§ 1 Definitions
§ 2 Duties of public works department relative to commonwealth lands
§ 2A Powers as to property acquired, built or improved in Plymouth by Pilgrim tercentenary commission
§ 3 Powers as to Boston harbor
§ 4 Improvement of Boston harbor; access to piers, railroads, etc.
§ 5 Power to take or purchase real property
§ 6 Power to lease piers, etc.; Port of Boston Fund
§ 7 Piers, etc.; freight loading equipment; rules and regulations
§ 8 Acquisition of Apple Island and shore lands
§ 9 Utilization plans for acquired property
§ 9A Construction or reconstruction of piers and waterfront terminal facilities; written contracts
§ 10 Powers and duties relative to harbors, etc.
§ 10A Temporary moorings of floats or rafts; permits, issuance or refusal; review; public nuisances
§ 10C Docking of commercial vessels; permits; applications; appeal
§ 10D Scuba divers and skin divers; access to Commonwealth tidelands
§ 11 Improvement and preservation of rivers, streams, harbors, etc.
§ 11A Resource protection, navigational safety and development projects; work agreements with local authorities
§ 12 License for structures in Connecticut, Westfield and Merrimack rivers
§ 12A License for structures in rivers or streams where expenditures for channel improvement and flood control already made
§ 13 Licenses for booms in Connecticut river and structures in great ponds
§ 14 License for structures in or over tide water; conduits or cables under tide water; private or commonwealth tidelands
§ 15 Revocation and expiration of authority or license; exception; mortgageable interest
§ 16 Cessation, determination of authority or license for non-use
§ 17 Construction of licenses; approval
§ 18 Application for license; notice; hearings; records
§ 18A Public access to great ponds; petition
§ 18B Secretary as administrator of tidelands; duties; public benefit review and public benefit determination; appointment of public information officer
§ 18C 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
§ 19 Restriction on structures in great ponds
§ 19A Lowering waters of great ponds; penalty
§ 20 Supervision by department of erections under legislative grants
§ 21 Compensation for displacement of tidewater
§ 22 Compensation when title to land is in Commonwealth
§ 23 Unauthorized work in public waters; public nuisances
§ 24 Money paid into General Fund
§ 25 Supervision of province lands
§ 26 Exemption of portion of province lands from certain provisions of law
§ 27 Bounds of province lands; regulations
§ 28 Unlawful existing structures
§ 29 Improvement of tidal and non-tidal waters by counties or towns; assumption of liability for improvements
§ 29A Protection of private property along shores; construction of structures by cities or towns
§ 30 Removal of gravel, sand, stones, etc. from beaches; notice; penalty
§ 30A Removal of natural barriers preventing erosion by sea; jurisdiction of superior court; penalty
§ 31 Surveys and improvements for preservation of harbors
§ 32 Survey of Connecticut river
§ 33 Improvement of topographical survey of commonwealth; sale of maps
§ 34 Establishment of harbor lines
§ 35 Great ponds; definition
§ 36 Applications to congress for appropriations for harbors
§ 37 Enforcement of stipulations in deeds from commonwealth
§ 38 Definitions applicable to Secs. 38 to 48
§ 39 Willful abandonment of vessel on public lands or shores of the commonwealth
§ 40 Application for title to abandoned vessel; priority of claims; prerequisites to filing; notice to owner or lienholder
§ 41 Failure of owner or lienholder to claim vessel; application for title by claimant
§ 42 Granting of title to claimant
§ 43 Removal, destruction or sale of vessel by claimant after receipt of title
§ 43A Removal of obstructing vessel by department; department as claimant
§ 43B Penalty for willful abandonment of vessel; exceptions
§ 43C Fraudulent claim to abandoned vessel; penalty
§ 43D Rules and regulations relating to Secs. 38 to 43C
§ 44 Liability of insurer
§ 45 Application to federal government for reimbursement
§ 46 License for breaking up and disposing of floating structures
§ 46A Violations of Sec. 46; penalty
§ 47 Application for license; issuance; conditions; bond
§ 48 Failure to comply with terms of license; completion of work by department
§ 49A Removal of whales or other mammals from tidewaters
§ 49B Removal of dilapidated or unsafe wharves or piers; notice; revocation of license; liability for cost; lien
§ 50 Foreign corporations engaged in business of wrecking or salvaging; license; bond; penalty
§ 51 Impairment of right or authority derived from federal government
§ 52 Supervision of transportation and dumping of dredged material in tidewaters; payment of cost; burning and towing of rubbish
§ 53 Terms of license
§ 54 Dumping; notice; inspector; cost of supervision
§ 55 Penalty for violating Secs. 52 to 54
§ 56 Application of Secs. 52 to 55 to federal government and its agents
§ 57 Jurisdiction of supreme judicial court
§ 58 Arrest without warrant
§ 59 Discharge of petroleum products, refuse or other matter into or on lakes, rivers or tidal waters; penalty; exception; enforcement
§ 59A Tort liability for discharge or deposit of crude petroleum or products; double damages
§ 59B Marinas; licensing by division of water pollution control; restrictions; term; renewal; fees
§ 63 Salvage, recovery, etc. of underwater archaeological resources; permits; restrictions; disposition of resources; enforcement; violations; penalties; jurisdiction and venue
§ 64 Uniform beach warning and safety flag program
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Terms Used In Massachusetts General Laws > Chapter 91 - Waterways

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: shall mean the department of conservation and recreation. See Massachusetts General Laws ch. 91 sec. 1
  • Dependent: A person dependent for support upon another.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiduciary: A trustee, executor, or administrator.
  • Interests: includes any form of membership in a domestic or foreign nonprofit corporation. See Massachusetts General Laws ch. 156D sec. 11.01
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Probate: Proving a will
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Statute: A law passed by a legislature.
  • structures: shall mean and include their appropriate equivalent as applied to pipe lines, wires and cables. See Massachusetts General Laws ch. 91 sec. 1
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trustee: A person or institution holding and administering property in trust.
  • Venue: The geographical location in which a case is tried.