Laws relating to forestry and the suppression of the gypsy and brown-tail moths

Introduction

The last general edition of the forest laws of this Commonwealth was issued in 1909. Our supply of the little blue booklet in which these laws were contained has long since been exhausted. Since that time both the fire laws and gj'psy moth laws have been amended, and special editions of these laws have been published, but our supply of these, too, has been used up. We do not include in this booklet the forest taxation law, because this act is bound in a separate pamphlet, and its inclusion in this booklet is unnecessary. This publication does not contain the shade-tree kiws of the Commonwealth, although it might fittingly do so, because the enforcement of these laws does not come within the jurisdiction of the State Forester. . We are always glad, however, to advise with any one in regard to these laws and other shade-tree problems.

The chapter on the work of the Massachusetts forestry department may help to make clear the meaning of the laws on which our work is based.

Contents

PAGE

Introduction ......... 3

Gypsy Moth Suppression ....... 7

Section 1. For the purposes of this act the pupse, nests

egss and caterpillars of the gypsy and brown tail moths and

^, said moths are hereby declared public nuisances, declared and their suppression is authorized and required; but no owner or occupant of an estate infested by such nuisance shall by reason thereof be liable to an action, civil or criminal, except to the extent and in the manner and form herein set forth.

Section 2} The governor, by and with the consent of the council, shall appoint a superintendent for suppressing the Appoint- g>'ppy and brown tail moths and shall determine ^^rhi- ^is salary. The governor may, with the contendent. ^^^^ ^f ^j^g council, remove said superintendent at any time for such cause as he shall deem sufficient. In case of the death, removal or resignation of the superintendent

> The oflSce of superintendent was abolished by chapter 263, Acts of 1909, and the State Forester was placed in charge of the work of suppressing the gypsy and brown tail moths. See chapter 263, Acta of 1909, printed on page 13.

the governor shall forthwith appoint a successor. On or before the third Wednesday in January in each year the superintendent shall make a report of his proceedings to the general court, which shall be a public document and shall be printed. Said report shall separate so far as is practicable the expenditures on work against the gypsy moth from those on work against the brown tail moth in each city and town.

Section 3. [As amended by section 1, chapter 268, Acts of 1906, and by section 1, chapter 591, Acts of 1908.] The said superintendent shall act for the common- po^g^a ^f wealth in suppressing said moths as public nui- superinsances, in accordance with the provisions of this act. For this purpose he shall establish an office and keep a record of his doings and of his receipts and expenditures, and may, subject to the approval of the governor, make rules and regulations governing all operations by cities, towns or individuals under this act. He may employ such clerks, assistants and agents, including expert advisers and inspectors, as he may deem necessary and as shall be approved by the governor. He may make contracts on behalf of the commonwealth; may act in co-operation with any person, persons, corporation or corporations, including other states, the United States or foreign governments; may conduct investigations and accumulate and distribute information concerning said moths; may devise, use and require all other lawful means of suppressing or preventing said moths; may lease real estate when he deems it necessary, and, with the approval of the board in charge, may use any real or personal property of the commonwealth; may at all times enter upon the land of the commonwealth or of a municipality, corporation, or other owner or owners, and may use all reasonable means in carrying out the purposes of this act; and, in the undertakings aforesaid, vcia,y, in accordance with the provisions of this act, expend the funds appropriated or donated therefor; but no expenditure shall be made or liability incurred in excess of such appropriations and donations. The clerks, assistants and agents employed by said superintendent may at all times, in carrying out the purposes of

this act, enter upon the land of the common- Agents may .... enter upon wealth or of a municipality, corporation or land. , ,

other owner or owners.

Section 4. [As amended by section 2, chapter 268, Acts of 1906; by section 1, chapter 521, Acts of 1907; by section 1, Appointment chapter 150, Acts of 1910, and chapter 600, Acts mo«i super- of 1913.] The mayor and aldermen in cities and mtendent. ^^i^ selectmen in towns shall annually in the month of January appoint a local superintendent for the suppression of the gJT^y ^^d brown tail moths. Said superintendent shall under the advice and general direction of the state forester destroy the eggs, caterpillars, pupa; and nests of the gypsy and brown tail moths within their limits, except in parks and other property under the control of the commonwealth, and except in private property, save as otherwise provided herein. The said appointments of local superintendents shall not take effect unless approved by the state forester, and when so approved, notice of the appointment shall be given by the mayor and aldermen or selectmen to the person so appointed. When any city or town shall have expended within its limits city or town funds to an amount in excess of five thousand dollars in any one fiscal year, in suppressing gypsy or brown tail moths, the commonwealth shall reimburse such city or town to the extent of fifty per cent of such excess above said five thousand dollars.

Cities or towns, where one twenty-fifth of one per cent of the assessed vahiation of real and personal property is less than five thousand dollars, and where the as- Reimbursesessed valuation of real and personal property is ^ti^g and greater than six million dollars, shall be reira- ^o^^^^- bursed by the commonwealth to the extent of eighty per cent of the amount expended by such cities or towns of city or town funds in suppressing the gypsy and brown tail moths in any one fiscal year, in excess of said one twenty-fifth of one per cent.

In the case of towns where the assessed valuation of real and personal property is less than six million dollars, after they have expended in any one fiscal year town funds to an amount equal to one twenty-fifth of one per cent of their assessed valuation of real and personal property, the commonwealth shall expend within the limits of such towns, for the purpose of suppressing the gypsy and brown tail moths, such an amount in addition as the superintendent with the advice and consent of the governor shall recommend.

The commonwealth shall reimburse cities and towns every sixty days according to the provisions of this act.

No city or town shall be entitled to any reimbursement from the commonwealth until it has submitted to the auditor of the commonwealth itemized accounts and vouchers showing the definite amount expended by it for the purpose of this act; nor shall any money be paid out of the treasury of the commonwealth to cities or towns, pursuant to the provisions of this act, until said vouchers and accounts have been approved by the superintendent and the auditor of the commonwealth.

For the purposes of this section, the valuation of the previous year shall be taken as a basis. The fiscal j^ear for nineteen hundred and seven and for all succeeding years shall close on the thirtieth day of November.

Section 5. [As amended by section 3, chapter 268, Acts of 1906, by section 2, chapter 521, Acts of 1907, and chapter Cities and '^^'^' ^^^^ °^ 1911.] Wlien, in the opinion of the to^^ns com- superintendent, any city or town is not expendmg a surncient amount for the abatement of said nuisance, or is not conducting the necessary work in a proper manner, then the superintendent shall, with the advice and consent of the governor, order such city or town to expend such an amount as the superintendent shall deem necessary, and in accordance with such methods as the superintendent, with the consent of the governor, shall prescribe: provided, that no city or town where the assessed valuation of real and personal property exceeds six million dollars shall be required to expend, exclusive of any reimbursement received from the commonwealth, during any one full year more than one fifteenth of one per cent of such valuation, and that no town where the assessed valuation of real and personal property is less than six million dollars shall be required to expend, exclusive of any reimbursement received from the commonwealth, during any one full year more than one twenty-fifth of one per cent of such valuation. For the purposes of this section the valuation of each previous j'^ear shall be used.

Any city or town failing to comply with the directions of the said superintendent in the performance of said work within the date specified by him shall pay a fine of one hundred dollars a day for failure so to do; said fine to be collected by information brought by the attorney-general in the supreme judicial court for Suffolk county.

In case of emergency, or where there is great or immediate

danger of the increase or spread of the moths due to the

neglect of any city or town to comply with the guporin-

terms of this act, the superintendent, with the tendent may ' ... take control.

consent of the governor, may mitiate or contmue

the work of suppressing the moths within the limits of such

city or town for such a period as the superintendent may

deem necessar}^ The cost of such work, including that done

on private estates, less any sum due from the state by way of

reimbursements on account of said work, shall be certified

by the superintendent to the treasurer of the commonwealth,

and be collected by him as an additional state tax upon the

city or town so failing to comply with the requirements of the

law. The superintendent may also in case of emergency,

subject to the approval of the governor, carry on wholly

or in part such operations as may be necessary to check the

spreading of the gypsy or brown tail moths in parks not

under the control of the commonwealth, and in cemeteries,

woodlands and other places of public resort. The amount

to be so expended in anj'' one year shall not exceed ten per

cent of the appropriations made for the year by the state for

the purpose of suppressing said moths.

The superintendent may also take complete control of the

work of suppressing the gypsy and brown tail moths in such

cities and towns as may through the proper c * . th

officials request it. The cost of such work shall ^o^^^^o be

certified, be certified by the superintendent to the treasurer of the commonwealth and shall be collected by him as an additional state tax upon the city or town wherein such work is performed; provided, that no city or town shall be required to pay more for such work than would have been its hability, as defimed by section four of this act.

Section 6. [As amended by section 4, chapter 26S, Acts of 1900, by section 2, chapter 591, Acts of 1908, and by Notices to f'bapter 124, Acts of 1915.] The mayor of every property city and the selectmen of every town shall, on

owners.

or before the first day of November in each year, and at such other times as he or they shall see fit, or as the state superintendent may order, cause a notice to be sent to the owner or owners, so far as can be ascertained, of every parcel of land therein which is infested with said moths; or, if such notification appears to be impracticable, then by posting such notice on said parcels of land, requiring that the eggs, caterpillars, pupa? and nests of said moths shall be destroyed ^vithin a time specified in the notice.

The publication of the notice in newspapers published or circulated in the city or town at least three times during Publication the month of October shall be deemed a como notice. pliance with the law, if in the opinion of the mayor or selectmen such publication will be a sufficient notice.

When, in the opinion of the mayor or selectmen, the cost of destroying such eggs, caterpillars, pupae and nests on Cost to lands contiguous and held under one ownership

owner. ^^ ^ ^j^^ ^^ town shall exceed one half of one per

cent of the assessed value of said lands, then a part of said premises on which said eggs, caterpillars, pupa? or nests shall be destro3^ed may be designated in such notice, and such requirement shall not apply to the remainder of said premises. The mayor or selectmen may designate the manner in which such work shall be done, but all work done under this section shall be subject to the approval of the state superintendent.

If the owner or owners shall fail to destroy such eggs, caterpillarfe, pupa^ or nests in accordance with the requirements of the said notice, tlien the city or town, acting by the public officer or board of such city or town designated or appointed as aforesaid, shall, subject to the approval of the said superintendent, destroy the same, and the amount actually expended thereon, not exceeding one half of one per cent of the assessed valuation of said lands, as heretofore specified in this section, shall be assessed upon the said lands; and such an amount in addition as shall be required shall be apportioned between the city or town and the commonwealth in accordance with the provisions of section four of this act. The amounts to be assessed upon private estates as herein provided shall be assessed and collected, and shall be a lien on said estates, in the same manner and with the same effect as is provided in the case of assessments for street watering.

The public officer or board of any city or town designated or appointed as aforesaid, or any agent or employee of such public officer or board, may at any time enter puvi- «

upon any parcel of land within the limits of such ™ay enter

upon land. city or town for the purpose of determmmg

whether or not such parcel of land is infested with said moths, or the extent to which such parcel of land is so infested.

Section 7. [As amended by section 5, chapter 268, Acts of 1906, and by section 3, chapter 521, Acts of 1907.] If, in the opinion of the assessors of a city or town, any land therein has received, by reason of the abatement of said nuisances thereon by said superintendent or by said city or town, a special benefit beyond the general advantage to all land in the city or town, then the said assessors shall determine the value of such special benefit and shall assess the amount thereof upon said land: provided, that no such assessment on lands contiguous and held under one ownership shall exceed one half of one per cent of the assessed valuation of said lands; and provided, that the owner or owners shall have deducted from such assessment the amount paid and expended by them during the twelve months last preceding the date of such assessment toward abating the said nuisances on said lands, if, in the opinion of the assessors, such amount has been expended in good faith. . . Such assessment shall be a lien upon the land for

a lien upon three years from the first day of January next after the assessment has been made, and shall be collected under a warrant of the assessors to the collector of taxes of such city or town, in the manner and upon the terms and conditions and in the exercise of the powers and duties, so far as they may be applicable, prescribed by chapter thirteen of the Ee vised Laws relative to the collection of taxes.

Real estate sold hereunder may be redeemed within the

R ai e tate time, in the manner, and under the provisions

may be of law, SO far as they may be applicable, set

forth in chapter thirteen of the Revised Laws

for the redemption of land sold for taxes.

A person aggrieved by such assessment may appeal to

the superior court for the county in which the land lies, by

Comniaint entering a complaint in said court within thirty

of assess- days after he has had actual notice of the asment. . .

sessment, which complaint shall be determined

as other causes by the court without a jury. The complaint shall be heard at the first sitting of said court for trials without a jury after its entry; but the court may allow further time, or may advance the case for speedy trial, or may appoint an auditor as in other cases. The court may revise the assessment, may allow the recovery back of an amount wrongfully assessed which has been paid, may set aside, in a suit begun within three years from the date thereof, a collector's sale made under an erroneous assessment, may award costs to either part}'' and may render such judgment as justice and equity require.

If, in the opinion of the assessors, the owner of an estate upon which an assessment as aforesaid has been made is, by reason of age, infirmity or poverty unable to pay Abatement the assessment, they may upon application abate ° ^^' the same. Every city or town in rendering an account to the state auditor as provided for in section four of this act shall deduct from such amount as it has expended the total amount it has assessed for work performed under section six of this act during the term covered by the account : provided, such work was performed under such conditions as require reimbursement in whole or in part by the state.

Section 8. To meet the expenses incurred under authority of this act, there shall be allowed and paid out of the treasury of the commonwealth, during the period Appropriaup to and including May first, nineteen hundred ^°^^' and seven, the sum of three hundred thousand dollars. Of this amount seventy-five thousand dollars may be expended during the calendar year nineteen hundred and five; one hundred and fifty thousand dollars, and any unexpended balance of the previous year, may be expended during the calendar year nineteen hundred and six; and seventy-five thousand dollars, and any unexpended balance of the previous years, may be expended during the calendar year nineteen hundred and seven, up to and including May first. Section 9. An additional sum of ten thousand doUtirs in each of the years nineteen hundred and five, nineteen hundred and six and nineteen hundred and seven may, in the discretion of the state superintendent, be expended by him for experuTienting with parasites or natural enemies for destroying said moths, and any unexpended balance of any year may be expended in the subsequent years.

Section 10. Chapter two hundred and ten of the acts of the year eighteen hundred and ninety-one and sections one and two of chapter five hundred and forty-four of the acts of the year eighteen hundred and ninety-eight and section two of chapter fifty-seven of the acts of the year nineteen hundred and two, are hereby repealed.

Section U. [As amended by section 6, chapter 268, Acts of 1906.] A person who wilfully resists or obstructs the Fine for superintendent or an official of a city or town, or

gypsy^moth a servant or agent duly employed by said super- ^°'^^- intendent or by any of said officials, while law-

fully engaged in the execution of the purposes of this act, or who knowingly fails to comply with any of the rules or regulations issued by said superintendent, shall forfeit a sum not exceeding twenty-five dollars for each offence.

Section 12. [As amended by section 4, chapter 521, Valuations ^^^^ ^^ 1907.] Valuations of real and personal of previous property of each previous year shall govern the provisions of this act.

Section 13. This act shall take effect upon its passage.

Chapter 242, Acts of 1911.

An Act relative to Abatement of Taxes for the Suppression of Moths.

Section 1. A person aggrieved by the taxes assessed

upon him for the suppression of gypsy and brown tail moths

pursuant to the provisions of sections six and Application

seven of chapter three hundred and eighty-one 'of abate-

^ , ment of tax.

of the acts of the year nineteen hundred and five,

as amended by chapter two hundred and sixty-eight of the acts of the year nineteen hundred and six, by chapter five hundred and twenty-one of the acts of the year nineteen hundred and seven, and by chapter five hundred and ninety-one of the acts of the year nineteen hundred and eight, may, within six months after the date of the first tax bill issued on account of the taxes complained of, apply to the assessors for the abatement thereof; and if they find that he is taxed for more than his legal proportion, or for an amount in excess of what should have been assessed pursuant to the statute under which the tax was laid, they shall make a reasonable abatement.

Section 2. The assessors shall not abate a tax under the provisions of section one except upon the written recommendation of the board or officer who certified the assessment in question to the assessors or provided them with the information as to the work performed, upon which such tax was assessed, unless the error or excess complained of originated in the worlc of the assessors who laid the tax.

Section 3. The assessors shall keep a record of all tuxes abated under the provisions of this act and shall preserve for three years all written recommendations received pursuant to section two. They shall furnish the collector of taxes with a certificate of each abatement hereunder, which shall relieve him from the collection of the sum abated. Section 4. This act shall take effect upon its passage.

Chapter 605, Acts of 1913.

An Act to authorize Local Moth Superintendents to furnish Arsenate of Lead to Real Estate Owners.

Section 1. For the purpose of assisting in the extermination of gypsy and brown tail moths, the local moth superintendent in any city or town now receiving aid from the commonwealth in suppressing the said insect pests is hereby authorized to furnish, at the cost thereof, arsenate of lead to any owner of real estate situated within the limits of such city or town. Material purchased under the provisions hereof shall be used only for the suppression of gy\)sy and brown tail moths and only upon land of the purchaser.

Section 2. The amounts due for material furnished under the provisions of section one shall be charged by the local moth superintendent to the owners of private estates and shall be collected in the same manner as the amounts assessed for private work, and shall be a lien on said estates in the same manner as the assessments for private work. The amount thus charged shall be deducted from the total amount expended in each city or town in the suppression of gypsy and brown tail moths in the same manner as the amounts charged for private work, as provided for in sections six and seven of chapter three hundred and eighty-one of the acts of the year nineteen hundred and five and its several amendments. [Approt'ed May 7, 1913.

Chapter 404, Acts of 1914.

An Act to authorize Cities and Towns to suppress the Tent Caterpillar, Leopard Moth and Elm Beetle.

Section 1. The city forester, superintendent or other person having charge of the suppression of gypsy and brown tail moths in each city and town in the commonwealth, or, where there is no such person, the tree warden, may destroy wdthin the limits of his city or town the tent caterpillar, leopard moth and elm beetle, if authorized so to do by the mayor and city council or commission in cities, or by the selectmen in towns.

Section 2. For the purposes of this act the city forester or other officer designated in section one of this act may enter upon private land, and the owners of private land may be taxed for work done under the provisions of section one of this act in the manner provided by sections six and seven of chapter three hundred and eighty-one of the acts of the year nineteen hundred and five and acts in amendment thereof and in addition thereto: provided, however, that nothing contained in tliis act shall require the commonwealth to pay any part of any such expense, other than for the suppression of the gypsy and brown tail moths, that no land shall be assessed under the provisions of this act which has been assessed the maximum amount provided by said sections six and seven and amendments thereof for the suppression of the gypsy and brown tail moths, and that the aggregate assessment on any parcel of private land for the suppression of the tent caterpillar, leopard moth, elm beetle and gypsy and brown tail moths shall not exceed the maximum provided by said sections six and seven and the amendments thereof.

Section 3. This act shall take effect upon its passage. [Approved April 23, 1914- Chapter 171, Acts of 1915

An Act to authorize Cities and Towns to purchase Arsenate of Lead for the Purpose of Suppressing Insect Pests.

Section 1. For the purpose of assisting in the extermination of insect pests the city forester, local moth superintendent or tree warden in any city or town may obtain from the state forester at the cost thereof, arsenate of lead. Material purchased under the provisions hereof shall be used only for the suppression of gypsy and brown-tail moths, the tent caterpillar, leopard moth and elm beetle, and only upon lands owned or controlled by the city or town. The cost of said material shall be certified by the state forester to the treasurer of the commonwealth, and shall be collected by him as an additional state tax upon the city or town making such purchase.

Section 2. This act shall take effect upon its passage. [Approved April 16, 1915.

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