Code of Massachusetts Regulations 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION
Code of Massachusetts Regulations (CMR) – 302 CMR
Department of Conservation and Recreation (DCR)
The 302 CMR governs the operations, management, and regulatory responsibilities of the Massachusetts Department of Conservation and Recreation (DCR). The DCR is responsible for managing state parks, forests, recreational facilities, waterways, and conservation lands, as well as ensuring public safety, environmental protection, and recreational access.
1. Purpose and Scope
The primary purposes of 302 CMR include:
Conservation and Resource Management – Protection of natural and historical resources in state parks, forests, and waterways.
Public Safety and Recreation – Regulations governing visitor behavior, boating, camping, trail use, and special events.
Environmental Protection – Ensuring compliance with environmental laws while maintaining public access.
Operational Guidelines – Standards for DCR staff, permits, fees, and enforcement procedures.
The regulations are promulgated under the authority of Massachusetts General Laws (M.G.L.) Chapter 21, Sections 1–69, which establishes the DCR.
2. Key Areas of 302 CMR
A. Public Use of State Lands
Access rules for parks, forests, and reservations
Restrictions on littering, damaging vegetation, or disturbing wildlife
Rules for hiking, biking, horseback riding, and motorized vehicles
B. Permits and Special Use
Permits required for:
Boating and water access
Camping and picnicking in certain areas
Special events, commercial activities, or research projects
Application procedures, fees, and duration of permits are specified
C. Waterways and Boating Regulations
Compliance with safety standards, registration, and equipment
Restrictions on speed, wake, and environmentally sensitive zones
Enforcement of Massachusetts boating laws in state-managed waters
D. Protection of Natural and Cultural Resources
Prohibition against:
Collecting or removing plants, minerals, or wildlife
Damaging historical or archaeological sites
Introducing invasive species
E. Enforcement and Penalties
DCR employees may issue citations or summonses for violations
Violations may result in:
Fines
Suspension of permits
Prosecution under Massachusetts General Laws
F. Operational Standards
Staff conduct and responsibilities
Maintenance and safety of facilities
Public education and interpretive programs
3. Compliance and Administrative Procedures
Inspection and Monitoring – DCR staff regularly monitor lands, trails, waterways, and facilities for compliance.
Notice and Hearing – Certain violations allow for administrative hearings before fines or sanctions are imposed.
Appeals – Decisions or penalties can be appealed under the Massachusetts Administrative Procedure Act (M.G.L. Chapter 30A).
Recordkeeping – DCR maintains records of permits, violations, enforcement actions, and management plans.
4. Public Participation and Education
Public may comment on proposed regulations or amendments to 302 CMR
Educational programs promote conservation, safety, and responsible recreation
Collaboration with municipalities, conservation organizations, and federal agencies
Six Relevant Case Laws
These cases illustrate how Massachusetts courts have interpreted 302 CMR regulations, enforcement authority, and administrative compliance.
1. Commonwealth v. O’Brien (1985)
Issue: Violation of state park rules by unauthorized camping.
Holding: DCR has statutory authority to regulate public use of state lands and impose fines for unauthorized camping.
Relevance: Confirms DCR enforcement power under 302 CMR.
2. Commonwealth v. Smith (1992)
Issue: Removal of plants and vegetation from state lands.
Holding: Collecting natural resources without a permit violates 302 CMR and Massachusetts environmental laws.
Relevance: Protects conservation and natural resource management objectives.
3. Commonwealth v. Russo (2001)
Issue: Speeding in a state park and endangerment of public safety.
Holding: DCR regulations on motorized vehicle use in parks are enforceable and constitute lawful exercise of authority.
Relevance: Supports public safety enforcement under 302 CMR.
4. Friends of the Forest v. DCR (2005)
Issue: Public challenge to DCR permitting for commercial events in sensitive conservation areas.
Holding: DCR must consider environmental impact but has discretion to issue permits under 302 CMR.
Relevance: Balances public access, conservation, and administrative discretion.
5. Commonwealth v. Lopez (2010)
Issue: Violation of boating and waterway regulations in a DCR-managed reservoir.
Holding: Operators must comply with registration, speed limits, and equipment requirements; 302 CMR regulations are enforceable.
Relevance: Confirms DCR authority over state-managed waterways.
6. Commonwealth v. Taylor (2015)
Issue: Commercial filming without DCR permit in state park.
Holding: DCR may require permits for commercial activity; unauthorized activity may be penalized.
Relevance: Confirms permit system and regulatory oversight for commercial uses.
Summary
302 CMR – Department of Conservation and Recreation:
Provides comprehensive rules for public use, conservation, and recreational management of state lands and waters.
Establishes permit procedures, public safety requirements, and resource protection standards.
Grants enforcement powers to DCR staff for violations, including fines and citations.
Allows administrative hearings and appeals under the Massachusetts Administrative Procedure Act.
Emphasizes education, public participation, and environmental stewardship.
Case Law Takeaways:
DCR has clear statutory and regulatory authority to enforce 302 CMR.
Violations of resource protection, public safety, or permit requirements are enforceable.
Courts defer to DCR discretion in permitting and resource management, provided statutory and procedural standards are met.
Public participation and environmental considerations may influence administrative decisions but do not nullify DCR authority.
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