Massachusetts General Laws
Chapter 91 - Waterways
Section 49b - Removal of Dilapidated or Unsafe Wharves or Piers; Notice; Revocation of License; Liability for Cost; Lien

Section 49B. The department shall remove or cause to be removed any wharf or pier located in the tide waters or tide lands of the commonwealth, which in the opinion of the department is dilapidated, unsafe, a menace to navigation or is a source of floating debris that is, or is liable to become, a menace to navigation.
If the owner of record of such wharf or pier is known to the department, the department shall give such owner written notice to remove such wharf or pier within a reasonable time therein specified. Such notice shall be deemed sufficient if delivered to the owner in hand, if left at his usual place of business or abode or if sent by certified mail to his last known post office address.
If such wharf or pier is not removed in a manner satisfactory to the department within the time specified in such notice, the department may revoke forthwith any license or authority applicable to such wharf or pier issued or granted under the provisions of sections fourteen through eighteen, inclusive. If such wharf or pier is not removed in a manner satisfactory to the department within the time specified in such notice, or if the department has been unable to make sufficient service of such notice, the department shall remove, complete that removal or cause to be removed such wharf or pier. The owner of such wharf or pier shall be liable to the commonwealth for the costs and expenses for such removals, and the sum so received shall be credited to the Harbors and Inland Waters Maintenance Fund established by section ten B. If the owner fails to reimburse the commonwealth within thirty days of such removal, the department, in the name of the commonwealth, may take a lien on any real property held by the owner of said wharf or pier. The commonwealth shall place on record in the proper registry of deeds or registry district of the land court, as the case may be, an instrument in writing and under seal executed in common form and acknowledged in the same manner as deeds for real property creating a lien upon such real estate for the amount of the costs and expenses of such removal. The instrument shall be recorded or registered without fee. Such lien shall be enforceable by a petition or bill in equity filed by the attorney general in the superior court or in the probate court for the county wherein the real estate is situated. The subpoena shall be returnable not more than thirty days subsequent to the entry of the bill and shall contain a brief description of the property, sufficient to identify it, and a statement of the amount alleged to be due. Upon reimbursement for the amount due under the terms of such lien, the attorney general shall execute and deliver a satisfaction thereof, and, upon its being recorded or registered, the lien shall be dissolved as of the date of such recordation or registration.
The department may make application to the government of the United States for reimbursement of any amounts expended under any provision of this section.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title XIV - Public Ways and Works

Chapter 91 - Waterways

Section 1 - Definitions

Section 2 - Duties of Public Works Department Relative to Commonwealth Lands

Section 2a - Powers as to Property Acquired, Built or Improved in Plymouth by Pilgrim Tercentenary Commission

Section 3 - Powers as to Boston Harbor

Section 4 - Improvement of Boston Harbor; Access to Piers, Railroads, Etc.

Section 5 - Power to Take or Purchase Real Property

Section 6 - Power to Lease Piers, etc.; Port of Boston Fund

Section 7 - Piers, etc.; Freight Loading Equipment; Rules and Regulations

Section 8 - Acquisition of Apple Island and Shore Lands

Section 9 - Utilization Plans for Acquired Property

Section 9a - Construction or Reconstruction of Piers and Waterfront Terminal Facilities; Written Contracts

Section 10 - Powers and Duties Relative to Harbors, Etc.

Section 10a - Temporary Moorings of Floats or Rafts; Permits, Issuance or Refusal; Review; Public Nuisances

Section 10c - Docking of Commercial Vessels; Permits; Applications; Appeal

Section 10d - Scuba Divers and Skin Divers; Access to Commonwealth Tidelands

Section 11 - Improvement and Preservation of Rivers, Streams, Harbors, Etc.

Section 11a - Resource Protection, Navigational Safety and Development Projects; Work Agreements With Local Authorities

Section 12 - License for Structures in Connecticut, Westfield and Merrimack Rivers

Section 12a - License for Structures in Rivers or Streams Where Expenditures for Channel Improvement and Flood Control Already Made

Section 13 - Licenses for Booms in Connecticut River and Structures in Great Ponds

Section 14 - License for Structures in or Over Tide Water; Conduits or Cables Under Tide Water; Private or Commonwealth Tidelands

Section 15 - Revocation and Expiration of Authority or License; Exception; Mortgageable Interest

Section 16 - Cessation, Determination of Authority or License for Non-Use

Section 17 - Construction of Licenses; Approval

Section 18 - Application for License; Notice; Hearings; Records

Section 18a - Public Access to Great Ponds; Petition

Section 18b - Secretary as Administrator of Tidelands; Duties; Public Benefit Review and Public Benefit Determination; Appointment of Public Information Officer

Section 18c - Noncommercial Small-Scale Docks, Piers and Similar Structures Accessory to Residential Use; Issuance of General License; Applicability of Other Laws to Projects Subject to General License

Section 19 - Restriction on Structures in Great Ponds

Section 19a - Lowering Waters of Great Ponds; Penalty

Section 20 - Supervision by Department of Erections Under Legislative Grants

Section 21 - Compensation for Displacement of Tidewater

Section 22 - Compensation When Title to Land Is in Commonwealth

Section 23 - Unauthorized Work in Public Waters; Public Nuisances

Section 24 - Money Paid Into General Fund

Section 25 - Supervision of Province Lands

Section 26 - Exemption of Portion of Province Lands From Certain Provisions of Law

Section 27 - Bounds of Province Lands; Regulations

Section 28 - Unlawful Existing Structures

Section 29 - Improvement of Tidal and Non-Tidal Waters by Counties or Towns; Assumption of Liability for Improvements

Section 29a - Protection of Private Property Along Shores; Construction of Structures by Cities or Towns

Section 30 - Removal of Gravel, Sand, Stones, Etc. From Beaches; Notice; Penalty

Section 30a - Removal of Natural Barriers Preventing Erosion by Sea; Jurisdiction of Superior Court; Penalty

Section 31 - Surveys and Improvements for Preservation of Harbors

Section 32 - Survey of Connecticut River

Section 33 - Improvement of Topographical Survey of Commonwealth; Sale of Maps

Section 34 - Establishment of Harbor Lines

Section 35 - Great Ponds; Definition

Section 36 - Applications to Congress for Appropriations for Harbors

Section 37 - Enforcement of Stipulations in Deeds From Commonwealth

Section 38 - Definitions Applicable to Secs. 38 to 48

Section 39 - Willful Abandonment of Vessel on Public Lands or Shores of the Commonwealth

Section 40 - Application for Title to Abandoned Vessel; Priority of Claims; Prerequisites to Filing; Notice to Owner or Lienholder

Section 41 - Failure of Owner or Lienholder to Claim Vessel; Application for Title by Claimant

Section 42 - Granting of Title to Claimant

Section 43 - Removal, Destruction or Sale of Vessel by Claimant After Receipt of Title

Section 43a - Removal of Obstructing Vessel by Department; Department as Claimant

Section 43b - Penalty for Willful Abandonment of Vessel; Exceptions

Section 43c - Fraudulent Claim to Abandoned Vessel; Penalty

Section 43d - Rules and Regulations Relating to Secs. 38 to 43c

Section 44 - Liability of Insurer

Section 45 - Application to Federal Government for Reimbursement

Section 46 - License for Breaking Up and Disposing of Floating Structures

Section 46a - Violations of Sec. 46; Penalty

Section 47 - Application for License; Issuance; Conditions; Bond

Section 48 - Failure to Comply With Terms of License; Completion of Work by Department

Section 49a - Removal of Whales or Other Mammals From Tidewaters

Section 49b - Removal of Dilapidated or Unsafe Wharves or Piers; Notice; Revocation of License; Liability for Cost; Lien

Section 50 - Foreign Corporations Engaged in Business of Wrecking or Salvaging; License; Bond; Penalty

Section 51 - Impairment of Right or Authority Derived From Federal Government

Section 52 - Supervision of Transportation and Dumping of Dredged Material in Tidewaters; Payment of Cost; Burning and Towing of Rubbish

Section 53 - Terms of License

Section 54 - Dumping; Notice; Inspector; Cost of Supervision

Section 55 - Penalty for Violating Secs. 52 to 54

Section 56 - Application of Secs. 52 to 55 to Federal Government and Its Agents

Section 57 - Jurisdiction of Supreme Judicial Court

Section 58 - Arrest Without Warrant

Section 59 - Discharge of Petroleum Products, Refuse or Other Matter Into or on Lakes, Rivers or Tidal Waters; Penalty; Exception; Enforcement

Section 59a - Tort Liability for Discharge or Deposit of Crude Petroleum or Products; Double Damages

Section 59b - Marinas; Licensing by Division of Water Pollution Control; Restrictions; Term; Renewal; Fees

Section 63 - Salvage, Recovery, Etc. of Underwater Archaeological Resources; Permits; Restrictions; Disposition of Resources; Enforcement; Violations; Penalties; Jurisdiction and Venue

Section 64 - Uniform Beach Warning and Safety Flag Program