§ 25-0302. Land-use regulation of tidal wetlands.

1. Upon completion of the inventory the commissioner shall adopt
land-use regulations governing the uses of said inventoried wetlands.
In preparing such regulations the commissioner shall be guided by
factors including, but not limited to, the public policy set forth in
this act as well as the present and potential value of the particular
wetland for marine food production, as a wildlife habitat, as an element
of flood and storm control, and as a source of recreation, education and
research. The commissioner shall determine what uses of inventoried
wetlands may be compatible with any or all of the foregoing, and he
shall prepare such appropriate land-use regulations as may permit only
such compatible uses. These regulations shall be filed with the
secretary of state and shall take effect thirty days after such filing.
A copy of such regulations shall also be simultaneously forwarded by
certified mail to the chief administrative officer of each municipality
within whose boundary any such wetland or portion thereof is located. No
permits may be granted by any local body, nor shall any construction or
activity take place at variance with these regulations.

2. The placing of any tidal wetlands under a land-use regulation which
restricts its use shall be deemed a limitation on the use of such
wetlands for the purposes of property tax valuation, in the same manner
as if an easement or right had been acquired under the general municipal
law. Assessment shall be based on present use under the restricting
regulation.