V-338 



ARTICLE 4 



PROJECTS AND FACILITIES 



This Article provides for the regulation, management and operation of projects and facilities 

 affecting the waters of the State and the resources of the tidal region. 



Section 4.201 delegates to the Department police power authority to regulate existing projects 

 and facilities and Section 4.202 adds special enforcement powers. 



Sections4.301 through4.303 establish prior approval procedures for all projects affecting State 

 waters and the tidal region. Section 4.301 regulates private projects on privately owned land. 

 Accordingly the Department's approval authority is limited to its police powers. Section 4.302 

 regulates private projects on what is presumptively publicly owned land or water. Accord- 

 ingly the Department is given greater discretion in the determination of whether to approve 

 such projects. Persons receiving a permit are required to comply with the procedure outlined 

 in Section 3,203. This provides a mechanism for assuring that the State will receive a fair 

 return for property rights it relinquishes. Section 4.302(c) provides a procedure whereby a 

 person who can rebut the presumption of State ownership (e.g., the owner of a valid and ex- 

 tant patent to submerged tidal land) can vindicate his rights if the Department refuses to rec- 

 ognize them. 



Section 4.303 authorizes the Department to regulate projects of other governmental agencies. 

 When dealing with other State or local agencies the powers ore plenary-the Department is the 

 supervisor of State waters and the tidal region. When dealing with the U.S. Government or 

 compact commissions, in the exercise of their valid powers, the Department has only the 

 power of persuasion. 



Sections 4.401 through 4 403 define the Department's role as an operative and financier. It 

 is empowered to buy, build, manage and operate necessary projects and facilities (e.g., waste 

 collection systems, waterways improvements, shore erosion control structures, recreation 

 areas, etc.). It may also contribute towards the financing of such projects and facilities by 

 other governmental agencies or persons but may only contribute amounts to persons that it 

 can justify on a cost-benefit basis. 



ARTICLE 5 



GENERAL PROVISIONS 



Sections 5 101 through 5 106 outline the internal working procedures of the Department. Sec- 

 tions 5.102 through 5 104 mandate that notice be given and a public hearing be held before 

 important Department decisions are made. Interested persons and governmental agencies are 

 guaranteed an opportunity to present their views. 



Sections 5.201 and 5.202 provide for judicial review of Department decisions. The procedures 

 outlined therein ore supplemented by various other possibilities of review available at com- 

 mon law. 



Sections 5.301 and 5.302 give to the Department civil and criminal sanction which they moy 

 use in the enforcement of the statute and the regulations promulgated thereunder. 



