Laws on freshwater diving in MASS

[MSilvia]

Numbers 2 and 3 kind screw up diving. Again, I'm not sure what the LAWS are but their RULES seem designed to kill our fun.

Well, the LAWS (according to MGL chapter 91 section 10D) say that

No person shall be denied access during daylight hours to commonwealth tidelands across any land available to the public for swimming or recreation which is owned or controlled by the commonwealth or any of its political subdivisions for the purpose of scuba diving or skin diving which activities are hereby declared to be water dependent uses; provided, however, that if such tidelands are at any time closed to access by the general public, such access by such scuba diver or skin diver shall not be permitted.

...and tidelands are defined as follows:

“Tidelands”, present and former submerged lands and tidal flats lying below the mean high water mark.

Since I think Houghton's Pond counts as submerged lands, it doesn't seem legal for the DCR (a political subdivision of the Commonwealth) to deny divers access to the swimming area, although they could make a case for not allowing access to the pond at large. That seems to contradict the Houghton's Pond rules, so I think I'll just make an informed phone call or two before trying it out.

FWIW, since the law does specify "Daylight Hours", I think the OGB sign might have a leg to stand on.

 

[lord1234]

So are you saying that i could use this VERY law to get into walden's pond? I had spoken to the ranger's on the phone in the past, and was told no diving allowed.

 

[ScubaSixString]

I guess the question that begs to be asked is "what can they do to you?"

There are rules about bringing outside food into some theatres. I've never heard of someone being arrested for it.

If someone fines you, do you have a chance to contest it, based on the state laws?

 

[ScubaSixString]

Well, the LAWS (according to MGL chapter 91 section 10D) say that
...and tidelands are defined as follows:


Since I think Houghton's Pond counts as submerged lands, it doesn't seem legal for the DCR (a political subdivision of the Commonwealth) to deny divers access to the swimming area, although they could make a case for not allowing access to the pond at large. That seems to contradict the Houghton's Pond rules, so I think I'll just make an informed phone call or two before trying it out.

FWIW, since the law does specify "Daylight Hours", I think the OGB sign might have a leg to stand on.

Please let us know what you find out. From what little I know, and it is little, this state seems to be rather anti-diver (if not in law then by rule)

Thanks

Scuba Six

 

[MSilvia]

So are you saying that i could use this VERY law to get into walden's pond? I had spoken to the ranger's on the phone in the past, and was told no diving allowed.

I don't know, and I certainly don't want to give you any advice that'll get you in trouble, but I see a contradiction, and plan to call the park supervisor directly to ask if it would be okay to dive there. I figure if I have the chapter and section of the relevant laws at hand when I call, as well as the name and contact information of his superiors in the division of urban parks and recreation, the department of conservation and recreation, and the district attorney's office, I might have a chance... if I'm polite and non-confrontational.

Incidentally, the Blue Hills reservation web site says "all visitors must follow directions of park personnel or police. Any violation of these regulations may result in arrest and/or fine per order of MGL C. 92. S. 37."

According to which:

Chapter 92: Section 37. Rules and regulations for government and use of reservations or boulevards; penalty

Section 37. Except as provided in section 38 (which applies only to the Charles River Basin), the commissioner, in consultation with the director, may make rules and regulations for the government and use of the reservations, roads, driveways, parkways, boulevards or bridges under the division’s care and to govern the public use of the Charles river, the Neponset river and the Mystic river, within the urban park district, and of the ponds and other waters along which it holds abutting lands for reservations in said district; provided, that no rule or regulation shall affect the water rights of any person, whether a mill owner or otherwise. No such rule or regulation shall prohibit the use of passenger or station wagon type motor vehicles whose gross weight is less than 5000 pounds and which are registered for commercial use, on ways, parkways or boulevards where
...yadda yadda yadda...
Whoever violates any rule or regulation made hereunder shall be punished by fine not exceeding $200.

Interesting about the water rights bit, especially since 91:10D delares diving a "water dependant use".

 

[RIOceanographer]

“Tidelands”, present and former submerged lands and tidal flats lying below the mean high water mark.

I think you'd have a really tough time arguing that this law applies to non-tidal water bodies like freshwater ponds and lakes. Without tides "lying below the mean high water mark" is meaningless.

 

[lord1234]

I think you'd have a really tough time arguing that this law applies to non-tidal water bodies like freshwater ponds and lakes. Without tides "lying below the mean high water mark" is meaningless.

that is the problem that I see as well...

on the other hand, Matt, if you could get this place open for our use for practice diving...that would be amazing...Walden is one of the deepest lakes around and great for practice dives...if only we could...

 

[lord1234]

speaking of law...where is classaction to stand up for us and give us great arguing points

 

[jchaplain]

I've often wondered about diving the Upper Mystic Lake in Medford/Arlington.
The lake goes to about 80 feet deep. I don't know what the vis would be like, but I'm guessing better in the winter than in the summer.
I dont' know if it's allowed to dive there though. There is swimming at Sandy and at the Medford yacht club on that lake.

 

[ScubaSarus]

They could have local ordinances like we do in CT and there are probably laws regarding staying clear of boat channels here we cant dive off boat launches anymore.