DEM Bureau of Forestry Law

Chapter 132: Section 1. Director of the division of forests and parks; duties.

Section 1. The director of the division of forests and parks, in this chapter called the forester, in the department of environmental management, in this chapter called the department, shall promote the perpetuation, extension and proper management of the public and private forest lands of the commonwealth; shall give such a course of instruction to the students of the University of Massachusetts on the art and science of forestry as may be arranged by the trustees of the university and the forester; and shall perform such other duties as may be imposed upon him by the governor.

Chapter 132: Section 6. Demonstrations in proper forestry practices; distribution of trees; co-operation with federal government; federal funds; employment of technical foresters.

Section 6. The forester may demonstrate to owners of woodland, at a fee not to exceed the actual cost of the service, the proper methods of planting, weeding, selective cutting, pruning, thinning and other silvicultural practices for the establishment, improvement or regeneration of the forests. In connection with the distribution of trees under section nine, and in the distribution of trees for reforestation in water supply lands, town forests and other publicly-owned areas, the forester may withhold sale or distribution thereof until the land to be planted has been examined by him or his agent and approved for such planting. He may co-operate with the federal government in carrying out the purposes of this section and may accept on behalf of the commonwealth, and expend for such purposes, such federal funds as may be made available therefor. He may employ temporarily such technical foresters as he deems necessary to discharge his duties under this section and the employment of such persons shall not be subject to chapter thirty-one.

Chapter 132: Section 33. Additional lands for state forests; reclamation; employment of temporary assistants.

Section 33. In addition to lands acquired under section thirty the commissioner may purchase or, with the approval of the governor and council, take by eminent domain under chapter seventy-nine and hold for state forests lands within the commonwealth suitable for the production of timber to the extent of not more than six hundred and fifty thousand acres. The land shall be purchased before August fifth, nineteen hundred and fifty-six, at a rate not exceeding an average cost of five dollars per acre or at such price as the general court may from time to time determine. The forester shall reclaim the said lands by replanting or otherwise in order to produce timber and to protect the water supply of the commonwealth. The forester may employ temporarily such persons as foresters, assistant foresters, engineers, surveyors, forest fire observers and foremen as he deems necessary to assist him in carrying out his duties under this section, and the employment of such persons shall not be subject to chapter thirty-one.

 

DIVISION OF FORESTS AND PARKS.

Chapter 21: Section 4. Division of forests and parks; director; duties of division.

Section 4. The division of forests and parks shall be under the administrative supervision of a director, who shall be called the director of forests and parks.

The division of forests and parks shall administer all general and special laws now administered by the director of the division of forestry and by the director of the division of parks and recreation.

Chapter 21: Section 4A. Rules and regulations; penalties; police powers of officers and employees.

Section 4A. The director of the division of forests and parks, with the approval of the commissioner, may make rules and regulations for the government and use of all property under the control of the division, including all roads and highways wholly or in part within the boundaries of such property, including rules and regulations relative to hunting and fishing within such boundaries, except in great ponds, not inconsistent with the laws protecting fish, birds and mammals. Such rules and regulations may also provide for the payment of fees and other charges for the parking of vehicles and for the enjoyment of other special privileges within the territory under such control. The director shall cause such rules and regulations to be posted in the territory to which they apply. The sworn certificate of the director that the same have been so posted shall be prima facie evidence thereof. Violation of such rule or regulation shall be punished by a fine not exceeding one hundred dollars. The director, subject to the approval of the commissioner, may grant concessions for the sale of refreshments and other articles and the furnishing of services within any such territory.

Forest supervisors, park superintendents and laborers employed by the division, while employed in state forests, forest parks, state parks or reservations, including roads and highways, shall, within the limits of said forests, parks or reservations, except great ponds, have and exercise all the powers and duties of constables, and of police officers, except service of civil process, if so authorized in writing by the director.

The enforcement officers of the division of law enforcement shall, within the limits of such forests, parks or reservations, including roads and highways, except great ponds, have and exercise all the powers and duties of constables and of police officers except service of civil process.

Chapter 21: Section 4B. Bureaus; chiefs.

Section 4B. There shall be in the division of forests and parks a bureau of forest fire control under the direction and control of a chief fire warden, a bureau of forestry under the direction and control of a chief forester and a bureau of recreation under the direction and control of a chief of recreation. The director of the division of forests and parks shall, subject to the approval of the commissioner, appoint for a term of five years, outside the provisions of chapter thirty-one, the chief of recreation, who shall be qualified by training and experience to administer the duties of his office. With like approval he may remove the chiefs of the several bureaus.

Chapter 21: Section 4D. Bureau of fire control.

Section 4D. The bureau of fire control shall perform such duties as the director, with the approval of the commissioner, may require, in addition to such other duties as may be required by any general or special laws.

Chapter 21: Section 4E. Bureau of recreation.

Section 4E. The bureau of recreation shall perform such duties as the director, with the approval of the commissioner, may require, and shall be responsible for such other duties pertaining to administration and management of recreation areas as are now vested in the division of parks and recreation by the general laws or any special laws.

Expenses incurred by the bureau relating to the improvement, development and operation of recreation areas and appurtenant facilities shall be construed as chargeable under the provisions of chapter one hundred and thirty-two A.

Chapter 21: Section 4F. Bureau of forestry.

Section 4F. The bureau of forestry shall, under the supervision of the director, with the approval of the commissioner perform such duties as respects forest management practices, reforestation, development of forest or wooded areas under the control of the department, making them in perpetuity income producing and improving such wooded areas. It shall be responsible for such other duties as are now vested in the division of forestry by the general laws or any special laws and shall be responsible for shade tree management, arboricultural service and insect suppression of public nuisances as defined in section eleven of chapter one hundred and thirty-two, subject to the approval of the director and, notwithstanding the provisions of any general or special law to the contrary, the bureau may require all tree spraying or other treatment performed by other departments, agencies or political subdivisions to be carried out under its direction. The bureau may promulgate rules and regulations to carry out its duties and powers. It shall assume the responsibilities of section one A of chapter one hundred and thirty-two and shall be responsible for such other duties as are not otherwise vested in the division of forestry; provided, however, that all personnel of the forest, fire, shade tree and pest control units in their respective collective bargaining units at the time of this consolidation to the bureau of forestry shall remain in their respective collective bargaining units.