10/04/2005 WATERWAYS COMMISSION Minutes

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r s Who "P has what , ur'isdnictmion over w By Robert Ritchie Section 1 defines "inland engine horsepower limits, bylaw under state lair is waters" a "all waters prohibition of internal limited to an assessment 4 he attorney general's within the jurisdiction of combustion engines, ban- of its consistency with the office-receives a fair the commonwealth other - ning of water skiing and state constitution and the number of bylaws for ap- than coastal waters." other high-speed uses, and procedural and substantive proval that purport to reg- With the exception of limitations as to areas and laves of the commonwealth, ulate boating and other a { regulations relating to the times, all of which require the other approvals r-e- tivities on bodies of water "numbering" of vessels, the approval of the Divi- quired in chapters 90B subject to the concurrent and only to the extent not sion of Law Enforcement. and 131 undergo a much ,jurisdiction of the state. substantively inconsistent Division of Fisheries and broader review. While most of these ley- with state law, the statute Wildlife approval is re- The Division of Law laws relate to speed limits expressly acknowledges the guired for any ordinance Enforcement bases its or prohibitions or restri - right of cities I and tovms to or bylaw "authorizing action on the following tions on the operation of adopt ordinances and b - hunting or fishing or both" five factors: water craft, or other laws regulating motorboats and approval by the coxes- • Whether the proposal safety-related matters, and vessels on coastal or mission r of Environmental conforms to the butting some deal with prohibi- inland waters thus defined. Protection is required for laws and regulations of tions or.restrictions on Any such ordinance or any other use. the commonwealth as mooring, anchoring, use of bylaw is valid, hover, Cities and towns may set forth in Chapter vessels for overnight sleep- only if approved by the Di- also "make'and enforce ; ing accommodations, docks vision of Lave Enforcement, rules and regulations rela- Whether the proposal and marinas, and more. and only if it is published tive to the use and operas- conforms to gelated fed- To some extent, state in a newspaper of general tion of aircraft equipped eral laws and r gula- law preempts local govern- circulation in the city or with floats or other means tions; rnent in this area, but to town not less than five of transportation on • The interest of boating a considerable extent days before its effective water," but any such rule safety; cities and towns are condi- date. Towns must also or regulation must first be + The public health, w l- tionally free to impose reg- submit the bylaw to the submitted for approval to fare and safety; and ulations on certain actin- attorney general for ap- the Massachusetts Aero-. The best interests of ties on coastal and inland pro al (pursuant to M.G.L. nauti s Commission. overall public use and waters. Ch. 40, Sec. ). While the attorney gen- enjoyment. Chapter 90B, Section Chapter 131, Section 45, eral's scope of review of a WATMWAYS, aont#rrmed on 1 15(b), deals generally with deals generally with "great motorboats and other es- ponds," defined as any sels on the coastal and in- "natural pond the area of land waters of ah - which is 20 acres or f" setts, defined in Scetion 1 more," but excepts any of that chapter as except- great pond that is actively :1 ing ponds less than 10 used as a water supply. acres in area that are This section provides that owned by one person and any such great pond "shall .,} f•F'f not open to the public. be public for the purpose Section 1 defines of hunting or boating "coastal waters" a "all vera- thereon" and "shall be tT tern of the commonwealth open to all inhabitants of a. within the rise and fall of the commonwealth for the tide and the marine fishing purposes." limits of the jurisdiction of Where the gnat pond is the commonwealth,ealth, but 500 acres or less, cities ��nit waters within or above and towns expressly, but �wif discusses SBA, g any fish ay or darn nor conditionally, retain the Lt. Gori, Jane tin t discusses Local issues with Fall River water above any jurisdic- power to "male and err- Mayor LEdu)ard Lambert Jr. (left) and Chicopee Mayor Richard tiona►l boundary legally es- force rules ,and regulations Kos at the April meettag of the Massachusetts Ma ors`As- tablished pursuant to G.L. relative.t hunting, fishing sodation to himpee. w!t presented ars update on the Schaal Ch. 1.30, See. 5, in rivers and boating thereon." This BuUdtng-Assistance program and recent housing ftWatives PrO- and streams flowing into power expressly includes posed by the admintstratton. the sea." regulation of speed limits, TheBeacon June 2000 Page