Mass. Gen. Laws » Part I Title II Chapter 21
Massachusetts General Laws

Mass. Gen. Laws ch. 21, § 17C (2026)

Public use of land for recreational, conservation, scientific educational and other purposes; landowner's liability limited; exception

✓ current as of July 2026
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Section 17C. (a) Any person having an interest in land including the structures, buildings, and equipment attached to the land, including without limitation, railroad and utility corridors, easements and rights of way, wetlands, rivers, streams, ponds, lakes, and other bodies of water, who lawfully permits the public to use such land for recreational, conservation, scientific, educational, environmental, ecological, research, religious, or charitable purposes without imposing a charge or fee therefor, or who leases such land for said purposes to the commonwealth or any political subdivision thereof or to any nonprofit corporation, trust or association, shall not be liable for personal injuries or property damage sustained by such members of the public, including without limitation a minor, while on said land in the absence of wilful, wanton, or reckless conduct by such person. Such permission shall not confer upon any member of the public using said land, including without limitation a minor, the status of an invitee or licensee to whom any duty would be owed by said person.

(b) The liability of any person who imposes a charge or fee for the use of his land by the public for the purposes described in subsection (a) shall not be limited by any provision of this section. For the purposes of this section, ''person'' shall include the person having any interest in the land, his agent, manager or licensee and shall include, without limitation, any governmental body, agency or instrumentality, a nonprofit corporation, trust, association, corporation, company or other business organization and any director, officer, trustee, member, employee, authorized volunteer or agent thereof. For the purposes of this section, ''structures, buildings and equipment'' shall include any structure, building or equipment used by an electric company, transmission company, distribution company, gas company or railroad in the operation of its business. A contribution or other voluntary payment not required to be made to use such land shall not be considered a charge or fee within the meaning of this section.

Notes of Decisions
Cited in 62 cases (3 in the last 5 years), 1974–2025 · leading case: Marcus v. City of Newton, 967 N.E.2d 140 (Mass. 2012).
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Marcus v. City of Newton, 967 N.E.2d 140 (Mass. 2012). · cites it 11× “We consider the city’s appeal, 1 which we transferred from the Appeals Court on our own motion, from the denial of its motion for summary judgment, based on the ground that it was immune from suit pursuant to the recreational use statute, G. L. c. 21, § 17C. The city argues that…”
Shu-Ra Ali v. City of Boston, 804 N.E.2d 927 (Mass. 2004). · cites it 7× “He argues that, because he was injured while using the park for a nonrecreational purpose (that is, to ride home from the store), he falls outside the purview of the recreational use statute, G. L. c. 21, § 17C, which bars a recreational user’s claim for ordinary negligence…”
Anderson v. City of Springfield, 549 N.E.2d 1127 (Mass. 1990). · cites it 6× “The city relies on the Commonwealth’s recreational use statute, G. L. c. 21, § 17C (1988 ed.), as an affirmative defense.”
Patterson v. Christ Church, 6 N.E.3d 1099 (Mass. App. Ct. 2014). · cites it 8× “On appeal, the Pattersons claim the Superior Court judge erred in determining that the recreational use statute, G. L. c. 21, § 17C, barred liability on Linda’s negligence claims, and that Linda’s claims under the consumer protection act, G.”
Cohen v. Elephant Rock Beach Club, Inc., 63 F. Supp. 3d 130 (D. Mass. 2014). · cites it 6× “The Beach Club contends in its motion for summary judgment that the plaintiff can prove no set of facts supporting either of these claims, and that even if she can, the Massachusetts recreational use statute, G.L. c. 21, § 17C, protects the Beach Club from liability.”
Forbush v. City of Lynn, 625 N.E.2d 1370 (Mass. App. Ct. 1994). · cites it 5× “They alleged that the city’s negligence in various respects relating to the operation of the playground had caused Thomas’s physical injuries and both plaintiffs’ emotional distress.”
Dunn v. City of Boston, 915 N.E.2d 272 (Mass. App. Ct. 2009). · cites it 5× “The city’s subsequent motion for summary judgment was granted, as the Superior Court judge concluded that G. L. c. 21, § 17C, 2 (hereafter referred to as the “recreational use statute” or simply “the statute”), operated to immunize the city from the plaintiff’s negligence claim.”
Seich v. Town of Canton, 426 Mass. 84 (Mass. 1997). · cites it 5× “The town relies on the Commonwealth’s recreational use *85 statute, G. L. c. 21, § 17C, as an affirmative defense.”
Rafferty v. Merck & Co., Inc., 92 N.E.3d 1205 (Mass. 2018). “c. 258, § 9 (public employees may not be indemnified for civil rights violations if employee "acted in a grossly negligent, willful[,] or malicious manner); G.”
Murray v. Town of Hudson, 34 N.E.3d 728 (Mass. 2015). · cites it 5× “The judge allowed the town’s motion for summary judgment, concluding that the evidence did not support a finding of wanton or reckless conduct, and that the plaintiff’s negligence claim was barred by the recreational use statute, G. L. c. 21, § 17C, where the injury occurred on…”
Alter v. City of Newton, 617 N.E.2d 656 (Mass. App. Ct. 1993). · cites it 3× “512, § 15, and, therefore, the city is immune from liability 2 ; (2) the judge also erred in refusing to permit the jury to decide whether the city’s decisions not to erect a fence or place warnings were discretionary functions; and (3) in any event, G. L. c. 21, § 17C, the…”
Sandler v. Commonwealth, 644 N.E.2d 641 (Mass. 1995). · cites it 2× “Northbridge, ante 278 (1995), we reiterated our view that a governmental unit could be liable under G. L. c. 21, § 17C (1992 ed.), for its wanton or reckless conduct that caused harm to a member of the public who used government land that was available for recreational purposes…”
Show all 62 citing cases →
— Mass. Gen. Laws ch. 21, § 17C(a) — 9 cases
Univ. of Texas at Arlington v. Sandra Williams & Steve Williams, 459 S.W.3d 48 (Tex. 2015).
Ouradnik v. Ouradnik, 897 N.W.2d 300 (Minn. Ct. App. 2017).
Moore v. Town of Billerica, 989 N.E.2d 540 (Mass. App. Ct. 2013).
Amaral v. Seekonk Grand Prix Corp., 44 N.E.3d 145 (Mass. App. Ct. 2016).
Howes v. Gallen, 20 Mass. L. Rptr. 240 (Mass. Super. Ct. 2005).
— Mass. Gen. Laws ch. 21, § 17C(b) — 1 case
Cohen v. Elephant Rock Beach Club, Inc., 63 F. Supp. 3d 130 (D. Mass. 2014). “The Beach Club contends in its motion for summary judgment that the plaintiff can prove no set of facts supporting either of these claims, and that even if she can, the Massachusetts recreational use statute, G.L. c. 21, § 17C, protects the Beach Club from liability.”
— Mass. Gen. Laws ch. 21, § 17C(o) — 1 case
Dunn v. City of Boston, 915 N.E.2d 272 (Mass. App. Ct. 2009). “The city’s subsequent motion for summary judgment was granted, as the Superior Court judge concluded that G. L. c. 21, § 17C, 2 (hereafter referred to as the “recreational use statute” or simply “the statute”), operated to immunize the city from the plaintiff’s negligence claim.”
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