General Laws of Massachusetts - Chapter 21 Department of Environmental Management
- Massachusetts General Laws - Department; natural resources defined; duties; divisions - Chapter 21, Section 1
[The Department of Environmental Management was changed to the Department of Conservation and Recreation by 2008, 451, Sec. 33.] Chapter 21: Section 1. Department; natural...
- Massachusetts General Laws - Stewardship council - Chapter 21, Section 2
The department shall be under the control of a stewardship council, which shall consist of 13 persons to be appointed by the governor in the...
- Massachusetts General Laws - Members of the council - Chapter 21, Section 2A
The governor shall appoint 11 members of the stewardship council with due regard to geographical distribution, provided that 5 members shall reside within the urban...
- Massachusetts General Laws - Removal of members of stewardship council; absence from meetings; appointment of successor; certificates of absence - Chapter 21, Section 2B
Members of the stewardship council may be removed for cause by the governor, with the advice and consent of the council, after due notice and...
- Massachusetts General Laws - Meetings of council; joint meetings with advisory board - Chapter 21, Section 2C
The stewardship council shall meet within the commonwealth within thirty days after appointment and at least once a month thereafter. It shall elect, at least...
- Massachusetts General Laws - Members of council; holding other positions in department - Chapter 21, Section 2D
No member of the stewardship council shall hold any other position in the department while serving as such nor for a period of one year
- Massachusetts General Laws - Compensation of council members; expenses - Chapter 21, Section 2E
Members of the stewardship council shall serve without pay, but shall be reimbursed, out of any funds available for the purpose, for necessary expenses incurred...
- Massachusetts General Laws - Management guidelines for sustainable forestry practices on public and private forest lands - Chapter 21, Section 2F
The director of state parks and recreation shall work in cooperation with the director of the division of fisheries and wildlife within the department of...
- Massachusetts General Laws - Oversight strategy plans - Chapter 21, Section 2G
The stewardship council shall develop an oversight strategy of park management plans, capital planning and policy development. Such oversight strategies will be published annually and...
- Massachusetts General Laws - Commissioner; directors - Chapter 21, Section 3
The commissioner of conservation and recreation shall be the executive and administrative officer of the department, and he shall exercise supervision, direction and control over...
- Massachusetts General Laws - Acting commissioner; commissioner’s salary - Chapter 21, Section 3A
The stewardship council may designate an acting commissioner in the absence or disability of the commissioner, such acting commissioner to have the powers of the...
- Massachusetts General Laws - Experts and other employees - Chapter 21, Section 3B
The commissioner and the division directors may employ such experts, clerks, and other employees from time to time, and for such periods as they may...
- Massachusetts General Laws - Annual budget; report - Chapter 21, Section 3C
The commissioner shall, with the approval of the stewardship council, prepare an annual budget of the department, and shall file the same pursuant to section...
- Massachusetts General Laws - Acting directors - Chapter 21, Section 3D
The commissioner may designate acting directors during the absence or disability of a director. Such acting director shall have the powers of the director, provisions...
- Massachusetts General Laws - Open space land acquisition; loans to cities and towns - Chapter 21, Section 3E
The department shall administer a program of zero interest loans to cities and towns for the acquisition of open space land utilizing monies in the...
- Massachusetts General Laws - Repealed, 2003, 26, Sec. 86 - Chapter 21, Section 4 to 4B
Repealed, 2003, 26, Sec.
- Massachusetts General Laws - Repealed, 1995, 38, Sec. 38 - Chapter 21, Section 4C
Repealed, 1995, 38, Sec.
- Massachusetts General Laws - Repealed, 2003, 26, Sec. 86 - Chapter 21, Section 4D to 6F1/2
Repealed, 2003, 26, Sec.
- Massachusetts General Laws - Repealed, 1992, 133, Sec. 260 - Chapter 21, Section 6G
Repealed, 1992, 133, Sec.
- Massachusetts General Laws - [There is no 21:6H.] - Chapter 21, Section 6H
[There is no
- Massachusetts General Laws - Repealed, 2003, 26, Sec. 87 - Chapter 21, Section 6I
Repealed, 2003, 26, Sec.
- Massachusetts General Laws - Repealed, 2003, 26, Sec. 86 - Chapter 21, Section 7
Repealed, 2003, 26, Sec.
- Massachusetts General Laws - Repealed, 1974, 806, Sec. 10 - Chapter 21, Section 7A
Repealed, 1974, 806, Sec.
- Massachusetts General Laws - Repealed, 2003, 26, Sec. 86 - Chapter 21, Section 7B to 7I
Repealed, 2003, 26, Sec.
- Massachusetts General Laws - Division of water supply protection - Chapter 21, Section 8
The division of water supply protection, hereinafter called the division, shall be under the supervision and control of the commissioner of department of conservation and
- Massachusetts General Laws - Repealed, 1983, 589, Sec. 2 - Chapter 21, Section 8A
Repealed, 1983, 589, Sec.
- Massachusetts General Laws - Definitions applicable to this section and Secs. 8C and 8D - Chapter 21, Section 8B
The following words and phrases, as used in this section and sections eight C and eight D, shall have the following meanings:— “Commission”, the water...
- Massachusetts General Laws - Increase in interbasin transfers of surface and groundwater; approval; exemption - Chapter 21, Section 8C
Any increase over the present rate of interbasin transfers of the surface or groundwater of the river basin shall require the approval of the commission,...
- Massachusetts General Laws - Rules and regulations; criteria for approval; hearings; procedure - Chapter 21, Section 8D
The commission shall promulgate rules and regulations defining and delineating the river basins of the commonwealth, and establish application procedures and criteria upon which the...
- Massachusetts General Laws - Federal Watershed Protection and Flood Prevention Act; programs - Chapter 21, Section 9
The division shall be the agency of the commonwealth having administrative responsibility, according to criteria established by the commission, over programs provided for by the...
- Massachusetts General Laws - Acquisition of lands and waters - Chapter 21, Section 9A
The division may, subject to the approval of the water resources commission and after proper consideration of the criteria established by the water resources commission,...
- Massachusetts General Laws - Groundwater survey program - Chapter 21, Section 9B
The division shall be the administrator of the state’s contribution to the cooperative survey program of the United States Geological Survey, hereinafter referred to as...
- Massachusetts General Laws - Repealed, 1983, 589, Sec. 5 - Chapter 21, Section 10
Repealed, 1983, 589, Sec.
- Massachusetts General Laws - Employees; rules and regulations - Chapter 21, Section 11
The division may employ such technical and clerical assistance and consultants as may be necessary to fulfill the responsibilities of the division as specified in...
- Massachusetts General Laws - Federal Watershed Protection and Flood Prevention Act; applications for assistance - Chapter 21, Section 12
Applications for assistance under the federal Watershed Protection and Flood Prevention Act shall be initiated by the local organization, and may not be initiated by...
- Massachusetts General Laws - Works of improvement; assistance from commonwealth; conditions - Chapter 21, Section 13
The division shall require, as a condition to providing assistance from the commonwealth for the installation and operation and maintenance of works of improvement, that...
- Massachusetts General Laws - Works of improvement; contracting authority; agents; costs - Chapter 21, Section 14
At such time as the United States Secretary of Agriculture and the interested local organization have agreed upon a plan for works of improvement, the...
- Massachusetts General Laws - Works of improvement; appropriations; federal, state or local funds - Chapter 21, Section 15
At such time as the United States Secretary of Agriculture and the interested local organization have agreed upon a plan for works of improvement, and...
- Massachusetts General Laws - Repealed, 2009, 4, Sec. 1 - Chapter 21, Section 16
Repealed, 2009, 4, Sec.
- Massachusetts General Laws - Repealed, 1977, 363A, Sec. 61 - Chapter 21, Section 17
Repealed, 1977, 363A, Sec.
- Massachusetts General Laws - Repealed, 2003, 26, Sec. 93 - Chapter 21, Section 17A 17B
Repealed, 2003, 26, Sec.
- Massachusetts General Laws - Public use of land for recreational, conservation, scientific educational and other purposes; landowner’s liability limited; exception - Chapter 21, Section 17C
(a) Any person having an interest in land including the structures, buildings, and equipment attached to the land, including without limitation, railroad and utility corridors,...
- Massachusetts General Laws - Public removal of fuel wood; landowner’s liability for injuries - Chapter 21, Section 17D
An owner of land who permits the public to use such land for the removal of fuel wood without imposing a charge or fee therefor...
- Massachusetts General Laws - [There is no 21:17E.] - Chapter 21, Section 17E
[There is no
- Massachusetts General Laws - Repealed, 2003, 26, Sec. 94 - Chapter 21, Section 17F
Repealed, 2003, 26, Sec.
- Massachusetts General Laws - Agreements with nonprofit organizations for stewardship services; charge or solicitation of donations for activity or event on department of conservation and recreation property; liability of volunteer; posting of volunteer guidelines on website - Chapter 21, Section 17G
(a) For purposes of this section, the words “nonprofit organization” and “volunteer” shall have the same meaning as used in 42 U.S.C. 14505. (b) The...
- Massachusetts General Laws - Division of conservation services - Chapter 21, Section 18
The division of conservation services within the office of the secretary of the executive office of environmental affairs shall be under the administrative supervision of...
- Massachusetts General Laws - State commission for conservation of soil, water and related resources; establishment - Chapter 21, Section 19
There shall be in the division a commission for conservation of soil, water and related resources, hereinafter called the state commission. Said commission shall consist...
- Massachusetts General Laws - State commission for conservation of soil, water and related resources; powers and duties. - Chapter 21, Section 20
The state commission, unless otherwise specified, shall have the following powers and duties:— (1) To encourage and assist educational work in the conservation and development...
- Massachusetts General Laws - Conservation districts; formation, change of boundaries or dissolution of district; procedure - Chapter 21, Section 21
Whenever the state commission receives a petition signed by at least one hundred land occupiers, herein defined as owners, lessees or tenants in possession, residing...
- Massachusetts General Laws - Conservation districts; supervisors of districts - Chapter 21, Section 22
Within sixty days after the state commission has established a conservation district it shall appoint a board of no less than five no more than...
- Massachusetts General Laws - Conservation districts; supervisors as governing body - Chapter 21, Section 23
The supervisors of a conservation district shall be the governing body thereof. They shall designate from their membership a chairman and may from time to...
- Massachusetts General Laws - Conservation districts; supervisors’ powers and duties - Chapter 21, Section 24
The supervisors of a conservation district shall also have the following powers and duties: (1) To conduct surveys, investigations and research relating to the conservation...
- Massachusetts General Laws - Conservation districts; inter-district cooperation - Chapter 21, Section 25
The supervisors of any two or more districts may co-operate and enter into agreements with one another in the exercise of any or all powers...
- Massachusetts General Laws - Conservation districts; powers - Chapter 21, Section 25A
Conservation district divisions established pursuant to section twenty may exercise any and all powers set forth in sections twenty-one to twenty-five, inclusive.
- Massachusetts General Laws - Division of water pollution control - Chapter 21, Section 26
There shall be in the department of environmental protection, a division of water pollution control, hereinafter in this section and in sections twenty-seven to fifty-three,...
- Massachusetts General Laws - Definitions applicable to Secs. 26 to 53 - Chapter 21, Section 26A
Unless the context otherwise requires, when used in sections twenty-six to fifty-three, inclusive, the following words shall have the following meanings: “Abatement facilities”, facilities for...
- Massachusetts General Laws - Division of water pollution control; powers and duties - Chapter 21, Section 27
It shall be the duty and responsibility of the division to enhance the quality and value of water resources and to establish a program for...
- Massachusetts General Laws - Water pollution abatement projects; certification; financial assistance; eligibility - Chapter 21, Section 27A
(a) The department of environmental protection shall cooperate with the board of trustees of the water pollution abatement trust established by chapter twenty-nine C to...
- Massachusetts General Laws - Water pollution abatement districts; establishment; dissolution; enlargement or consolidation - Chapter 21, Section 28
(a) The division is hereby authorized, with the approval of the water resources commission, to propose water pollution abatement districts consisting of one or more...
- Massachusetts General Laws - Status of district; district commission; membership; executive director; treasurer; personnel - Chapter 21, Section 29
Each district shall be a body politic and corporate and shall have a commission to be known as the district commission. Except as provided in...
- Massachusetts General Laws - Powers of district commission - Chapter 21, Section 30
A district commission (1) may act by a majority vote of the full commission, (2) shall adopt by-laws and regulations for the conduct of its...
- Massachusetts General Laws - Grants for construction of collection systems - Chapter 21, Section 30A
The division may make grants to public entities for the costs of constructing collection systems. Subject to appropriation, such grants shall be made in accordance...
- Massachusetts General Laws - Development of comprehensive water pollution abatement plan; planning grant - Chapter 21, Section 31
A public entity may apply to the division for a planning grant by the commonwealth for the purpose of assisting the public entity in developing...
- Massachusetts General Laws - Presentation of plan to division; contents; approval - Chapter 21, Section 32
A district shall present a plan for abatement of water pollution to the division within one year after its establishment or such greater or lesser...
- Massachusetts General Laws - Financial assistance - Chapter 21, Section 33
The division may make a grant to a public entity for the eligible costs of a planning, design or construction project for abatement facilities where...
- Massachusetts General Laws - Financial assistance in towns of more than 20,000 inhabitants - Chapter 21, Section 33A
Notwithstanding the provisions of section thirty-three, if a town having a population of more than twenty thousand inhabitants according to the latest federal census, has...
- Massachusetts General Laws - Engineering reports of plans for facilities; failure of governmental units to submit as ordered; preparation by director; distribution of costs - Chapter 21, Section 33B
If any city, town or special district, or other existing governmental unit authorized to construct, own, operate, extend or improve abatement facilities as defined in...
- Massachusetts General Laws - Action by director pursuant to Sec. 33B; contract for engineering reports authorized - Chapter 21, Section 33C
When it is necessary for the director of the division of water pollution to take the action referred to in section thirty-three B, said director...
- Massachusetts General Laws - Director authorized to order governmental units to construct facilities - Chapter 21, Section 33D
In order to prevent or reduce discharges to the waters of the commonwealth or to implement comprehensive basin or regional plans approved by the division...
- Massachusetts General Laws - Water pollution abatement projects; grants - Chapter 21, Section 33E
The department of environmental protection may make a grant to a local governmental unit as defined in chapter twenty-nine C for the eligible costs of...
- Massachusetts General Laws - Supervision of operation and maintenance of treatment works - Chapter 21, Section 34
The division shall supervise the operation and maintenance of treatment works within the commonwealth, and the director may require the person owning and operating such...
- Massachusetts General Laws - Board of certification of operators of wastewater treatment facilities; members; duties - Chapter 21, Section 34A
There shall be within the department of environmental protection a board of certification of operators of wastewater treatment facilities. The purpose of the board shall...
- Massachusetts General Laws - Evaluation and certification program; application; certification; fees - Chapter 21, Section 34B
The board shall conduct a program of evaluating and certifying individuals who wish to be certified as operators of wastewater treatment facilities. The board may...
- Massachusetts General Laws - Certification requirement; violation; penalty - Chapter 21, Section 34C
No person shall manage, operate or maintain a facility used for the treatment, neutralization or stabilization of wastewater from homes, public buildings, or commercial or...
- Massachusetts General Laws - General obligation serial bonds or notes; temporary notes; indebtedness - Chapter 21, Section 35
The district by vote of the commissioners is authorized to issue, from time to time, general obligation serial bonds or notes of the district to...
- Massachusetts General Laws - Amounts necessary for payment of bonds and notes and maintenance of district; determination; apportionment of costs; schedule of charges - Chapter 21, Section 36
The district commission shall annually determine the amounts required for the payment of principal and interest on such bonds and notes issued or to be...
- Massachusetts General Laws - Reimbursement for costs of water pollution abatement project - Chapter 21, Section 37
The metropolitan district commission, or any city, town or other political subdivision which prior to the sixth day of September, nineteen hundred and sixty-six had...
- Massachusetts General Laws - Program for preservation and restoration of publicly-owned lakes and great ponds - Chapter 21, Section 37A
The department of environmental management, in this section referred to as the department, shall administer a program for the preservation and restoration of the publicly-owned...
- Massachusetts General Laws - Aquatic nuisance control program - Chapter 21, Section 37B
(a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:— “Aquatic nuisance”, undesirable or...
- Massachusetts General Laws - State assistance to municipalities or agencies for aquatic nuisance control - Chapter 21, Section 37C
A municipality, or group of municipalities, or an agency of the state, which desires state assistance to control aquatic nuisances may apply in writing to...
- Massachusetts General Laws - Priority of projects - Chapter 21, Section 37D
The department shall make awards to priority projects to the extent that funds are available. First priority shall be projects to manage incipient infestations of...
- Massachusetts General Laws - Water pollution control research and demonstration projects; environmental quality studies; management plans; training and support programs - Chapter 21, Section 38
The director, from funds appropriated or provided by grants, with the approval of the commissioner, shall provide for the conduct of research and demonstration projects...
- Massachusetts General Laws - Clean waters scholarship intern program - Chapter 21, Section 38A
There shall be in the division a clean waters scholarship intern program which shall be administered by the director. The director, subject to appropriation and...
- Massachusetts General Laws - Reservoirs - Chapter 21, Section 39
The water resources commission may, from the proceeds of bond issues authorized for water pollution control, construct or expand reservoirs at locations throughout the commonwealth...
- Massachusetts General Laws - Entry upon property; investigation or inspection; examination of records - Chapter 21, Section 40
The director, his authorized representative, or personnel of the division of watershed management in the metropolitan district commission or of the Massachusetts Water Resources Authority...
- Massachusetts General Laws - Recommendations by water resources commission - Chapter 21, Section 41
The water resources commission shall from time to time recommend to the governor and the interstate water pollution control commission programs for interstate river basin...
- Massachusetts General Laws - Discharge into water; violations of chapter, regulation, order or permit; false representations; tampering with monitoring device or method; criminal and civil penalties - Chapter 21, Section 42
Any person who, directly or indirectly, throws, drains, runs, discharges or allows the discharge of any pollutant into waters of the commonwealth, except in conformity...
- Massachusetts General Laws - Permit proceedings; regulations; requirements of permit; application; forms; fees - Chapter 21, Section 43
(1) For purposes of this section, “permit proceeding” includes the consideration of any application for a permit and of any proposal or request to suspend,...
- Massachusetts General Laws - Discharge violations; orders to comply - Chapter 21, Section 44
(1) Whenever it appears to the director that there are discharges of pollutants without a required permit, or that such discharges are in violation of...
- Massachusetts General Laws - Proposals to suspend or revoke permit; cease and desist orders; request for hearing - Chapter 21, Section 45
Any proposal to suspend or revoke a permit, in whole or in part, under paragraph (10) of section forty-three, including any proposed reduction in an...
- Massachusetts General Laws - Injunctive relief; jurisdiction - Chapter 21, Section 46
The attorney general may, upon request of the director, bring action for injunctive relief against any person violating a provision of this chapter, or of...
- Massachusetts General Laws - Judicial review; jurisdiction - Chapter 21, Section 46A
Any person aggrieved by an order, permit determination or other action of the director, other than an order consented to, may obtain judicial review by...
- Massachusetts General Laws - Repealed, 1970, 704, Sec. 5 - Chapter 21, Section 47
Repealed, 1970, 704, Sec.
- Massachusetts General Laws - Annual estimates and reports - Chapter 21, Section 48
The director shall annually submit to the budget director the estimates required by sections three and four of chapter twenty-nine, and shall file an annual...
- Massachusetts General Laws - Repealed, 1970, 704, Sec. 5 - Chapter 21, Section 49
Repealed, 1970, 704, Sec.
- Massachusetts General Laws - Terminals; licenses; inspections - Chapter 21, Section 50
The division shall have the power to license all terminals in the commonwealth for the loading or discharge of petroleum products from vessels, and may...
- Massachusetts General Laws - Oil terminals; pollution prevention; revocation of license - Chapter 21, Section 50A
Notwithstanding the provisions of section fifty, every owner or operator of an oil terminal or wharf shall employ a trained crew and have a boom,...
- Massachusetts General Laws - Definitions applicable to Secs. 50C to 50E - Chapter 21, Section 50B
As used in sections 50C to 50E, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meaning:— “Area of special...
- Massachusetts General Laws - Vessel; certificate of financial assurance - Chapter 21, Section 50C
(a) Any vessel, whether or not self-propelled, in or entering upon the waters of the commonwealth for the purpose of transporting, discharging or receiving a...
- Massachusetts General Laws - Maritime spill incident; hazardous materials; environmental police officers - Chapter 21, Section 50D
For the purpose of investigating a maritime spill incident resulting in, or reasonably likely to result in, either directly or indirectly, a discharge of oil,...
- Massachusetts General Laws - Waters of the commonwealth; areas of special interest - Chapter 21, Section 50E
The secretary of environmental affairs or his designee shall identify specific “areas of special interest” within the waters of the commonwealth as defined in section...
- Massachusetts General Laws - Coordination with federal government and local authorities; agreements - Chapter 21, Section 51
The division shall represent the commonwealth in its relations with the federal government and with cities, towns and authorities in all matters relating to oil...
- Massachusetts General Laws - Repealed, 1979, 704, Sec. 1 - Chapter 21, Section 52
Repealed, 1979, 704, Sec.
- Massachusetts General Laws - Waste oil retention facilities; installation and maintenance - Chapter 21, Section 52A
Every automobile service station, marina serving powered watercraft and retail outlet selling automobile lubricating oil shall, no later than June thirtieth, nineteen hundred and seventy-four,...
- Massachusetts General Laws - Short title; investigation and prosecution of violations - Chapter 21, Section 53
Sections twenty-six to fifty-three, inclusive, shall be known and referred to as the Massachusetts Clean Waters Act and the officers of the division of law...
- Massachusetts General Laws - Sewer charges; base rate - Chapter 21, Section 53A
All municipalities or sewer districts within the jurisdiction of the Massachusetts Water Resources Authority, but not including communities serviced by the Connecticut Valley Aqueduct shall...
- Massachusetts General Laws - Division of mineral resources - Chapter 21, Section 54
The division of mineral resources shall be within the department of environmental protection in this section and in section fifty-five called the department and shall...
- Massachusetts General Laws - Cooperation with other governmental units; agreements; federal and private grants - Chapter 21, Section 55
Said director with the approval of the department shall cooperate with all departments, boards, officials and institutions of the commonwealth and its political subdivisions that...
- Massachusetts General Laws - License and lease requirements; violations; penalties; enforcement - Chapter 21, Section 56
No person shall explore by seismic, electronic or any other method for mineral resources on or in said coastal waters or lands thereunder without a...
- Massachusetts General Laws - Repealed, 1979, 704, Sec. 1 - Chapter 21, Section 57 58
Repealed, 1979, 704, Sec.
- Massachusetts General Laws - Watershed preservation restrictions program - Chapter 21, Section 59
(a) The secretary of environmental affairs shall establish a program to assist the commonwealth in the acquisition of watershed preservation restrictions, as defined in section...
- Massachusetts General Laws - Watershed lands preservation committee - Chapter 21, Section 60
There is hereby created a watershed lands preservation committee in the department of conservation and recreation, the members of which shall be the commissioner of...
- Massachusetts General Laws - Watershed preservation restrictions program; annual report - Chapter 21, Section 61
The commissioner of conservation and recreation shall prepare an annual report on the watershed preservation restriction program. The report shall include the number and geographic...
- Massachusetts General Laws - Watershed preservation restrictions; tax assessment - Chapter 21, Section 62
Land under watershed preservation restriction, while remaining under such restriction, shall be assessed for general tax purposes, to reflect the diminution of land value which...
- Massachusetts General Laws - Surveys, soundings, drillings or examinations - Chapter 21, Section 63
Whenever the department deems it necessary to make surveys, soundings, drillings or examinations to obtain information for or to expedite the construction of its watershed...
- Massachusetts General Laws - Annual report on dams - Chapter 21, Section 64
The commissioner of conservation and recreation, in conjunction with the commissioner of fish and game, the division of fisheries and wildlife, and the riverways program,...
- Massachusetts General Laws - Emergency action plans for high and significant hazard dams; inspection schedule; review of hazard classification - Chapter 21, Section 65
(a) As used in this section and section 66, the following words shall, unless the context clearly require otherwise, have the following meanings:— “High hazard...
- Massachusetts General Laws - Interagency support for duties under Secs. 64 and 65 and Secs. 44 to 48B of Chapter 253 - Chapter 21, Section 66
The department may consult with and receive inspection and other support from the department of fish and game, the division of fisheries and wildlife and...
Last modified: September 11, 2015