V-354 



Part Three 

 Tidal Shore Lands Controls 



3.301 - Designation of Areas of Restricted Development 



The Department may, pursuant to such procedures as it shall prescribe, by regulation, de- 

 s ignote all or any portion of the shore lands of the tidal region as areas of restricted develop- 

 ment upon a finding that additional controls on land development are necessary within such 

 area or areas to implement the plan for the tidal region. The Department may, from time to 

 time, revise or abolish such designations. Any shore lands designated as an area of re- 

 stricted development may not be used for any purpose other than that for which they were actu- 

 ally and lawfully being used when they were so designated, except as authorized by the pro- 

 vision of Section 3.302 or Section 3.303. 



3.302 - Jurisdiction of Other Governmental Agencies 



Any other governmental agency having land use control jurisdiction over a portion of shore 

 lands designated as an area of restricted development may submit to the Department develop- 

 ment regulations governing such portion of shore lands. If the Department finds that such de- 

 velopment regulations meet or exceed the minimum requirements of the plan for the tidal region 

 it shall approve them, but the Department shall not approve any such development regulations 

 unless they provide that, insofar as the Department may prescribe, any changes in, or special 

 exceptions or variances thereafter made or authorized relating to the use to which any land may 

 be put, shall not become effective until accepted by the Department. If the Department has ap- 

 proved the development regulations of another governmental agency, such governmental agency 

 shall enforce them and the development of land in such area of restricted development may be 

 authorized as provided therein. Approval may be revoked if the Department finds that develop- 

 ment regulations are not being adequately enforced or no longer meet the minimum requirements 

 of the plan for the tidal region due to a revision of such plan. 



3.303 - Jurisdiction of the Department 



The Department shall, by regulation, prescribe development regulations for any area de- 

 signated as an area of limited development if the Department has not approved the develop- 

 ment regulations of any other governmental agency or if such approval has been revoked. Such 

 development regulations shall implement the plan for the tidal region, and the development of 

 land in such areas of restricted development may be authorized as provided therein. The De- 

 partment shall have discretion, by regulation, to, from time to time, revise or abolish such 

 development restriction in whole or part. 



