Section 64. (a) The department of conservation and recreation shall create a state uniform beach warning and safety flag program to be used at all public coastal beaches maintained and guarded by the department. The program shall provide for a uniform size, shape, color and definition for each warning and safety flag deemed necessary by the department. The program shall warn the public of drowning and injury hazards presented by changes in tide and surf conditions.
(b) If the department defines any safety flags as warnings of health hazards presented by the quality of the beach water, such definitions shall be based on water quality testing procedures that ensure the warnings are timely, frequently updated and reflect, to the maximum extent feasible, the actual water conditions at the time the flags are posted and for the duration of their posting.
(c) A city or town having jurisdiction over a public beach along the coast may utilize at such beach the state uniform beach warning and safety flag program created by the department of conservation and recreation. Subsection (a) shall take effect in a city with a Plan D or Plan E charter by a vote of the city council upon submission by the city manager and in all other cities by a vote of the city council with the approval of the mayor and in a town with a town council, by vote of the town council and in all other towns, by a vote of the town meeting.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XIV - Public Ways and Works
Section 2 - Duties of Public Works Department Relative to Commonwealth Lands
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 10 - Powers and Duties Relative to Harbors, Etc.
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 12 - License for Structures in Connecticut, Westfield and Merrimack Rivers
Section 13 - Licenses for Booms in Connecticut River and Structures in Great Ponds
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 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 30 - Removal of Gravel, Sand, Stones, Etc. From Beaches; Notice; 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 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 51 - Impairment of Right or Authority Derived From Federal Government
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 59a - Tort Liability for Discharge or Deposit of Crude Petroleum or Products; Double Damages