V-359 



(2) the mooring of floating structures in tidal waters at a stationary location on a 

 semi-permanent or permanent basis; 



(3) the filling of submerged tidal lands or the disposal of dredged materials in tidal 



waters; 



(4) the dredging, taking or extracting of any sand, gravel, earth, clay, shell deposits, 



minerals, ore, metals, oil or gas or other materials from tidal waters or submerged tidal lands, 

 except that it shall not include the taking of aquatic animal life. 



Before issuing a permit the Department shall consider the potential effects of the project on 

 the waters of the State and the resources of the tidal region and, giving due regard to the need 

 for encouraging multiple compatible use of the waters of the State and the resources of the 

 tidal region and for effecting a reconciliation between alternative and conflicting use, shall 

 only issue a permit if it deems the project in the public interest, provided that no permit shall 

 be issued for any project which adversely affects either the water plan or the plan for the tidal 

 region, or such part or parts thereof as have been adopted, and that no permit shall be issued 

 for any project which will derogate the rights of any person under Sections 3.202 or 3.403 of 

 this act or under this Section, unless such persons give their written consent. Any person is- 

 used a permit under this Section which entails the use or taking of tidal waters, submerged 

 lands or other resources owned by the State shall comply with the procedure in Section 3.203 

 of this act before starting such project. 



(b) Permits issued under this Section shall specify the character, location and duration 

 of the project, the method to be employed in its execution and such other conditions, restric- 

 tions or qualifications as the Department deems in the best interest of the State. 



(c) Any person having a vested right in tidal waters or submerged tidal land by virtue of 

 a valid and extant grant, lease or patent or by prior statute or common law, who is refused a 

 permit to exercise such rights, or is granted a permit with conditions, restrictions or qualifi- 

 cations which derogate such right, may petition a court as provided in Section 5.201 of this 



act to determine whether the action of the Department is an unreasonable exercise of the police 

 power and therefore constitutes a taking of property without compensation. If the court finds 

 the action of the Department to be a taking of property without compensation the court shall 

 order the Department to issue an appropriate permit but the order shall not affect the right of 

 any other person or governmental agency. 



4.303 - Projects by Governmental Agencies 



No governmental agency shall engage in any projects which affect the waters of the State 

 or the resources of the tidal region without first securing the approval of the Department. The 

 Department shall, by regulation, prescribe the procedure to be followed in securing such ap- 

 proval. 



Part Four 



Acquisition, Operation, Management and Financing of Projects 



and Facilities by the Department 



4.401 - General Powers 



(a) The Department, alone or in cooperation with one or more persons or governmental 

 agencies, may acquire, construct, operate, maintain and administer such projects and facilities 



