V-170 



the power of eminent domain with just compensation, repurchase 

 and easement rights for public access, and development options to 

 preserve the land. Its leases and permits should be flexible so 

 they can be terminated or revoked should their conditions be 

 violated. Regulations should not rigidly foreclose any further 

 industrial, commercial or residential development. Sufficient 

 safeguards for public representation, such as notices, hearings, 

 and possibly an appeals board are also desirable. To survive 

 legal attack, regulations should be reasonable and should be 

 applied in a nonarbitrary, nondiscriminatory manner; they should 

 not preclude some other public or private economic uses. Ideally 

 these regulations and plans should be viewed as guides and 

 standards, and, while restraining and controlling development, 

 should serve as an inducement for better design and land use. 



Such a multifunctional agency could also deal with hurricane, 

 flood, and erosion control; waterfront access; architectural 

 preservation and beautification; and upstream water projects in- 

 fluencing the estuarine zone. Its regulatory and policy powers 

 could be subjected to the final decision making of a review and 

 appeals board composed of municipal officials and group representa- 

 tives. In its decision on licenses and permits, the board would 

 be empowered to consider such factors as recreational and economic, 

 aesthetic, and environmental effects. It is unlikely that many 

 areas will immediately establish such a regional estuarine 



