[MassHistPres] Historic Stone Wall Hearing at State House

[archaeology4kids at yahoo.com]

Hi All,
On July 14 at the Mass. State House, the Senate Judiciary Committee will have a hearing about a proposed bill to protect stone walls throughout the state. The new law will replace the old
 section (written about 90+ years ago, see below) by strengthening enforcement and penalties against those who steal stones from walls on private or public land. I will be there to testify
 in person. Pam Richardson is the sponsor, and she is seeking written testimony in support of the legislation. Letters should be addressed
 to Chairs Cynthia Creem and Eugene O’Flaherty and may be emailed
 to Pam at  Rep.PamRichardson at Hou.State.MA.US or her aide at kurt.stiegel at state.ma.us.Several municipalities and states have either passed or are considering passing laws similar to this. I also think a tax incentive on property value like Smithfield, RI has implemented would be beneficial as well. 
Personally, I believe historic stone walls should be
 classified as above-ground archaeological resources and should be protected in the same way at the Federal, State, and Local levels. Surveys could be done, and records, maps, and data could be collected just as we do with any artifacts and/or historic resources. Does anyone have ideas about feasibility or comments on this idea?
A comprehensive resource on stone walls in New England is http://www.stonewall.uconn.edu/. Doctor Robert Thorson of UConn runs the Stone Wall Initiative and has spent years researching, educating the public, the DCR, students, and writing books on the subject. I highly encourage you to browse the site and explore this fascinating world. 
Feel
 free to email me with any
 questions.
Thank you very much,Jeff KotkinFramingham
Here are the old and new sections for comparison.
Old MGL Chap 266, Sec. 105:Whoever wilfully and without right pulls down or
removes any portion of a stone wall or fence which is erected or maintained for
the purpose of enclosing land shall be punished by a fine of not more than ten
dollars. Natural resource officers and deputy natural resource officers of the
office of the secretary of the executive office of environmental affairs, may
arrest without a warrant any person found violating this section.



Proposed new MGL Chap 266, Sec. 105:

"Whoever
willfully and without the consent of the owner pulls down or removes any
portion of a stone wall or fence of another shall be punished by imprisonment
in a house of correction for not more than 6 months or by a fine of not more
than $500 or not more than 3 times the value of the property so pulled down or
removed, whichever is greater, or both such imprisonment and fine, and shall
also be required to pay for the replacement or reconstruction of such stone
wall or fence: provided, however, that when a fine is levied pursuant to the
value of the property pulled down or removed, the court shall, after
conviction, conduct an evidentiary hearing to ascertain the cost for the
replacement or reconstruction of such stone wall or fence.  

  

A
police officer may arrest any person for commission of the offenses prohibited by this section without a warrant if said police officer has
probable cause to believe that said person has committed the offenses
prohibited by this section. 

  

Upon
conviction for said offense, the individual's driver's license shall be
suspended for 1 year. If the individual convicted of pulling down or removing
such stone wall or fence is under the age of 16, 1 year shall be added to the
minimum age for driving of said individual."





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