Mass. Gen. Laws » Part I Title XIV Chapter 91
Massachusetts General Laws

Mass. Gen. Laws ch. 91, § 2 (2026)

Duties of public works department relative to commonwealth lands

✓ current as of July 2026
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Section 2. The department shall, except as otherwise provided, have charge of the lands, rights in lands, flats, shores and rights in tide waters belonging to the commonwealth, and shall, as far as practicable, ascertain the location, extent and description of such lands; investigate the title of the commonwealth thereto; ascertain what parts thereof have been granted by the commonwealth; the conditions, if any, on which such grants were made, and whether said conditions have been complied with; what portions have been encroached or trespassed on, and the rights and remedies of the commonwealth relative thereto; prevent further encroachments and trespasses; ascertain what portions of such lands may be leased, sold or improved with benefit to the commonwealth and without injury to navigation or to the rights of riparian owners; and may lease the same. It may sell and convey, or lease, any of the islands owned by the commonwealth in the great ponds. It may make contracts for the improvement, filling, sale, use or other disposition of the lands at and near South Boston known as the Commonwealth flats, may lease any portion thereof with or without improvements thereon, may regulate the taking of material from the harbor and fix the lines thereon for filling said lands. All conveyances and contracts, and all leases for more than five years, made under this section shall be subject to the approval of the governor and council.

In carrying out its duties under the provisions of this chapter, the department shall act to preserve and protect the rights in tidelands of the inhabitants of the commonwealth by ensuring that the tidelands are utilized only for water-dependent uses or otherwise serve a proper public purpose.

The department of environmental protection shall protect the interests of the commonwealth in areas described herein in issuing any license or permit authorized pursuant to this chapter. The activities of the department of environmental management pursuant to this chapter shall be subject to the licensing and permitting authority of the department of environmental protection.

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1967–2024 · leading case: Moot v. Dep't of Env't Prot., 448 Mass. 340 (Mass. 2007).
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Moot v. Dep't of Env't Prot., 448 Mass. 340 (Mass. 2007). · cites it 3× “5 The obligation to preserve the public trust and to protect the public’s interest (as mentioned in note 5, supra, the two are not *343 coterminous) has been delegated by the Legislature to the department, which, as charged in G. L. c. 91, § 2, “shall act to preserve and protect…”
All. to Protect Nantucket Sound, Inc. v. Energy Facilities Siting Bd., 457 Mass. 663 (Mass. 2010). · cites it 2× “” G. L. c. 91, § 2. If, as the court would have it, the siting board may act to affect public trust rights because it may stand in DEP’s shoes, then, as the court explicitly acknowledges, see note 5, supra, the siting board has the obligation to act as fiduciary on behalf of the…”
Com. Wharf East Condo. Assoc. v. Boston Boat Basin, LLC, 106 N.E.3d 1114 (Mass. App. Ct. 2018). “" G. L. c. 91, § 2, as amended by St. 1983, c.”
Fafard v. Conservation Comm'n of Barnstable, 432 Mass. 194 (Mass. 2000). · cites it 2× “See G. L. c. 91, §§ 2, 14, 18. General Laws c.”
Boston Edison Co. v. Massachusetts Water Resources Auth., 947 N.E.2d 544 (Mass. 2011). “has been delegated by the Legislature to the department, which, as charged in G. L. c. 91, § 2, ‘shall act to preserve and protect the rights in tidelands of the inhabitants of the commonwealth by ensuring that the tidelands are utilized only for water-dependent uses or…”
Moot v. Dep't of Env't Prot., 456 Mass. 309 (Mass. 2010). “” G. L. c. 91, § 2. The revised statute, taken together with the revisions to MEPA also set forth in the act, requires public benefit review and determination in certain circumstances involving landlocked tidelands.”
Opinions of the Justices to the Senate, 424 N.E.2d 1092 (Mass. 1981). “Under G. L. c. 91, §§ 2 and 3, the Department of Environmental Quality Engineering is charged with broad responsibility for lands, rights in lands, flats, shores and rights in the tidewaters belonging to the Commonwealth, in particular, Boston Harbor.”
Navy Yard Four Assocs., LLC v. Dep't of Env't Prot., 37 N.E.3d 46 (Mass. App. Ct. 2015). · cites it 2× “See G. L. c. 91, § 2. In 1983, the Legislature made numerous material amendments to c.”
Higgins v. Dep't of Env't Prot., 835 N.E.2d 610 (Mass. App. Ct. 2005). “” See G. L. c. 91, § 2; 310 Code Mass. Regs. § 9.”
Sacco v. Dep't of Pub. Works, 227 N.E.2d 478 (Mass. 1967). “” But it seems clear to us that the improvement of public lands contemplated by this section does not include the widening of a State highway. It seems rather that the improvement of public lands which the Legislature provided for in this statute must be consistent with the…”
Moot v. Golledge, 19 Mass. L. Rptr. 332 (Mass. Super. Ct. 2005). · cites it 6× “l2 (2000) (interpreting G.L.c. 91, §2, to refer to DEP despite provision in G.”
Com. Wharf East Condo. Ass'n v. Dep't of Env't Prot. (Mass. App. Ct. 2020). “In addition, "[a]s part of its mandate to 'preserve and protect' the public's rights in tidelands, G. L. c. 91, § 2, the department, under G.”
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