321 CMR 11:00 NATURE PRESERVES
Section
11.01 Authority, Purpose, Goals, and Dedication
11.02 Definitions
11.03 Nature Preserve Council
11.04 Nomination Process
11.05 Protection Plan and Dedication
11.06 Management of Nature Preserves.
11.07 Public Activities in Nature Preserves
11.08 Amendments to the Boundaries in the Articles of
Dedication
11.09 Release of Nature Preserve Status
11.10 Alternative Time Schedules
11.11 Enforcement
11.12 List of Dedicated Nature Preserves
11.01 Authority, Purpose, Goals, and Dedication.
(1) Authority. 321 CMR 11.00 is promulgated under the authority
of M.G.L. c. 131, §10 through D.
(2) Purpose and Goals. 321 CMR 11.00 is promulgated for the purposes
of establishing a system of dedicated nature preserves and for guiding
the Division of Fisheries & Wildlife in defining the criteria, scope,
protocol and stewardship for the dedication and management of such preserves.
Nature preserves are areas containing native natural communities which
are as nearly as possible in their natural condition and are representative
of significant habitats and ecosystems of the Commonwealth. Nature preserves
are intended to serve in perpetuity as representatives of the state's
native natural heritage, as habitats for plant and animal species, and
as exemplary representatives of the natural communities and ecosystems
of Massachusetts. Nature preserves are further intended to provide scientific
research and education opportunities for the public to understand, and
appreciate the state's natural heritage.
(3) Dedication. Nature preserves are dedicated to the public benefit
for scientific research, education, and the preservation of plant and
animal species and natural communities of the Commonwealth. Nature preserves
dedicated hereunder shall be recognized by EOEA and its constituent agencies
as areas to be monitored and maintained as nearly as possible in their
natural condition. Nature preserves shall be used and managed in a manner
consistent with the protection and perpetuation of such natural condition
without impairment or development.
(4) Policy. Agencies that choose to dedicate land as a nature
preserve accept 321 CMR 11.00 applying to the Nature Preserve System will
apply to all lands dedicated as nature preserves. Nothing in 321 CMR 11.00
shall be interpreted to require, nor to authorize the Council or the Division
to require, a managing agency to dedicate or have dedicated as a nature
preserve any area under its jurisdiction.
Return
to Top
11.02 Definitions
For the purposes of 321 CMR 11.00 the following words and phrases shall
have the following meanings:
Alcoholic beverage means that definition provided in M.G.L. c.
138.
Articles of Dedication means the documents that create the nature
preserve which are filed with the Secretary of the EOEA, that include
the nomination form with the justification of qualification of the parcel,
attachments to the nomination, and the protection plan for the nature
preserve.
Biodiversity means the full range of variety and variability
within and among living organisms and the ecological complexes in which
they occur, and encompasses ecosystem or community diversity, species
diversity, and genetic diversity.
Camping means the utilization of any piece of equipment for sleeping,
including but not limited to, a sleeping bag, blanket, hammock, tent,
tarp, motor or recreational vehicle, trailer, watercraft, or structure,
for the purpose of occupying a piece of land or water for transient and
temporary outdoor living.
Controlled substance means that definition provided in M.G.L.
c. 94C, §1.
Council means the Nature Preserve Council constituted under M.G.L.
c. 131, § 10B, and including agency Associate Members as provided
for in 321 CMR 11.03.
DEM means the Department of Environmental Management.
DFW or Division means the Division of Fisheries and Wildlife
within the Department of Fisheries, Wildlife, and Environmental Law Enforcement.
Environmental Monitor means the twice monthly publication of
EOEA that provides notice of all submissions received by EOEA under M.G.L.
c. 30, §§ 62 through 62H. It contains descriptions of proposals
and notices of matters before the Secretary.
EOEA means the Executive Office of Environmental Affairs of the
Commonwealth of Massachusetts.
Managing agency means the agency with management responsibility
for the area dedicated or under consideration for dedication as a nature
preserve.
MDC means the Metropolitan District Commission.
Native, in reference to species, means a species which either
occurs, or has occurred, within Massachusetts; provided that the original
occurrence of such species is not the result of a deliberate or accidental
introduction by humans into Massachusetts nor an introduction elsewhere
which spread into Massachusetts.
Natural Heritage and Endangered Species Program means the program
within the Division of Fisheries and Wildlife responsible for the inventory,
research, and protection of rare plant and animal species and natural
communities, and the maintenance of computerized and manual records of
rare species and natural community locality information.
Natural community means a recurrent group of native plants and
animals that share particular environmental requirements and which naturally
occur together and which are recognized as such a community by the Natural
Heritage and Endangered Species Program.
Natural condition of an area means that the vegetation has the
composition and structure similar to that likely to have been found in
the vicinity of the site before European settlement. Successional plant
communities are included if they are biologically appropriate to the site,
even if they must be managed to remain in the preferred successional stage.
Land forms in such areas should be relatively unaltered by impacts of
post European settlement activities.
Nature Preserve means any area dedicated according to the provisions
of M.G.L. c. 131, § 10A, and 321 CMR 11.00.
Nature Preserve System means the collection of lands, waters,
shores, and interests therein dedicated as a nature preserve under M.G.L.
c. 131, § 10A, and 321 CMR 11.00.
Nongame Advisory Committee means the committee established under
M.G.L. c.131, § 5B.
Permit means written permission from the managing agency for
visitor use of a nature preserve in accordance with 321 CMR 11.00, the
articles of dedication of the particular nature preserve, and the provisions
of any applicable general or special law.
Prescribed burning means the open burning of plant life under
controlled conditions which limits the fire to a predetermined area and
which accomplishes environmentally beneficial objectives including, but
not limited to, habitat management and the prevention or control of wildfire.
Protection plan means a plan prepared by the managing agency
and agreed to by the Council to guide management activities on a nature
preserve.
Quality in reference to a natural community means, but is not limited
to, its vegetation structural characteristics, species composition, age,
and degree of disturbance.
Return
to Top
11.03 Nature Preserve Council
(1) Membership. The Council shall consist of seven members who
shall be appointed by the Secretary of EOEA, four of whom shall be members
of the Nongame Advisory Committee, two of whom shall be trained in plant
ecology and shall represent colleges, universities, primary and secondary
schools, outdoor education programs, science museums, and arboreta, and
one of whom shall be knowledgeable in natural history and shall represent
the general public. Each member shall be appointed for a term of three
years, except as otherwise provided in M.G.L. c.131, § 10B. Any person
appointed to fill a vacancy shall serve for remainder of the unexpired
term. Any member shall be eligible for reappointment. The Council shall
annually select from among its members a chairperson.
(2) Associate Members. The Commissioners of MDC and DEM and the
Secretary of EOEA may each appoint up to two associate members to the
Council. Such associate members shall serve in an advisory role only.
(3) Division Personnel. Because the Division is the agency with
direct statutory authority over the Nature Preserve System personnel from
DFW may be present at all meetings of the Nature Preserve Council.
(4) Meetings. The Council shall hold meetings at least once every
three months. Special meetings may be called by the chairperson and shall
be called upon written request of at least two members of the Council.
Each member and associate member shall be notified of the time and place
of each meeting by the Division at the request of the chairperson at least
two days prior to the date scheduled for said meeting. Meetings are governed
by the open meeting law, M.G.L. c. 30A, § 11A½.
(5) Duties. The Council's duties shall include, but not be limited
to:
(a) advising the Division on policies, rules, regulations, and forms
relative to nature preserves;
(b) receiving nominations, providing preliminary evaluations of the
qualifications of nominated areas, and consulting with managing agencies
and the Division about nominated areas;
(c) assisting in the preparation of a protection plan for each nature
preserve;
(d) evaluating research performed on nature preserves;
(e) advising the Division on budgetary matters concerning nature preserves;
(f) recommending changes to 321 CMR 11.00 or to specific articles of
dedication;
(g) implementing a periodic review of the Nature Preserve System and
its components and recommending additional types of natural communities
or natural areas for inclusion; and
(h) submitting a biennial report to the governor on or before May first
of odd numbered years, describing the condition of each nature preserve,
outlining any actions taken by the Council since the last report, and
making any recommendations related to the nature preserve program which
the Council deems appropriate.
Return
to Top
11.04 Nomination Process
(1) Qualifications. Any lands, waters, shores, or interests therein
owned by the Commonwealth and under the control of an agency of EOEA (DFW,
DEM, or MDC), whether or not in a natural condition, which contain rare,
exemplary, or other significant natural or biological communities or which
contain significant features of native biodiversity are eligible for consideration
as a nature preserve.
(2) Nomination. Nominations for potential nature preserves shall
be submitted by a managing agency to the Director of DFW to be forwarded
to the Council.
(3) Citizen Petition. Any ten citizens of Massachusetts may submit
a request to the director of a managing agency that he or she nominate
particular lands under the agency's jurisdiction as a nature preserve.
The group of citizens shall notify the Nature Preserve Council of such
a request in writing. The director of the managing agency may decline
to proceed with a nomination, and should notify the group of citizens
and the Nature Preserve Council of that decision. If the agency decides
to proceed with the nomination, the agency may request that the group
of citizens complete the nomination forms and aid in drafting the protection
plan, with participation of the managing agency and as specified in 321
CMR 11.05.
(4) Considerations in Nomination. An area considered for nomination
should include, but not be limited to, the following features:
(a) the land necessary to encompass viable natural or biological communities
or other features of native biodiversity as defined under 321 CMR 11.04(1);
and
(b) appropriate buffer lands necessary to protect the core area and
allow the preserve to function as a management unit.
(5) Nomination Form and Submittal Requirements. Nominations shall
be submitted on a form to be obtained from the Division and the information
provided shall include, but not be limited to:
(a) identification of the ownership and acreage of the area;
(b) a map of the proposed area, showing proposed boundaries with included
buffer areas delineated, general types of natural or biological communities,
and other areas of natural significance;
(c) a detailed justification of the nomination, describing the need
and purpose for nature preserve dedication;
(d) a descriptive listing of the natural and biological communities
present and their quality;
(e) a discussion of the extent and nature of disturbances to the natural
condition of the proposed area; and
(f) such other information as shall be requested by the Council.
(6) Review of Nominations.
(a) The Council shall on behalf of the Director of DFW acknowledge
receipt of nominations and conduct an initial review thereof at the
next scheduled meeting of the Council after receipt of such nominations,
provided that such nominations have been received at least seven days
prior to the meeting. Nominations received less than seven days before
a meeting shall be considered at the next meeting;
(b) The Council shall request such additional information from the managing
agency as deemed necessary and nominations may receive additional review
at subsequent meetings;
(c) The Council shall make recommendations to the Director of DFW and
the managing agency in writing whether to reject or approve the nomination.
The Council's recommendations about accepting or rejecting nominations
shall be based on whether a site meets the criteria established in M.G.L.
c. 131, § 10A through D and 321 CMR 11.00. The managing agency
shall be sent a copy of the Council's recommendation to the Director
of DFW. Recommendation shall be made within 90 days of the meeting in
which review of full documentation occurred;
(d) The Director of DFW shall decide within 30 days of receiving the
Council's recommendation whether to accept or reject the nomination.
The Council and managing agency shall be notified in writing of the
decision of the Director of DFW;
(e) The Council shall maintain records of all nominations, with dates
of actions and deliberations on them, and their disposition.
Return
to Top
11.05 Protection Plan and Dedication
(1) Preparation of a Protection Plan: Within 180 days of notice
of approval of the nomination by the Director of DFW, the managing agency,
shall , with assistance from the Council and the Division's Natural Heritage
and Endangered Species Program, prepare a draft protection plan for the
nature preserve. In preparing the draft protection plan, the managing
agency may solicit and accept assistance from outside parties, including,
where appropriate, the group of ten citizens who requested the nomination.
A protection plan shall include:
(a) the objectives and reasons for dedication;
(b) management guidelines with specific protection or conservation actions
needed or to be taken by the managing agency, and also any activities
that are exceptions to 321 CMR 11.06 and 11.07;
(c) appropriate significant scientific or educational activities, if
any;
(d) recommendations for special regulations pertaining to the particular
site to be promulgated by the managing agency, if necessary;
(e) a detailed map of the area showing topography and boundaries;
(f) location of existing trails; and
(g) location, means and limitations on use of access.
(2) Review of the Protection Plan.
(a) The managing agency shall submit a copy of the draft protection
plan to the Director of DFW who shall forward it to the Council which
shall review it. The Council shall comment within 90 days of the full
review of the draft protection plan.
(b) The Council shall recommend to the Director of DFW that the draft
protection plan be accepted for proceeding to the public hearing required
in Section 11.05(3) or returned to the managing agency for modification,
with suggestions for improvements or changes.
(3) Public Hearing. Within 60 days of receiving a recommendation
for acceptance of the draft protection plan from the Council and a copy
of the draft protection plan, the Director of DFW shall hold a public
hearing so that the public and other interested parties may comment on
the nomination and draft protection plan.
(a) Not less than 21 days before the public hearing the Director of
DFW shall make available the nomination and draft protection plan. The
Director of DFW shall send notice of the public hearing to the Council,
the managing agency, and an area newspaper at least 21 days before the
hearing and shall submit to the Secretary of EOEA in time for publication
in the Environmental Monitor at least 21 days prior to the public hearing
a notice of such hearing and the availability of the draft protection
plan.
(b) The Director of DFW shall notify the Council and the managing agency
of the results of the public hearing within 30 days and provide copies
of any comments received to the Council and managing agency for consideration
in preparing the final protection plan.
(4) Finalization of the Protection Plan.
(a) The Council and the managing agency shall cooperate to produce
a final protection plan within 90 days of the public hearing.
(b) The managing agency, the Council, and the Division must all approve
the final protection plan and file written acceptance with the Director
of DFW who shall notify the Council of the acceptances. If a final protection
plan is not agreed upon, the site cannot be dedicated as a nature preserve,
and the record for the site should be so annotated.
(c) In the event a final protection plan cannot be agreed upon within
90 days of the public hearing, the nomination shall lapse; provided,
however, that at any time after one year from the nomination's lapse,
the site may be renominated by the managing agency. A renomination shall
be treated as a nomination.
(5) Dedication. The Council shall send the final, accepted protection
plan to the Director of DFW for inclusion in the articles of dedication.
On receipt of the protection plan, the Director of DFW shall file an article
of dedication with the Secretary of EOEA, which shall include, but not
necessarily be limited to:
(a) the name or designation of the area;
(b) the managing agency having jurisdiction over the area;
(c) a summary of the objectives and reasons for dedication of the site;
and
(d) the protection plan as described in 321 CMR 11.05.
(6) Notice. Notice of the filing of articles of dedication of
individual nature preserves shall be published in the Environmental Monitor.
(7) Amendments to the Protection Plan.
(a) Issues, uses, and changes and non emergency management problems
affecting the Nature Preserve that arise after the protection plan is
accepted shall be brought to the Council's attention in writing. The
managing agency may amend the protection plan with the concurrence of
the Director of DFW after she or he consults with the Nature Preserve
Council, except for any changes in boundaries which shall be done in
accordance with 321 CMR 11.08. Any amendment to the protection plan
shall not contradict or be inconsistent with the intent of the protection
of the Nature Preserve System.
(b) Emergency management problems shall be dealt with as described in
321 CMR 11.06(5)(e).
Return
to Top
11.06 Management of Nature Preserves
Nature preserves are established to preserve and protect the natural
communities of an area. A protection plan as provided in 321 CMR 11.05
shall be prepared for each nature preserve. Management activities, except
as otherwise specified in the protection plan for a particular area or
by other provisions of law, shall conform to the following guidelines:
(1) Records. Records shall be kept for each nature preserve by
the managing agency. Records shall include, but not be limited to, the
protection plan and all programs and actions complementing or modifying
said plan including maps, reports, studies, descriptions of pertinent
events, and other documentary material. One copy of the record shall be
kept for the Council by the Natural Heritage and Endangered Species Program.
(2) Research and Education. Nondestructive research is encouraged
in nature preserves. Research or educational programs within nature preserves
may be conducted by individuals, groups, or governmental agencies when
such activities will not have a detrimental effect on the natural features
of the area or its objectives under the protection plan.
(a) A person desiring to conduct research or educational activities
not otherwise permitted in 321 CMR 11.00 or in the protection plan for
a particular nature preserve must secure the permission of the managing
agency for the proposed activities by requesting a permit for such use.
Permission may be extended to a leader authorized to represent group
members or subpermittees.
(b) Permission of the managing agency shall be required for educational
use of or other public access to a nature preserve when the group exceeds
ten persons; or when the activities involve manipulation of the habitat;
or when the area to be visited by the group is otherwise closed to human
visitation.
(c) Application for permission for research or educational activities
which are not exempted under 321 CMR 11.06(2)(b) or 11.06(2)(g) shall
be on a form prescribed by the Council and shall be obtainable from
the Council or the managing agency. Information on such form shall include,
but not be limited to, the name, address, position, and professional
qualifications of the applicant; a description of the proposed activities
including the objectives, methods, and procedures to be followed; duration
of the project; specific sites to be visited or used; frequency and
length of visits; detailed description of disturbances; number and disposition
of specimens; permits or licenses held or required; and records to be
kept or documents to be developed.
(d) The managing agency shall review the application and approve, conditionally
approve, or reject the proposed use. The agency's decision shall be
based on: the relationship of the proposed activity to the dedicated
objective of the nature preserve and the benefits to be derived therefrom;
the ability and competence of the applicant; information contained in
the application; and the impact of the activity on the nature preserve
and the managing agency's ability to manage and control the area while
subject to research or educational use. An application shall be responded
to within 30 days of the receipt thereof. The Council shall be notified
of all applications and the action taken on them.
(e) A permit, when issued, shall contain specific restrictions and conditions
to protect the nature preserve. The permit shall also contain appropriate
requirements for reports by the permittee to the managing agency and
the Council and a form for reporting. Permits may be modified, suspended,
or revoked for violations of the permit conditions or of 321 CMR 11.00.
Permittees shall report to the managing agency and the Council on their
activities as required and at least annually no later than 31 January.
(f) Persons wishing to collect scientific specimens for research or
museum deposit shall obtain any necessary permits from DFW, the U.S.
Fish and Wildlife Service, or other governmental agencies prior to collecting.
Except as provided in the protection plan, applicable permits, or by
the managing agency, collecting of specimens of whatever nature or description,
and for whatever purpose is prohibited.
(g) Nothing in 321 CMR 11.06(2) shall be deemed to prohibit a managing
agency or its contractors from conducting research and education on
a nature preserve under its jurisdiction by its agency staff in accordance
with its legal mandate and statutory responsibilities, and such agency
shall not be required to comply with provisions of 321 CMR 11.06(2)
for such research and education where not contrary to the protection
plan.
(3) Ecological Management Practices.
(a) Fire.
1. Prescribed burning may be undertaken for fire adapted natural
communities as identified in the protection plan and in accordance
with guidance provided by the Council. The managing agency, with advice
from persons with experience in ecological burning, shall prepare
a written plan for each prescribed burn and all necessary permits
shall be obtained. Burning shall not be done under conditions more
hazardous than those specified in the prescribed burn plan. No firefighting
chemicals which are known to cause damage to or alteration of natural
vegetation, fauna or soils may be used. The use of equipment and motorized
vehicles, size and experience of crew, identity and qualifications
of the fire boss, time of year for the burn, frequency of burning,
and amount of area to be burned shall be specified in each prescribed
burn plan. Ecological objectives of prescribed burning shall be stated
in the protection plan, and monitoring of the vegetation should be
undertaken in order to determine the efficacy of the burn program.
Copies of the fire prescriptions and the monitoring reports shall
be supplied to the Council to be kept in the record of the nature
preserve.
2. Fire management plans specifying fire suppression techniques for
wildfire shall be prepared for nature preserves with fire prone vegetation.
Such plans shall be produced by the managing agency in consultation
with persons with experience in fire in natural areas, local fire
departments, and the Bureau of Fire Control of DEM. The plans should
specify firebreaks, equipment, and chemicals to be used on the nature
preserve and note areas of particular sensitivity to be avoided. A
copy of the fire management plan shall be sent to the Council for
the nature preserve record. After a fire within a nature preserve,
there shall be no cleanup, fire hazard reduction, or replanting except
in accordance with the protection plan, guidance provided by the Council,
or as required by law. Council recommendation shall consider health
and safety issues, as well as the need for ecological restoration.
3. When boundary firebreaks are necessary, they shall be constructed
outside the nature preserve, when possible. Firebreaks shall be kept
to a minimum and shall be constructed only in accordance with the
protection plan. Temporary firebreaks made by raking, mowing, or wetting,
may be used in conjunction with a prescribed burn.
(b) Water level control shall not be undertaken which shall alter water
levels. Water levels which have previously been altered by human activity
may be changed when essential for the maintenance and restoration of
conditions for which the nature preserve is established when part of
the protection plan and in accordance with the Wetland Protection Act
M.G.L. c. 131, § 40.
(c) Control of erosion and soil deposition resulting from human disturbance
or natural conditions within or without a nature preserve may be undertaken.
(d) Control of native plants shall not be undertaken except for removal
from lanes, firebreaks, trails, or similar passageways in accordance
with the protection plan. Vegetation may be managed using methods or
procedures stipulated in the protection plan.
(e) Insect or disease control programs shall not be undertaken unless
the infestation or outbreak threatens adjacent natural areas, will drastically
alter natural ecological processes within the nature preserve, or where
a public health emergency is declared under M.G.L. c. 17, provided that
such control programs are approved by the managing agency or are provided
for by law.
(f) Control of exotic plants and animals may be undertaken in a manner
and for a purpose in accordance with the protection plan. Control of
exotic plants may include the control of plant succession.
(g) Any measures for the population control of any plant or animal species,
even if considered noxious, shall be provided for in the protection
plan. Control of populations not covered in the protection plan shall
be limited to those measures in accord with guidance provided by the
Council.
(h) Pesticides including herbicides shall not be used except as provided
for in the protection plan, or in an emergency in accord with guidance
provided by the Council and with the consent of the managing agency.
(i) Management of endangered, threatened, and special concern species
listed under 321 CMR 10.60 and non listed species which may be of management
concern on a particular nature preserve shall receive particular attention.
Habitat manipulations and protective measures favoring a particular
species shall be undertaken only as specified in the protection plan.
(4) Scenic and Landscape Management.
(a) No measures, including grass or brush cutting, thinning of vegetation,
removal of dead wood, or flower or shrub planting, shall be undertaken
which shall alter natural growth or landscape features for the primary
purpose of enhancing the area's beauty or aesthetic qualities.
(b) Except as provided for in the protection plan or in 321 CMR 11.07
there shall be no removal or consumptive use of any product, material,
or object from a nature preserve, including, but not limited to, grazing
of livestock, farming, mining or quarrying. There shall be no disposal
of waste materials.
(c) Guard rails, fences, steps, and other devices or measures necessary
for visitor safety may be installed as stipulated in the protection
plan. Potentially dangerous conditions, such as dead trees, branches,
abandoned wells or pits, and similar hazards on trails or in authorized
public use areas may be removed, cleared, filled in, or otherwise remedied.
(d) When in accordance with the protection plan, materials such as follows
may be removed, altered, or demolished, including: removal of interior
fences when not contrary to law; removal of rubbish, trash, and abandoned
vehicles; and removal of structures having no utilitarian, historic,
scientific, or management value.
(5) Management of Human Use and Access.
(a) Human use of a nature preserve shall conform to the objectives
of the Nature Preserve System and the individual nature preserve as
provided for in the articles of dedication. Scientific and educational
use is encouraged when in conformance with these guidelines. The protection
plan may specify controls and restrictions to be placed on public access
and use which may be further restricted by the managing agency. Any
additional restrictions imposed by the managing agency shall be incorporated
into the protection plan in accordance with 11.05(7) above.
(b) Boundaries of nature preserves shall be marked by posting boundary
markers according to managing agency policy. Boundary fences and barriers
may be installed as stipulated in the protection plan.
(c) Signs, interpretive displays, and structures shall be in accordance
with the protection plan. Informational signs, trash receptacles, and
minor structures required to house research instruments or maintenance
equipment must be approved by the managing agency. All structures and
facilities, except those predating the dedication of the nature preserve,
shall be located in service areas which may be established near or adjacent
to nature preserves to provide access, parking, management or visitor
facilities. Such areas shall be provided for in the protection plan.
(d) There shall be no intrusions, easements, or rights of way granted
or allowed which do not conform to 321 CMR 11.00 and with the purposes
and objectives of the Nature Preserve System, except as specified in
the protection plan or unless such intrusions, easements, or rights
of way are contained in deeded property rights.
(e) Emergency situations requiring immediate action to prevent death
or injury to persons or damage to property shall be handled in such
a manner as to cause minimal damage to natural conditions, consistent
with the nature of the emergency. Emergency situations shall be reported
as soon as possible to the head of the managing agency and to the Council
by the site manager.
(f) Vehicular access ways shall be installed and maintained only where
essential for patrol, fire control, or research and management activities
and shall be in accordance with protection plan. Such ways shall be
closed except to official vehicles and permittees. Ways, except pre
existing ways, shall provide a single lane and shall not be more than
14 feet wide.
(g) No species listed in 321 CMR 10.60 shall be removed, altered, damaged,
or taken in consequence of the construction or maintenance of access
ways except as otherwise provided in the protection plan and permitted
by 321 CMR 10.00.
(h) Trails shall conform to the objectives of the Nature Preserve System
and the protection plan for the individual nature preserve. Trails shall
be designed so as to alter a minimal part of the nature preserve and
to have minimal impact on natural features. Trails shall further be
designed so as to have minimal impact on those species listed under
321 CMR 10.60.
(i) The location of all existing or proposed trails shall be identified
or laid out in the protection plan. Trails shall be adequate to provide
for approved use of the nature preserve and to control erosion, trampling
of vegetation, and other site degradation, but shall otherwise be minimized.
Natural materials, when possible, shall be used for trail construction.
Paving materials, footbridges, and elevated walks may be used when in
accordance with the protection plan.
(j) Access to nature preserves shall be allowed only at such locations
and under such conditions as may be specified in the protection plan.
Return
to Top
11.07 Public Activities in Nature Preserves
Public activities on all nature preserves, except as otherwise provided
by law, 321 CMR 11.06, or the applicable protection plan shall conform
to the following:
(1) hours of visitation are: ½ hour before sunrise to ½
hour after sunset, except by permit;
(2) access by groups of ten or more persons requires a permit from the
managing agency;
(3) scientific research shall be conducted only with written permission
from the managing agency, which permission shall be obtained only subsequent
to a written proposal and consultation by the managing agency with the
Council as described in 11.06(2);
(4) the taking of any plant or animal is prohibited on a nature preserve
without a permit, except for the harvesting of edible nuts, fruits, berries,
or fungi, and trapping, hunting and fishing, which are allowed unless
specifically prohibited in the protection plan or by the managing agency
for the site;
(5) removing, damaging, or disturbing any vegetation, soil, stones, gravel,
or earthen material is prohibited except as provided in 321 CMR 11.06;
(6) introducing any plant or animal is prohibited;
(7) digging, disturbing, or removing any archaeological, paleontological,
or historical artifacts, remains, ruins, or sites or using metal detectors
is prohibited, except under permit from the managing agency;
(8) domestic animals are prohibited except for hunting dogs in accordance
with lawful hunting seasons as provided in M.G.L. c. 131 and 321 CMR 1.00
et seq., when otherwise permitted by the managing agency, and except for
seeing eye and hearing ear dogs;
(9) driving, operating, or possessing any motor vehicle, snow or recreational
vehicle, bicycle or motorized bicycle, except for management purposes
as provided in the protection plan and except on roads or other areas
expressly designated for public vehicular traffic is prohibited;
(10) dumping or discarding any container, papers, garbage, brush, stumps,
leaves, solid or liquid wastes, tires or other materials of whatever nature
or description is prohibited;
(11) damaging, defacing, or removing any sign, fence, gate, building,
monument, or equipment is prohibited;
(12) using, possessing, consuming, or cultivating any alcoholic beverage
or controlled substance is prohibited;
(13) building or maintaining a fire, or causing a fire to be built or
maintained is prohibited, except for management purposes as stated in
the protection plan;
(14) camping, building of structures, or otherwise maintaining occupancy
within any nature preserve is prohibited;
(15) possessing or discharging a firearm, bow and arrow, trap, or explosive
or destructive device is prohibited, except for management purposes as
provided in the protection plan, and except for hunting or trapping in
accordance with M.G.L. c. 131 and 321 CMR 1.00 et seq., when otherwise
permitted by the managing agency;
Return
to Top
11.08 Amendments to the Boundaries in the Articles
of Dedication
(1) Process. Any proposed amendment to the boundaries specified
in the Articles of Dedication must be reviewed by and accepted by the
Division and the managing agency.
(a) Any proposal to change the boundary of a nature preserve shall
be in writing from the managing agency to the Director of DFW and contain
an explanation of the reason for the proposed boundary change, and a
general description of the land and vegetation proposed for exclusion
or inclusion in the nature preserve.
(b) Public notice of the proposal shall be published in the Environmental
Monitor and an area newspaper and written comment accepted on the proposal.
The Council shall review the proposal at the next regularly scheduled
meeting after the close of the public comment period on the proposal.
The Council shall submit its recommendation and a summary of any written
public comment received on the proposal to the Director of DFW for decision.
(2) Review. The Director of DFW shall review the recommendation
of the Council and the request of the managing agency and take one of
the following actions on the proposal:
(a) The Director of DFW may accept the proposed boundary change upon
a finding that the boundary change conforms with the purposes of the
articles of dedication of the nature preserve and M.G.L. c. 131, §
10A through D. When the purposes of M.G.L. c. 131, § 10A through
D or the purposes of the original dedication will be substantially contravened
by a boundary change, the Director of DFW must find in writing that
the change serves a clear and unavoidable necessity and that no prudent
alternative exists.
(b) The Director of DFW may deny the proposed boundary change upon the
finding that it does not serve to protect the nature preserve or further
its dedication objective or prudent alternatives exist.
(3) Result. The Director of DFW shall publish a summary of his
finding to amend boundaries specified in the Articles of Dedication in
the Environmental Monitor and such amendment shall not be final until
30 days following publication in the Environmental Monitor.
Return
to Top
11.09 Release from Nature Preserve Status
(1) Criteria: A nature preserve established under M.G.L. c. 131,
§ 10A shall be considered for release only if the managing agency
determines that the site no longer supports the natural community or species
that the nature preserve was established to protect and is unlikely to
recover and the site no longer represents significant habitats and ecosystems
of the commonwealth;
(2) The managing agency may request, in writing, the release from nature
preserve status of a nature preserve that meets the above criteria. The
Division shall, in consultation with other managing agencies which have
control of said parcels, consider adverse impacts of release on biological
communities and species in the Nature Preserve and recovery potential,
as well as the public interest in the conservation and preservation of
such nature preserve and any federal, state or local program in furtherance
thereof, and state, regional or local comprehensive land use or development
plan affecting said parcel and any proposal by a governmental body for
the use of said parcel.
(a) The Council shall, on behalf of the Director of DFW, acknowledge
receipt of request for release and conduct an initial review thereof
at the next scheduled meeting of the Council after receipt of such request.
(b) The Council shall ask for such additional information from the managing
agency as deemed necessary. Any requests for release for which additional
information has been requested may receive further review at subsequent
meetings.
(c) Within 60 days of receiving a request for release from the managing
agency or of receiving additional information that may have been requested,
the Director of DFW shall hold a public hearing so that the public and
other interested parties may comment on the request for release.
1. The Director of DFW shall send notice of the public hearing to
the Council, the managing agency, and an area newspaper at least three
weeks before the hearing. The Director shall submit a notice of the
hearing to the Secretary of EOEA in time for publication in the Environmental
Monitor at least 21 days before the hearing.
2. The Director of DFW shall notify the Council and the managing agency
of the results of the public hearing within 30 days and provide copies
of any comments received to the Council for consideration in their
recommendation on the request for release.
(d) The Council shall make recommendations to the Director of DFW in
writing whether to reject or approve the request for release no later
than 90 days following the receipt of the results of the public hearing.
The Council's recommendations about accepting or rejecting requests
for release shall be based on whether a site no longer meets the criteria
established in M.G.L. c. 131, § 10A through D and 321 CMR 11.00.
The managing agency shall be sent a copy of the Council's recommendation
to the Director of DFW.
(e) The Director of DFW shall decide within 30 days of receiving the
Council's recommendation whether to accept or reject the request for
release. The Council, managing agency, and Secretary of EOEA shall be
notified in writing of the decision of the Director of DFW.
(f) In the case of DFW lands, the decision of the Director shall be
final. In the case of other lands, an appeal to the Secretary of EOEA,
or his or her designee, can be made if there is disagreement about release.
Upon opinion of the Secretary, the Director of DFW shall implement the
decision.
Return
to Top
11.10 Alternative Time Schedules
Agencies may propose alternative time schedules for writing nominations
and protection plans. The Director of DFW may accept such alternative
time frames not specifically required by law when in the Director's judgment
strict compliance with the time requirements of the regulations would
result in an undue hardship and would not further the intent of M.G.L.
c. 131, § 10 A. through C. The party proposing changes in the schedule
shall notify the Council, any outside nominators, and the DFW of the proposal
and the Director of DFW shall respond in writing, notifying the requestors,
the Council, and any outside nominators of the decision made.
Return
to Top
11.11 Enforcement
(1) Any officer empowered to enforce the provisions of M.G.L. c. 131
may enforce the provisions of 321 CMR 11.00 where not otherwise contrary
to law.
(2) The Attorney General may, on his own initiative or at the request
of a managing agency, initiate actions in equity which may include requests
for punitive damages and for injunctive relief against violators of the
articles of dedication on any land so dedicated. Any ten persons domiciled
within the state may bring an action in equity under M.G.L. c. 214, §
7A, to enjoin damage to the environment caused or about to be caused by
a violation of 321 CMR 11.00.
Return
to Top
11.12 List of Dedicated Nature Preserves
Poutwater Pond Nature Preserve (Holden and Princeton, Worcester County).
DFW, 11 acres; MDC, 203 acres.
Regulatory Authority: M.G.L. c. 131, §§ 10A through D.
Last Revised: 11-4-97.
Link to CMR 321
Table of Contents
Date Last Updated:
January 20, 2004
Questions? Comments? Contact: MassWildlife at Mass.Wildlife@state.ma.us
|
