General Laws of Massachusetts - Chapter 91 Waterways
- Massachusetts General Laws - Definitions - Chapter 91, Section 1
In this chapter, unless the context otherwise requires, the following words shall have the following meanings: “Boston harbor”, that part of Boston harbor lying westerly...
- Massachusetts General Laws - Duties of public works department relative to commonwealth lands - Chapter 91, Section 2
The department shall, except as otherwise provided, have charge of the lands, rights in lands, flats, shores and rights in tide waters belonging to the...
- Massachusetts General Laws - Powers as to property acquired, built or improved in Plymouth by Pilgrim tercentenary commission - Chapter 91, Section 2A
The department, having charge under section two of the lands, pier, structures and other property in the town of Plymouth belonging to the commonwealth which...
- Massachusetts General Laws - Powers as to Boston harbor - Chapter 91, Section 3
The department shall have all the rights, powers and duties transferred to the directors of the port of Boston under section four of chapter seven...
- Massachusetts General Laws - Improvement of Boston harbor; access to piers, railroads, etc. - Chapter 91, Section 4
The department shall undertake such work for the improvement, development, maintenance and protection of Boston harbor as it deems reasonable and proper. It may, with...
- Massachusetts General Laws - Power to take or purchase real property - Chapter 91, Section 5
With the consent of the governor and council, the department may take by eminent domain under chapter seventy-nine or acquire by purchase or otherwise, and...
- Massachusetts General Laws - Repealed, 1966, 621, Sec. 1 - Chapter 91, Section 5A
Repealed, 1966, 621, Sec.
- Massachusetts General Laws - Power to lease piers, etc.; Port of Boston Fund - Chapter 91, Section 6
The department may lease for a period not exceeding twenty years, under such covenants and conditions as it prescribes, storage facilities, wharves, piers, bulkheads, docks,...
- Massachusetts General Laws - Piers, etc.; freight loading equipment; rules and regulations - Chapter 91, Section 7
All piers and other similar structures in Boston harbor built by the department or its predecessors shall be equipped, either by the department or by...
- Massachusetts General Laws - Acquisition of Apple Island and shore lands - Chapter 91, Section 8
The department shall take all proper measures to obtain from Boston, without expense to the commonwealth, a conveyance of all the present right, title and...
- Massachusetts General Laws - Utilization plans for acquired property - Chapter 91, Section 9
The department shall make, and, so far as practicable, put into execution, comprehensive plans providing, on the lands now owned or hereafter acquired by the...
- Massachusetts General Laws - Construction or reconstruction of piers and waterfront terminal facilities; written contracts - Chapter 91, Section 9A
The department may adopt a program of construction or reconstruction of piers and other waterfront terminal facilities at any port of the commonwealth after holding...
- Massachusetts General Laws - Powers and duties relative to harbors, etc. - Chapter 91, Section 10
The department shall have general care and supervision of the harbors and tide waters within the commonwealth, of the flats and lands flowed thereby, of...
- Massachusetts General Laws - Temporary moorings of floats or rafts; permits, issuance or refusal; review; public nuisances - Chapter 91, Section 10A
Notwithstanding any contrary provision of law, the harbormaster of a city or town or whomsoever is so empowered by said city or town may authorize...
- Massachusetts General Laws - Repealed, 2003, 26, Sec. 239 - Chapter 91, Section 10A1/2
Repealed, 2003, 26, Sec.
- Massachusetts General Laws - Repealed, 1977, 363A, Sec. 64 - Chapter 91, Section 10B
Repealed, 1977, 363A, Sec.
- Massachusetts General Laws - Docking of commercial vessels; permits; applications; appeal - Chapter 91, Section 10C
Notwithstanding any contrary provision of law, the harbormaster of a city or town or whomsoever is so empowered by said city or town may authorize...
- Massachusetts General Laws - Scuba divers and skin divers; access to Commonwealth tidelands - Chapter 91, Section 10D
No person shall be denied access during daylight hours to commonwealth tidelands across any land available to the public for swimming or recreation which is...
- Massachusetts General Laws - Improvement and preservation of rivers, streams, harbors, etc. - Chapter 91, Section 11
The department shall undertake such construction and work for the improvement, development, maintenance and protection of tidal and non-tidal rivers and streams, great ponds, harbors,...
- Massachusetts General Laws - Resource protection, navigational safety and development projects; work agreements with local authorities - Chapter 91, Section 11A
The department is hereby authorized to enter into agreements with municipalities, local commissions or local authorities for performance of work necessary for resource protection, navigational...
- Massachusetts General Laws - License for structures in Connecticut, Westfield and Merrimack rivers - Chapter 91, Section 12
The department may license and prescribe the terms for the construction or extension of a dam, road, bridge, or other structure, or the filling of...
- Massachusetts General Laws - License for structures in rivers or streams where expenditures for channel improvement and flood control already made - Chapter 91, Section 12A
The department may license and prescribe the terms for the construction or extension of a dam, road, bridge or other structure, or the filling of...
- Massachusetts General Laws - Licenses for booms in Connecticut river and structures in great ponds - Chapter 91, Section 13
The department may license any person to construct and maintain booms in or across the Connecticut river, for periods of not more than five years,...
- Massachusetts General Laws - License for structures in or over tide water; conduits or cables under tide water; private or commonwealth tidelands - Chapter 91, Section 14
The department may license and prescribe the terms for the construction or extension of a wharf, pier, dam, sea wall, road, bridge or other structure,...
- Massachusetts General Laws - Revocation and expiration of authority or license; exception; mortgageable interest - Chapter 91, Section 15
Every authority or license granted since eighteen hundred and sixty-eight or hereafter granted by the commonwealth to any person to build a structure or do...
- Massachusetts General Laws - Cessation, determination of authority or license for non-use - Chapter 91, Section 16
Every authority or license granted since eighteen hundred and sixty-eight by the general court or by the department or its predecessors to any person to...
- Massachusetts General Laws - Construction of licenses; approval - Chapter 91, Section 17
No license or other authority to build structures upon or to fill up or enclose any ground mentioned in the two preceding sections shall be...
- Massachusetts General Laws - Application for license; notice; hearings; records - Chapter 91, Section 18
Upon or prior to applying for a license pursuant to this section, the applicant shall submit to the planning board of the city or town...
- Massachusetts General Laws - Public access to great ponds; petition - Chapter 91, Section 18A
Upon petition of ten citizens of the commonwealth that in their opinion public necessity requires a right of way for public access to any great...
- Massachusetts General Laws - Secretary as administrator of tidelands; duties; public benefit review and public benefit determination; appointment of public information officer - Chapter 91, Section 18B
(a) The secretary shall serve as the administrator of tidelands. The secretary may appoint an individual or individuals to assist him in carrying out the...
- Massachusetts General Laws - Noncommercial small-scale docks, piers and similar structures accessory to residential use; issuance of general license; applicability of other laws to projects subject to general license - Chapter 91, Section 18C
(a) Notwithstanding any general or special law to the contrary, the department may issue a general license authorizing noncommercial small-scale docks, piers and similar structures...
- Massachusetts General Laws - Restriction on structures in great ponds - Chapter 91, Section 19
Except as authorized by the general court and as provided in this chapter, no structure shall be built or extended, or piles driven or land...
- Massachusetts General Laws - Lowering waters of great ponds; penalty - Chapter 91, Section 19A
No person authorized or licensed to build any structure, drive piles, fill land or to make any dam or other obstruction or encroachment in, over...
- Massachusetts General Laws - Supervision by department of erections under legislative grants - Chapter 91, Section 20
Whoever is authorized by the general court to build over tide waters a bridge, wharf, pier or dam, to fill flats or drive piles below...
- Massachusetts General Laws - Compensation for displacement of tidewater - Chapter 91, Section 21
The amount of tidewater displaced by any structure below high water mark, or any filling of flats, shall be ascertained by the department, which shall...
- Massachusetts General Laws - Compensation when title to land is in Commonwealth - Chapter 91, Section 22
If authority or a license is granted by the general court or by the department to a person to build a wharf or other structure...
- Massachusetts General Laws - Unauthorized work in public waters; public nuisances - Chapter 91, Section 23
Every erection made and all work done within tide water, or within the waters of a great pond or outlet thereof, or on or within...
- Massachusetts General Laws - Money paid into General Fund - Chapter 91, Section 24
Except as is provided in section six, all moneys received in payment for tide water displaced and for rights and privileges granted in tide water...
- Massachusetts General Laws - Supervision of province lands - Chapter 91, Section 25
The department shall have general supervision of so much of the province lands at Provincetown as lies north and west of a line beginning at...
- Massachusetts General Laws - Exemption of portion of province lands from certain provisions of law - Chapter 91, Section 26
Section two of this chapter, chapter two hundred and sixty-one of the acts of eighteen hundred and fifty-four, chapter one hundred and forty-four of the...
- Massachusetts General Laws - Bounds of province lands; regulations - Chapter 91, Section 27
The department shall fix and mark the bounds of the province lands within its jurisdiction and establish regulations for the care thereof. The department may...
- Massachusetts General Laws - Unlawful existing structures - Chapter 91, Section 28
This chapter shall not legalize any structure, filling or other occupation or encroachment, made or done without authority, upon the waters in or the land...
- Massachusetts General Laws - Improvement of tidal and non-tidal waters by counties or towns; assumption of liability for improvements - Chapter 91, Section 29
A county or town may appropriate money for the improvement of tidal and non-tidal rivers and streams, harbors, tide waters, foreshores and shores along a...
- Massachusetts General Laws - Protection of private property along shores; construction of structures by cities or towns - Chapter 91, Section 29A
Any city or town which accepts the provisions of this section may appropriate money for the construction of structures for the protection of private property...
- Massachusetts General Laws - Removal of gravel, sand, stones, etc. from beaches; notice; penalty - Chapter 91, Section 30
If it appears to the department that the digging or removal of stones, gravel, sand or other material, upon or from any beach, shore, bluff,...
- Massachusetts General Laws - Removal of natural barriers preventing erosion by sea; jurisdiction of superior court; penalty - Chapter 91, Section 30A
Whoever removes stones, gravel, sand or other material from any natural barrier on land bordering on the sea, which barrier furnishes protection to such land...
- Massachusetts General Laws - Surveys and improvements for preservation of harbors - Chapter 91, Section 31
The department may make surveys and improvements for the preservation of harbors and may repair damages occasioned by storms or other destructive agencies along the...
- Massachusetts General Laws - Survey of Connecticut river - Chapter 91, Section 32
The department shall, as funds are appropriated therefor, cause that portion of the Connecticut river lying within the commonwealth to be surveyed and plotted, and...
- Massachusetts General Laws - Improvement of topographical survey of commonwealth; sale of maps - Chapter 91, Section 33
The department may make such surveys and do such other work as may be required by any order of the land court, to reestablish and...
- Massachusetts General Laws - Establishment of harbor lines - Chapter 91, Section 34
The department of environmental protection may, after hearing the parties interested, prescribe lines in any harbor of the commonwealth and make report thereof to the...
- Massachusetts General Laws - Great ponds; definition - Chapter 91, Section 35
The provisions of this chapter relative to great ponds shall apply only to ponds containing in their natural state more than ten acres of land,...
- Massachusetts General Laws - Applications to congress for appropriations for harbors - Chapter 91, Section 36
The department may apply to congress for appropriations for the protection and improvement of any harbor in the commonwealth.
- Massachusetts General Laws - Enforcement of stipulations in deeds from commonwealth - Chapter 91, Section 37
If the commonwealth has the right under stipulations in a deed given in its name to enter upon premises and, at the expense of the...
- Massachusetts General Laws - Definitions applicable to Secs. 38 to 48 - Chapter 91, Section 38
As used in sections 38 to 48, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings: “Abandoned”, unoccupied, deserted,...
- Massachusetts General Laws - Willful abandonment of vessel on public lands or shores of the commonwealth - Chapter 91, Section 39
It shall be unlawful for any person to willfully abandon a vessel upon public land or the shores or waters of the commonwealth or upon...
- Massachusetts General Laws - Application for title to abandoned vessel; priority of claims; prerequisites to filing; notice to owner or lienholder - Chapter 91, Section 40
A claimant wishing to obtain title to a vessel abandoned upon public land or the shores or waters of the commonwealth or upon any private...
- Massachusetts General Laws - Failure of owner or lienholder to claim vessel; application for title by claimant - Chapter 91, Section 41
If the owner or lienholder fails to claim the vessel within 90 days after the return receipt is received by the claimant or within 90...
- Massachusetts General Laws - Granting of title to claimant - Chapter 91, Section 42
Except as otherwise set forth in this chapter or in section 179 or 180 of chapter 6 or sections 26 to 27D, inclusive, of chapter...
- Massachusetts General Laws - Removal, destruction or sale of vessel by claimant after receipt of title - Chapter 91, Section 43
After receiving title, the claimant may remove the vessel, destroy it or sell it. Removal costs shall be borne by the previous owner if that...
- Massachusetts General Laws - Removal of obstructing vessel by department; department as claimant - Chapter 91, Section 43A
If an abandoned vessel or an unlawful or unauthorized structure or thing is deposited or suffered to remain in the tide waters of the commonwealth...
- Massachusetts General Laws - Penalty for willful abandonment of vessel; exceptions - Chapter 91, Section 43B
A person who willfully abandons a vessel shall be punished by a fine of not more than $10,000, except where a vessel, scow, lighter or...
- Massachusetts General Laws - Fraudulent claim to abandoned vessel; penalty - Chapter 91, Section 43C
A person who obtains or attempts to obtain title to a vessel through fraudulent means shall be punished by a fine of not more than
- Massachusetts General Laws - Rules and regulations relating to Secs. 38 to 43C - Chapter 91, Section 43D
The department, in consultation with the office, shall promulgate such rules and regulations as are necessary to carry out the provisions of sections 38 to...
- Massachusetts General Laws - Liability of insurer - Chapter 91, Section 44
An insurer of a vessel who has paid the loss thereon shall not, by reason of such insurance, be held liable to remove such vessel,...
- Massachusetts General Laws - Application to federal government for reimbursement - Chapter 91, Section 45
The department shall make application to the government of the United States for reimbursement of any amounts expended under any provision of the seven preceding...
- Massachusetts General Laws - License for breaking up and disposing of floating structures - Chapter 91, Section 46
The owners of any vessel, scow, lighter or similar floating structure lying within the limits of any harbor of the commonwealth shall not, without first...
- Massachusetts General Laws - Violations of Sec. 46; penalty - Chapter 91, Section 46A
Whoever, without first obtaining the license required by section forty-six, causes or permits the work of breaking up or altering of any vessel, scow, lighter...
- Massachusetts General Laws - Application for license; issuance; conditions; bond - Chapter 91, Section 47
Upon the application of the owner of any vessel, scow, lighter or similar floating structure, the department may issue a license authorizing him to break...
- Massachusetts General Laws - Failure to comply with terms of license; completion of work by department - Chapter 91, Section 48
Whenever a licensee under either of the two preceding sections fails to comply with the terms of his license, the department may proceed to complete...
- Massachusetts General Laws - Repealed, 2010, 309, Sec. 3 - Chapter 91, Section 49
Repealed, 2010, 309, Sec.
- Massachusetts General Laws - Removal of whales or other mammals from tidewaters - Chapter 91, Section 49A
If a whale or other mammal is deposited or remains in the tidewaters or on the shores of the commonwealth, the department shall, if it...
- Massachusetts General Laws - Removal of dilapidated or unsafe wharves or piers; notice; revocation of license; liability for cost; lien - Chapter 91, Section 49B
The department shall remove or cause to be removed any wharf or pier located in the tide waters or tide lands of the commonwealth, which...
- Massachusetts General Laws - Foreign corporations engaged in business of wrecking or salvaging; license; bond; penalty - Chapter 91, Section 50
No foreign corporation shall engage in the business of wrecking or salvaging in the navigable waters of the commonwealth without first obtaining a license therefor...
- Massachusetts General Laws - Impairment of right or authority derived from federal government - Chapter 91, Section 51
The preceding section shall not impair any right or authority derived from, or exercised under, any law of the United States, or any right, license...
- Massachusetts General Laws - Supervision of transportation and dumping of dredged material in tidewaters; payment of cost; burning and towing of rubbish - Chapter 91, Section 52
The department shall supervise the transportation and dumping of all material dredged in the tide waters of the commonwealth, or of any other material which...
- Massachusetts General Laws - Terms of license - Chapter 91, Section 53
Every license or permit issued to any person to dredge in the tide waters of the commonwealth shall contain a provision that the transportation and...
- Massachusetts General Laws - Dumping; notice; inspector; cost of supervision - Chapter 91, Section 54
Every contractor or other person shall, at least three days before commencing any piece of dredging in tide water, give written notice to the department...
- Massachusetts General Laws - Penalty for violating Secs. 52 to 54 - Chapter 91, Section 55
Whoever violates any provision of sections fifty-two, fifty-three and fifty-four or of any license or permit granted under said sections, (a) shall be punished by...
- Massachusetts General Laws - Application of Secs. 52 to 55 to federal government and its agents - Chapter 91, Section 56
The four preceding sections shall not apply to the dredging, transporting and dumping of material by the United States, its officers or other duly authorized
- Massachusetts General Laws - Jurisdiction of supreme judicial court - Chapter 91, Section 57
The supreme judicial court shall have jurisdiction in equity, upon information filed by the attorney general, of violations of this chapter.
- Massachusetts General Laws - Arrest without warrant - Chapter 91, Section 58
Any officer qualified to serve criminal process may, within his jurisdiction, arrest without a warrant any person found in the act of committing a misdemeanor...
- Massachusetts General Laws - Discharge of petroleum products, refuse or other matter into or on lakes, rivers or tidal waters; penalty; exception; enforcement - Chapter 91, Section 59
Whoever pumps, discharges or deposits, or causes to be pumped, discharged or deposited, into or on the waters of any lake or river or into...
- Massachusetts General Laws - Tort liability for discharge or deposit of crude petroleum or products; double damages - Chapter 91, Section 59A
Whoever, by himself or his agent, so negligently pumps, discharges or deposits any crude petroleum or any of its products or any other oils or...
- Massachusetts General Laws - Marinas; licensing by division of water pollution control; restrictions; term; renewal; fees - Chapter 91, Section 59B
No marina shall be operated without a license issued by the division of water pollution control. Said division shall not issue any such license unless...
- Massachusetts General Laws - Repealed, 1968, 501, Sec. 2 - Chapter 91, Section 60 to 62
Repealed, 1968, 501, Sec.
- Massachusetts General Laws - Salvage, recovery, etc. of underwater archaeological resources; permits; restrictions; disposition of resources; enforcement; violations; penalties; jurisdiction and venue - Chapter 91, Section 63
No person, organization or corporation may remove, displace, damage or destroy underwater archaeological resources as defined in section one hundred and eighty of chapter six,...
Last modified: September 11, 2015