Massachusetts General Laws
Chapter 253 - Mills, Dams and Reservoirs
Section 44 - Definitions Applicable to Secs. 44 to 48b

Section 44. For the purposes of sections 44 to 48B, inclusive, the following words shall have the following meanings:—
''Abandoned dam'', a dam that has no identifiable owner or a dam in which the owner fails to respond to the owner's obligations under sections 44 to 48, inclusive, and as a result of which the commissioner has taken emergency action under section 47 and created a lien upon the lots of land on which the dam is situated and upon the buildings and structures on the lots under section 48.
''Appurtenant works'', structures, either in dams or separate therefrom, including, but not limited to, spillways; reservoirs and their rims; low level outlet works; and water conduits, including tunnels, pipelines or penstocks, either through the dams or their abutments.
''Commissioner'', the commissioner of conservation and recreation or a designee of the commissioner.
''Dam'', any man-made artificial barrier, including appurtenant works, which impounds or diverts water, and which (1) is 25 feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier, if it is not across a stream channel or watercourse, to the maximum water storage elevation or (2) has an impounding capacity at maximum water storage elevation of 50 acre feet or more. Any other artificial barrier, including appurtenant works, the breaching of which could endanger property or safety or which could cause significant harm to the aquatic ecosystem, may be designated by the commissioner as a dam, and shall be subject to sections 44 to 50, inclusive. The word ''dam'' shall not mean any of the following: (1) any appurtenant works which temporarily impounds or diverts water used on land in agricultural use as defined pursuant to section 131 of chapter 40, (2) any barrier or appurtenant works which has a size classification of small or low hazard potential classification that is used on land in agricultural use as defined in said section 131 of said chapter 40, and (3) any barrier which is not in excess of 6 feet in height, regardless of storage capacity, or which has a storage capacity at maximum water storage elevation not in excess of 15 acre feet, regardless of height. The commissioner shall make such determination by taking into consideration factors such as height, type of structure, condition of structure, volume of the impoundment, extent of development downstream, and other factors deemed appropriate by the commissioner.
''Department'', the department of conservation and recreation, as established in section 1 of chapter 21.
''Owner'', the person or persons, including any individual, firm, partnership, association, syndicate, company, trust corporation, municipality, agency, political or administrative subdivision of the commonwealth or any other legal entity of any kind holding legal title to a dam, but excluding the United States, its agencies or any person who operates a dam owned by the United States.
''Remove'' or ''Removal'', the controlled dismantlement or breaching of a dam, in compliance with applicable law, to the extent that water is not impounded or diverted by the dam and fish passage is no longer impeded; provided, however, that, following a controlled dismantlement or breaching of a dam, a minimal degree of impoundment necessary for agricultural uses or wetland retention and open water conditions may be allowed, so long as any impediment to fish passage has been removed and any threats to public safety or property have been alleviated.
''Unsafe dam'', a dam whose condition, as determined by the commissioner, is such that a high risk of failure exists.
''Water storage elevation'', the maximum elevation without encroaching on the approved freeboard at maximum design flood.

Structure Massachusetts General Laws

Massachusetts General Laws

Part III - Courts, Judicial Officers and Proceedings in Civil Cases

Title IV - Certain Writs and Proceedings in Special Cases

Chapter 253 - Mills, Dams and Reservoirs

Section 1 - Erection

Section 2 - Dams; Injury to Existing Mill; Prohibition

Section 3 - Height of Water

Section 4 - Overflow or Injury to Land; Action for Compensation; Limitation; Venue

Section 7 - Jury

Section 8 - Assessment of Damages

Section 9 - Height of Dam; Determination by Jury

Section 10 - Annual and Gross Damages; Assessment by Jury

Section 11 - Plaintiff; Right to Elect Gross Amount

Section 12 - Gross Amount; Time for Payment

Section 13 - Annual Compensation

Section 14 - Damages; Lien on Mill

Section 15 - Recovery of Damages; Enforcement of Lien

Section 16 - Sale on Execution

Section 17 - Redemption

Section 18 - Costs

Section 19 - Remedies

Section 20 - Existing Mills and Dams; Effect of This Chapter

Section 21 - Reassessment; New Action

Section 22 - Reassessment; Parties; Time

Section 23 - Costs; Avoidance by Offer to Pay Increased Compensation

Section 24 - Costs; Avoidance by Offer to Accept Smaller Compensation

Section 25 - Offer to Tenants

Section 26 - Acceptance of Offer; Effect

Section 27 - Verdict; Effect Upon Action for New Damages

Section 28 - Tender; Effect on Costs

Section 29 - Tender; Judgment Upon Acceptance; Costs

Section 30 - Action; Joinder of Parties

Section 32 - Reversal of Judgment for Plaintiff; New Action; Time Limit

Section 33 - Overflowing Public Ways; Petition

Section 34 - Notice

Section 35 - Change of Grade of Ways; Power of Commissioner to Order

Section 36 - Damages; Duty of Commissioner to Assess

Section 37 - Costs

Section 38 - Order of Commissioner; Compliance; Exoneration From Criminal Liability

Section 39 - Dam to Flow Cranberry Land; Erection; License

Section 40 - Expense; Apportionment; Appeal

Section 41 - Ice Ponds; Erection of Dams; Consent of Owners; Damages

Section 42 - Land Flowed; Compensation

Section 43 - Security

Section 44 - Definitions Applicable to Secs. 44 to 48b

Section 45 - Dam Registration Form; Failure to File; Penalties; Notice on Transfer of Legal Title or Change

Section 45a - Construction or Alteration of Dams; Permit Approval

Section 46 - Dam Inspection Form; Evaluation, Examination and Tests; Costs and Penalties

Section 46a - Dam Approval; Certificate of Compliance

Section 47 - Unsafe or Inadequate Dams; Action by Commissioner; Enforcement; Regulations

Section 48 - Costs; Lien; Enforcement

Section 48a - Dam Inspection and Regulation Program; Effectiveness Report

Section 48b - Liability of Owner

Section 49 - Acts of Commissioner; Effect on Liability of Owners

Section 50 - Jurisdiction

Section 50a - Roll Dams; Warning Signs; Failure to Comply

Section 51 - Power of Majority

Section 52 - Meeting of Proprietors

Section 53 - Notice

Section 54 - Repairs and Rebuilding; Mills and Dams

Section 55 - Expense of Work; Apportionment

Section 56 - Lien for Advancements

Section 57 - Guardian; Powers

Section 58 - Tenants and Remainderman; Apportionment of Expenses

Section 59 - Mortgagor and Mortgagee; Apportionment of Expenses

Section 60 - Tenant in Tail

Section 61 - Advancement for Repairs; Recovery

Section 62 - Contracts; Effect of This Chapter