A type of enforcement whereby a person in violation of a DCR regulation or other Massachusetts or U.S. law or regulation is ordered to leave DCR property for a period of time.
Firearm. A loaded or unloaded pistol, rifle, shotgun or other weapon which is designed to, or may be readily converted to, expel a projectile by the ignition of a propellant.
Fishing. Capturing, killing, or trapping fish by any means, including angling with the use of a hook.
Float. Something for buoying up, an inflated bag to sustain a person in water, a floating platform or something that floats on the surface of water.
Forest Road. Any paved or unpaved way constructed and maintained for use by wheeled vehicles registered under M.G.L c. 90, whether such a corridor is normally open for such use or not. (See also 302 CMR 12.02: Boulevard , Parkway or Roadway .)
Forest Trail. Any path or way with a trail tread width 50 inches wide or less constructed or maintained for use by one or more of the following: pedestrians, wheelchairs, horses, bicycles, snow vehicles or recreation vehicles.
Forest Way. Any gravel or dirt road, fire lane, fire road, abandoned railroad bed, skid road or any non paved way of sufficient trail tread width that may accommodate the operation of a four wheeled vehicle greater than 50 inches in width.
Headway Speed. The slowest speed at which a motor boat may be operated and maintain steerageway, but in no case to exceed ten miles per hour.
Hunting. Consistent with the Division of Fisheries and Wildlife's enabling statute at M.G.L. c. 131, the shooting, killing, taking or capturing of mammals or birds and all lesser acts such as disturbing or harassing of mammals, birds, amphibians or reptiles.
Intertidal Zone. That area exposed to the air at low tide and submerged at high tide.
Kite-powered Apparatus. A wheeled vehicle, board or other equipment which is powered or towed by a kite.
Law Enforcement Officer/Official. Any government law enforcement official or officer, including, but not limited to, the following: DCR ranger, district forest fire warden, district forest fire patrolman, environmental police officer, Massachusetts state police officer, municipal police officer, other municipal law enforcement official, U.S. government law enforcement officer or official, Massachusetts county law enforcement officer or official, or any other qualified individual to whom the Department may designate authority and duties that are the same or similar to those positions listed in 302 CMR 12.02: Law Enforcement Officer/Official.
Moor. To secure a watercraft to a floating or fixed structure or to secure to a pier, float, buoy or watercraft secured thereto.
Motorized Conveyance. Any conveyance powered by a motor, other than a "motor vehicle" as defined in M.G.L. c. 90, § 1. For purposes of 302 CMR 12.00, an Electric Bicycle, as defined in 302 CMR 12.02: Electric Bicycle, is not a Motorized Conveyance.
Non-motorized. Powered by anything other than a motor or engine.
Off-highway Vehicle. (See302 CMR 12.02: Recreation Vehicle.)
Operator. An individual who operates, drives, controls or otherwise has charge of or is in actual physical control of a mechanical mode of transportation, or any other mechanical equipment or vehicle.
Parking. The stopping or standing of a vehicle, whether occupied or not, except a vehicle is not parked if it has stopped temporarily because its movement is obstructed, or the operator is lawfully engaged in loading or unloading passengers or materials, or the operator is following the direction of a law enforcement officer, DCR ranger, DCR personnel, traffic signs, traffic signals, is making emergency repairs, or it is a disabled vehicle and arrangements are being made to remove such vehicle.
Parking Area or Parking Lot. Any DCR property or part thereof, designated, and/or posted, marked, or directed by DCR personnel, DCR ranger or other law enforcement official, to be used for the stopping, standing or stationing of parked vehicles, in accordance with all applicable Massachusetts laws and regulations.
Parkway. Any boulevard, roadway, way or any portion thereof, under the jurisdictional care, custody or control of DCR, between regularly established curb lines or that part, exclusive of shoulders, improved and intended to be open and used for vehicular traffic by the public on a public way, including vehicular and/or pedestrian, bicycle, electric bicycle, or other DCR approved traffic.
Pedestrian. Any person afoot or riding on a human-powered conveyance other than a bicycle or tricycle.
Permit. A duly issued, written, fully revocable license from DCR authorizing a permittee to engage in uses or activities on DCR property that are otherwise prohibited, restricted, or regulated.
Person. Any individual, corporation, firm, partnership, company, association, trust, or other business or nonprofit organization; any agency, department, board, commission, quasi-public agency or authority of the Commonwealth; and any Federal, municipal, or regional governmental or intergovernmental agency, department, board, commission, authority, or other entity, or any combination of individuals or entities including, but not limited to, those listed above, their agent, trustee, executor, receiver, assignee, or other representative thereof.
Personal Flotation Device. Any lifesaving device classified and approved by the regulations of the commandant of the U.S. Coast Guard pursuant to 46 C.F.R. Part 160.
Personal Watercraft. A vessel which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by persons sitting, standing or kneeling on the vessel. (See also 302 CMR 12.02: Watercraft.)
Pet. A dog, cat, or a caged pet. A caged pet is an animal that typically is confined to a cage at all times.
Post or Posting. To display in a place of public view in electronic or printed form.
Primary Occupant. The camping customer who is responsible for payment, registration, condition of the campsite, and all persons occupying the site.
Rail Trail. Any former or inactive railroad right-of-way that is under the care, custody or control of DCR and is managed or maintained for authorized uses.
Recreation Utility Vehicle. A motorized flotation-tire vehicle with not less than four and not more than six low-pressure tires that is limited in engine displacement to less than 1,500 cubic centimeters and in total dry weight to not more than 1,800 pounds and that has a seat that is of bench design, not intended to be straddled by the operator, and a steering wheel for control.
Recreation Vehicle. Any motor vehicle designed or modified for use over unimproved terrain if used for recreation or pleasure off a public way as defined in M.G.L. c. 90, including but not limited to, off-highway vehicles, off-road vehicles, all- terrain vehicles, off highway motorcycles, dirt bikes, recreation utility vehicles, utility vehicles, and all legally registered motor vehicles when used off a way, as defined in M.G.L. c. 90, including motorcycles.
Recreational Camping Vehicle. A bus, travel trailer, motor home, auto home, van conversion, pick up camper, collapsible tent trailer or other private passenger motor vehicle that provides living accommodations for persons.
Recreational Use Permit. A written agreement that authorizes a person to engage in uses of or activities on DCR property on a specific date and time, which uses and activities are those intended for the DCR property.
Residence. The place, usually a house, in which a person dwells or resides.
Roadway. Any boulevard, parkway, way or any portion thereof, under the jurisdictional care, custody or control of DCR, between regularly established curb lines or that part, exclusive of shoulders, improved and intended to be open and used for vehicular traffic by the public on a public way, including vehicular and/or pedestrian, bicycle, electric bicycle or other DCR approved traffic.
Safari Camping. A campsite intended for family camping and RV clubs, consisting of self-contained units with onboard fresh water and sewage holding tanks.
Service Animal. Any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of 302 CMR 12.02: Service Animal. The works or tasks performed by a service animal must be directly related to the handler's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of 302 CMR 12.02: Service Animal.
Sewage. The water-carried human or animal wastes from residences, buildings, industrial establishments or other places or receptacles intended to receive or retain body waste, together with such ground water infiltration and surface water as may be present.
Snow Vehicle. A motor vehicle designed to travel over ice or snow, having a curb weight of not more than 453 kilograms or 1,000 pounds, driven by track or tracks in contact with the snow or ice and steered by a ski or skis in contact with the snow or ice.
Special Use Permit. A written agreement that authorizes a person to engage in uses of or activities on DCR property on a specific date and time, which uses exceed in any way the common use of DCR property, or that are otherwise prohibited, regulated or restricted.
Spray Deck. Any structure or area designed, constructed or designated for the purpose of aquatic recreation which, when in operation, has little standing water and contains interactive features which spray water from various locations.
Swimming Pool or Pool Compound. Any DCR operated structure designed for the purposes of aquatic recreation which contains an average volume of water greater than two feet in depth.
Traffic. Pedestrians, bicycles, electric bicycles, ridden or herded animals, vehicles, buses, street cars, trolleys and other conveyances, either singly or together, while using any DCR property, roadway, boulevard or parkway, for the purpose of travel or recreating.
Trail. An established and designated linear path or route designed and maintained for recreational activities.
Trapping. The staking out, setting, using, tending, placing, maintaining or picking up of any device designed or intended for use in taking of any mammal, bird, amphibian, reptile or fish, dead or alive, as well as every attempt, assistance or act of a person towards a taking of any mammal, bird, amphibian, reptile or fish.
Trash. Bottles, glass, wood, tires, crockery, cans, scrap metal, junk, paper, plastic, garbage, rubbish, debris, litter, refuse, oil, solvents, liquid waste, sewage, appliances, electronics, computer equipment, hazardous materials, construction debris, yard waste, or other personal property.
Vehicle. Every device in, upon or by which any person or property is or may be transported or drawn upon DCR roadways, boulevards, parkways or other DCR property.
Vessel. Every description of personal watercraft, watercraft, or other artificial contrivance used, or capable of being used, as a means of transportation on the water.
Volunteer/Stewardship Agreement. An agreement between DCR and a volunteer or non-profit or other private organization for the performance of volunteer activities on DCR property pursuant to the Department's "Volunteers in Parks Program".
Wading Pool. Any DCR operated structure designed, constructed or designated on DCR property for the purpose of aquatic recreation containing a volume of water two feet or less in depth.
Watercraft. Any boat, ship, vessel, or craft that operates on water, whether moved by oars, paddles, sails or power mechanisms, inboard or outboard, or any other vessel floating upon DCR property, whether capable of self locomotion or not, and may include, but not be limited to, house boats, barges, and similar floating objects. Watercraft does not include Personal Watercraft which is defined in 302 CMR 12.02.
Water Skiing. The use of any type of device designed to propel one or more persons across the surface of the water by means of towline attached to a watercraft.
Way. Any public highway, private way laid out under authority of statute, dedicated to public use, or a way under the control of DCR and defined in 302 CMR 12.02: Roadway, Boulevard or Parkway.
Wheelchair. A device that is propelled by human power (manual wheelchair), or self-propelled (motorized wheelchair), designed solely for and used by a mobility-impaired person for locomotion, that is both capable of and suitable for use in indoor and outdoor pedestrian areas.
302 CMR, § 12.02