Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 25-0301
Program and cooperative agreements for the protection of tidal wetlands
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 25, TITLE 3
§ 25-0301. Program and cooperative agreements for the protection of

tidal wetlands.

1. Upon completion of the inventory with respect to tidal wetlands,
the commissioner shall confer with the local government officials
involved to establish a program for the protection of such tidal
wetlands.

2. The commissioner may enter into cooperative agreements with any
village, town, city or county, or with any one or more of them, for the
purpose of preserving, maintaining and enhancing, in accordance with the
policies of this act, those tidal wetlands included within the
boundaries of such villages, towns, cities and counties.

3. A cooperative agreement with any such village, town, city or county
may provide for the development by personnel and facilities of the
department of environmental conservation, or the payment out of funds
appropriated for the purpose, of the cost of preserving, maintaining or
enhancing such tidal wetlands in accordance with the policies of this
act, and for the furnishing of such personnel, facilities or funds as
may be agreed upon within the cooperative agreement.

4. The cooperative agreement shall provide that the tidal wetlands be
preserved and maintained in their natural or enhanced state, provided,
however, that a reservation in any such agreement by a village, town,
city or county of the right to operate or lease for operation shellfish
beds lying within the area, and a reservation of the income from such
operation or lease for the village, town, city or county shall be
allowed and not considered a violation of preservation and maintenance
of a natural state.

5. This section shall not prevent any tidal wetlands from being
designated as portions of the state's natural and historic preserves,
nor shall it prevent the dedication of any such lands as state parks.
The office of parks and recreation shall outline to the commissioner its
plans to preserve tidal wetlands in parklands as soon as practicable.