a. Owners of all jurisdictional dams throughout the Commonwealth must comply with 302 CMR 10.05 and ensure the dams they own are registered.
b. 302 CMR 10.05 (1) General.
The purpose of registration is to establish a public record of
c. 302 CMR 10.05 (2) requires
“The owner of any dam subject to 302 CMR 10.00 shall cause
to be filed with the Commissioner, within 30 days following
notice by him, on a form prescribed by him, a Dam
Registration Form containing the name of the owner, the
location and dimensions of such dam and such other information
as the Commissioner may reasonably require.”
d. 302 CMR 10.05 (3) A Dam
Registration Form shall not be deemed received by the
Commissioner until all information required by statute or 302
CMR 10.00 is furnished.
e. 302 CMR 10.05 (4) In the
event that the owner fails to file the Dam Registration
Form in the time prescribed, the Commissioner may notify
the owner of such failure and offer a 30 day grace period after
which a Certificate of Non-compliance will be
issued and recorded at the Registry of Deeds in the county
where the dam lies, with all costs of recording, and
interest thereon, to be assessed against the owner.
f. 302 CMR 10.05 (5) Upon receipt
and approval of the Dam Registration Form, a Certificate of Registration
will be issued to each owner. Within 14 days of receipt
such Certificate of Registration must be recorded by the owner
at the Registry of Deeds in the county where the dam lies, and
a copy of the recorded Certificate filed with the Commissioner
within ten days of recording.
g. 302 CMR 10.00 (6) The
owner shall notify the Commissioner by registered or certified
mail, of the proposed transfer of legal title of such dam 30 days
prior to any such transfer. Upon receipt of such notice, a new
Certificate of Registration will be issued. Such
Certificate shall contain any outstanding obligations of the registered
owner under M.G.L. c. 253, §§ 44 through 50.
h. 302 CMR 10.15: Schedule of Fees
and Fines pertaining to dam registration
(1) Registration Fees.
(a) The fee for registering a dam with the Office of Dam Safety
for the first time is $75.00
(b) The fee for registering with the Office of Dam Safety the
transfer of a dam to a new dam owner after a real estate transaction
(4) Fines for Non-compliance with the
Following Requirements (but not necessarily limited to):
(a) Failure to register a dam with the Office of Dam Safety and
the Registry of Deeds will result in fines up to $500.00.
(b) Failure to notify the Office of Dam Safety of the transfer
of a dam from one owner to another will result in fines up to