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ARTICLE 4 



PROJECT AND FACILITIES 



Part One 



General Powers 



4.101 - Programs ■ 



The Department shall, from time to time, formulate and adopt programs based upon the 

 water plan and the plan for the tidal region, determining the quality and quantity of water needs 

 of the State and the needs for conservation, enhancement and development of the resources of 

 the tidal region, and proposing projects and facilities to be undertaken by persons, other gov- 

 ernmental agencies and the Department in satisfaction of such needs. 



4. 1 02 - Assistance 



The Department shall provide administrative and technical assistance to persons and gov- 

 ernmental agencies in the development of coordinated programs for the implementation of the 

 water plan and the plan for the tidal region and for the planning and design of projects and 

 facilities in conformity with the water plan and the plan for the tidal region. 



4.1 03 - Recommendations 



The Department may recommend to persons or governmental agencies that they acquire, 

 construct, operate or maintain projects and facilities as the Department may deem appropriate 

 for the implementation of the water plan or the plan for the tidal region. 



Part Two 

 Regulation of Projects and Facilities 



4.201 - Regulations 



(a) The Department shall, by regulation, establish standards for the construction, opera- 

 tion and maintenance of projects and facilities which the Department deems necessary to im- 

 plement the water plan and the plan for the tidal region, in or upon non-tidal surface waters, 

 the flood plain of freeflowing waters determined by the Department as being subject to a fifty 

 (50) year flood frequency, tidal waters or submerged tidal lands, or which are used to appropri- 

 ate underground water, to assure the optimum development, conservation and utilization of the 

 waters of the State and the resources of the tidal region and to protect the public health, safety 

 and welfare. 



(b) No person or governmental agency shall construct, operate or maintain any such pro- 

 ject or facility in violation of these standards. 



