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Massachusetts General Laws - Waterways - Chapter 91

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Massachusetts General Laws - Waterways - Chapter 91, Section 1

Definitions . Section 1. In this chapter, unless the context otherwise requires, the following words shall have the following meanings: ...

Massachusetts General Laws - Waterways - Chapter 91, Section 2

Duties of public works department relative to commonwealth lands . Section 2. The department shall, except as otherwise provided, have charge of the lands, rights ...

Massachusetts General Laws - Waterways - Chapter 91, Section 2A

Powers as to property acquired, built or improved in Plymouth by Pilgrim tercentenary commission . Section 2A. The department, having charge under section two of ...

Massachusetts General Laws - Waterways - Chapter 91, Section 3

Powers as to Boston harbor . Section 3. The department shall have all the rights, powers and duties transferred to the directors of the port ...

Massachusetts General Laws - Waterways - Chapter 91, Section 4

Improvement of Boston harbor; access to piers, railroads, etc. . Section 4. The department shall undertake such work for the improvement, development, maintenance and protection ...

Massachusetts General Laws - Waterways - Chapter 91, Section 5

Power to take or purchase real property . Section 5. With the consent of the governor and council, the department may take by eminent domain ...

Massachusetts General Laws - Waterways - Chapter 91, Section 5A

Repealed, 1966, 621, Sec. 1 . ...

Massachusetts General Laws - Waterways - Chapter 91, Section 6

Power to lease piers, etc.; Port of Boston Fund . Section 6. The department may lease for a period not exceeding twenty years, under such ...

Massachusetts General Laws - Waterways - Chapter 91, Section 7

Piers, etc.; freight loading equipment; rules and regulations . Section 7. All piers and other similar structures in Boston harbor built by the department or ...

Massachusetts General Laws - Waterways - Chapter 91, Section 8

Acquisition of Apple Island and shore lands . Section 8. The department shall take all proper measures to obtain from Boston, without expense to the ...

Massachusetts General Laws - Waterways - Chapter 91, Section 9

Utilization plans for acquired property . Section 9. The department shall make, and, so far as practicable, put into execution, comprehensive plans providing, on the ...

Massachusetts General Laws - Waterways - Chapter 91, Section 9A

Construction or reconstruction of piers and waterfront terminal facilities; written contracts . Section 9A. The department may adopt a program of construction or reconstruction of ...

Massachusetts General Laws - Waterways - Chapter 91, Section 10

Powers and duties relative to harbors, etc. . Section 10. The department shall have general care and supervision of the harbors and tide waters within ...

Massachusetts General Laws - Waterways - Chapter 91, Section 10A1/2

Repealed, 2003, 26, Sec. 239 . ...

Massachusetts General Laws - Waterways - Chapter 91, Section 10A

Temporary moorings of floats or rafts; permits, issuance or refusal; review; public nuisances . Section 10A. Notwithstanding any contrary provision of law, the harbormaster of ...

Massachusetts General Laws - Waterways - Chapter 91, Section 10B

Repealed, 1977, 363A, Sec. 64 . ...

Massachusetts General Laws - Waterways - Chapter 91, Section 10C

Docking of commercial vessels; permits; applications; appeal . Section 10C. Notwithstanding any contrary provision of law, the harbormaster of a city or town or whomsoever ...

Massachusetts General Laws - Waterways - Chapter 91, Section 10D

Scuba divers and skin divers; access to Commonwealth tidelands . Section 10D. No person shall be denied access during daylight hours to commonwealth tidelands across ...

Massachusetts General Laws - Waterways - Chapter 91, Section 11

Improvement and preservation of rivers, streams, harbors, etc. . Section 11. The department shall undertake such construction and work for the improvement, development, maintenance and ...

Massachusetts General Laws - Waterways - Chapter 91, Section 11A

Resource protection, navigational safety and development projects; work agreements with local authorities . Section 11A. The department is hereby authorized to enter into agreements with ...

Massachusetts General Laws - Waterways - Chapter 91, Section 12

License for structures in Connecticut, Westfield and Merrimack rivers . Section 12. The department may license and prescribe the terms for the construction or extension ...

Massachusetts General Laws - Waterways - Chapter 91, Section 12A

License for structures in rivers or streams where expenditures for channel improvement and flood control already made . Section 12A. The department may license and ...

Massachusetts General Laws - Waterways - Chapter 91, Section 13

Licenses for booms in Connecticut river and structures in great ponds . Section 13. The department may license any person to construct and maintain booms ...

Massachusetts General Laws - Waterways - Chapter 91, Section 14

License for structures in or over tide water; conduits or cables under tide water; private or commonwealth tidelands . Section 14. The department may license ...

Massachusetts General Laws - Waterways - Chapter 91, Section 15

Revocation and expiration of authority or license; exception; mortgageable interest . Section 15. Every authority or license granted since eighteen hundred and sixty-eight or hereafter ...

Massachusetts General Laws - Waterways - Chapter 91, Section 16

Cessation, determination of authority or license for non-use . Section 16. Every authority or license granted since eighteen hundred and sixty-eight by the general court ...

Massachusetts General Laws - Waterways - Chapter 91, Section 17

Construction of licenses; approval . Section 17. No license or other authority to build structures upon or to fill up or enclose any ground mentioned ...

Massachusetts General Laws - Waterways - Chapter 91, Section 18

Application for license; notice; hearings; records . Section 18. Upon or prior to applying for a license pursuant to this section, the applicant shall submit ...

Massachusetts General Laws - Waterways - Chapter 91, Section 18A

Public access to great ponds; petition . Section 18A. Upon petition of ten citizens of the commonwealth that in their opinion public necessity requires a ...

Massachusetts General Laws - Waterways - Chapter 91, Section 19

Restriction on structures in great ponds . Section 19. Except as authorized by the general court and as provided in this chapter, no structure shall ...

Massachusetts General Laws - Waterways - Chapter 91, Section 19A

Lowering waters of great ponds; penalty . Section 19A. No person authorized or licensed to build any structure, drive piles, fill land or to make ...

Massachusetts General Laws - Waterways - Chapter 91, Section 20

Supervision by department of erections under legislative grants . Section 20. Whoever is authorized by the general court to build over tide waters a bridge, ...

Massachusetts General Laws - Waterways - Chapter 91, Section 21

Compensation for displacement of tidewater . Section 21. The amount of tidewater displaced by any structure below high water mark, or any filling of flats, ...

Massachusetts General Laws - Waterways - Chapter 91, Section 22

Compensation when title to land is in Commonwealth . Section 22. If authority or a license is granted by the general court or by the ...

Massachusetts General Laws - Waterways - Chapter 91, Section 23

Unauthorized work in public waters; public nuisances . Section 23. Every erection made and all work done within tide water, or within the waters of ...

Massachusetts General Laws - Waterways - Chapter 91, Section 24

Money paid into General Fund . Section 24. Except as is provided in section six, all moneys received in payment for tide water displaced and ...

Massachusetts General Laws - Waterways - Chapter 91, Section 25

Supervision of province lands . Section 25. The department shall have general supervision of so much of the province lands at Provincetown as lies north ...

Massachusetts General Laws - Waterways - Chapter 91, Section 26

Exemption of portion of province lands from certain provisions of law . Section 26. Section two of this chapter, chapter two hundred and sixty-one of ...

Massachusetts General Laws - Waterways - Chapter 91, Section 27

Bounds of province lands; regulations . Section 27. The department shall fix and mark the bounds of the province lands within its jurisdiction and establish ...

Massachusetts General Laws - Waterways - Chapter 91, Section 28

Unlawful existing structures . Section 28. This chapter shall not legalize any structure, filling or other occupation or encroachment, made or done without authority, upon ...

Massachusetts General Laws - Waterways - Chapter 91, Section 29

Improvement of tidal and non-tidal waters by counties or towns; assumption of liability for improvements . Section 29. A county or town may appropriate money ...

Massachusetts General Laws - Waterways - Chapter 91, Section 29A

Protection of private property along shores; construction of structures by cities or towns . Section 29A. Any city or town which accepts the provisions of ...

Massachusetts General Laws - Waterways - Chapter 91, Section 30

Removal of gravel, sand, stones, etc. from beaches; notice; penalty . Section 30. If it appears to the department that the digging or removal of ...

Massachusetts General Laws - Waterways - Chapter 91, Section 30A

Removal of natural barriers preventing erosion by sea; jurisdiction of superior court; penalty . Section 30A. Whoever removes stones, gravel, sand or other material from ...

Massachusetts General Laws - Waterways - Chapter 91, Section 31

Surveys and improvements for preservation of harbors . Section 31. The department may make surveys and improvements for the preservation of harbors and may repair ...

Massachusetts General Laws - Waterways - Chapter 91, Section 32

Survey of Connecticut river . Section 32. The department shall, as funds are appropriated therefor, cause that portion of the Connecticut river lying within the ...

Massachusetts General Laws - Waterways - Chapter 91, Section 33

Improvement of topographical survey of commonwealth; sale of maps . Section 33. The department may make such surveys and do such other work as may ...

Massachusetts General Laws - Waterways - Chapter 91, Section 34

Establishment of harbor lines . Section 34. The department of environmental protection may, after hearing the parties interested, prescribe lines in any harbor of the ...

Massachusetts General Laws - Waterways - Chapter 91, Section 35

Great ponds; definition . Section 35. The provisions of this chapter relative to great ponds shall apply only to ponds containing in their natural state ...

Massachusetts General Laws - Waterways - Chapter 91, Section 36

Applications to congress for appropriations for harbors . Section 36. The department may apply to congress for appropriations for the protection and improvement of any ...

Massachusetts General Laws - Waterways - Chapter 91, Section 37

Enforcement of stipulations in deeds from commonwealth . Section 37. If the commonwealth has the right under stipulations in a deed given in its name ...

Massachusetts General Laws - Waterways - Chapter 91, Section 38

Removal of wrecked vessels or property on shores or waters . Section 38. The department shall take charge of any wrecked vessel or other shipwrecked ...

Massachusetts General Laws - Waterways - Chapter 91, Section 39

Removal of wrecks in tide waters . Section 39. If a wrecked, sunken or abandoned vessel, or any unlawful or unauthorized structure or thing, is ...

Massachusetts General Laws - Waterways - Chapter 91, Section 40

Notice to owner of vessel causing obstruction . Section 40. If any person in the United States is known to the department as the owner ...

Massachusetts General Laws - Waterways - Chapter 91, Section 41

Removal after notice . Section 41. If such vessel or other obstruction is not removed within the time specified in such notice, and in a ...

Massachusetts General Laws - Waterways - Chapter 91, Section 42

Liability for expense of removals . Section 42. Whoever owns a vessel or an interest in a vessel wilfully or maliciously wrecked, sunk or abandoned ...

Massachusetts General Laws - Waterways - Chapter 91, Section 43

Sale of vessels or other obstruction . Section 43. If the cost and expenses of removing a vessel or other obstruction as aforesaid are not ...

Massachusetts General Laws - Waterways - Chapter 91, Section 44

Liability of insurer . Section 44. An insurer of a vessel who has paid the loss thereon shall not, by reason of such insurance, be ...

Massachusetts General Laws - Waterways - Chapter 91, Section 45

Application to federal government for reimbursement . Section 45. The department shall make application to the government of the United States for reimbursement of any ...

Massachusetts General Laws - Waterways - Chapter 91, Section 46

License for breaking up and disposing of floating structures . Section 46. The owners of any vessel, scow, lighter or similar floating structure lying within ...

Massachusetts General Laws - Waterways - Chapter 91, Section 46A

Violations of Sec. 46; penalty . Section 46A. Whoever, without first obtaining the license required by section forty-six, causes or permits the work of breaking ...

Massachusetts General Laws - Waterways - Chapter 91, Section 47

Application for license; issuance; conditions; bond . Section 47. Upon the application of the owner of any vessel, scow, lighter or similar floating structure, the ...

Massachusetts General Laws - Waterways - Chapter 91, Section 48

Failure to comply with terms of license; completion of work by department . Section 48. Whenever a licensee under either of the two preceding sections ...

Massachusetts General Laws - Waterways - Chapter 91, Section 49

Grounding floating structure within harbor; penalty; sinking by accident . Section 49. Whoever grounds or abandons any vessel, scow, lighter or other floating structure within ...

Massachusetts General Laws - Waterways - Chapter 91, Section 49A

Removal of whales or other mammals from tidewaters . Section 49A. If a whale or other mammal is deposited or remains in the tidewaters or ...

Massachusetts General Laws - Waterways - Chapter 91, Section 49B

Removal of dilapidated or unsafe wharves or piers; notice; revocation of license; liability for cost; lien . Section 49B. The department shall remove or cause ...

Massachusetts General Laws - Waterways - Chapter 91, Section 50

Foreign corporations engaged in business of wrecking or salvaging; license; bond; penalty . Section 50. No foreign corporation shall engage in the business of wrecking ...

Massachusetts General Laws - Waterways - Chapter 91, Section 51

Impairment of right or authority derived from federal government . Section 51. The preceding section shall not impair any right or authority derived from, or ...

Massachusetts General Laws - Waterways - Chapter 91, Section 52

Supervision of transportation and dumping of dredged material in tidewaters; payment of cost; burning and towing of rubbish . Section 52. The department shall supervise ...

Massachusetts General Laws - Waterways - Chapter 91, Section 53

Terms of license . Section 53. Every license or permit issued to any person to dredge in the tide waters of the commonwealth shall contain ...

Massachusetts General Laws - Waterways - Chapter 91, Section 54

Dumping; notice; inspector; cost of supervision . Section 54. Every contractor or other person shall, at least three days before commencing any piece of dredging ...

Massachusetts General Laws - Waterways - Chapter 91, Section 55

Penalty for violating Secs. 52 to 54 . Section 55. Whoever violates any provision of sections fifty-two, fifty-three and fifty-four or of any license or ...

Massachusetts General Laws - Waterways - Chapter 91, Section 56

Application of Secs. 52 to 55 to federal government and its agents . Section 56. The four preceding sections shall not apply to the dredging, ...

Massachusetts General Laws - Waterways - Chapter 91, Section 57

Jurisdiction of supreme judicial court . Section 57. The supreme judicial court shall have jurisdiction in equity, upon information filed by the attorney general, of ...

Massachusetts General Laws - Waterways - Chapter 91, Section 58

Arrest without warrant . Section 58. Any officer qualified to serve criminal process may, within his jurisdiction, arrest without a warrant any person found in ...

Massachusetts General Laws - Waterways - Chapter 91, Section 59

Discharge of petroleum products, refuse or other matter into or on lakes, rivers or tidal waters; penalty; exception; enforcement . Section 59. Whoever pumps, discharges ...

Massachusetts General Laws - Waterways - Chapter 91, Section 59A

Tort liability for discharge or deposit of crude petroleum or products; double damages . Section 59A. Whoever, by himself or his agent, so negligently pumps, ...

Massachusetts General Laws - Waterways - Chapter 91, Section 59B

Marinas; licensing by division of water pollution control; restrictions; term; renewal; fees . Section 59B. No marina shall be operated without a license issued by ...

Massachusetts General Laws - Waterways - Chapter 91, Section 60 to 62

Repealed, 1968, 501, Sec. 2 . ...

Massachusetts General Laws - Waterways - Chapter 91, Section 63

Salvage, recovery, etc. of underwater archaeological resources; permits; restrictions; disposition of resources; enforcement; violations; penalties; jurisdiction and venue . Section 63. No person, organization or ...

Last modified: November 19, 2006