State Type of statute 
Alabama Coastal area 
California Coastal area 
Delaware Coastal zone 
Florida Comprehensive Critical 
Areas Act 
Hawaii Coastal shoreline 
setbacks 
Statewide zoning 
Maine Shorelands 
Critical areas 
Maryland Areas of critical 
State concern 
Minnesota Shorelands 
IWWew Jersey 
North Carolina 
Comprehensive Criti- 
cal Areas Act 
Coastal areas 
Coastal areas 
Areas of environmental 
concern 
A listing of State laws that include wetland regulatory components follows: 
Citation 
Title 8, sec. 312-320 
Pub. Res. Code 27000-27650 
Title 7 Sec. 7001-7013 
380.05—380.055 
205-31 to 205-37 
205-2 
Title 12, sec. 4811-4814 
Tiule 5, sec. 3310-3314 
Article 88C 
105.485 
116G.0. to 116G.14 
13.19-2 
113A-100 to 113A-129 
113A-114 to 113A—129 
390.605 to 390.990 
215.505 
46—23-1 
(R204, S280 signed 
May 24, 1977) 
5415-1 
10-187 to 10-196 
Oregon Beach area 
Zoning 
Rhode Island Coastal areas 
South Carolina Coastal areas 
Texas Public coastal areas 
Virginia Critical environmental 
areas 
Washington Shorelines 
Wisconsin Areas of critical or 
more than local 
concem 
Local governments are claiming a larger role in 
determining the use and control of land and develop- 
ment within their jurisdictions. The implication of 
this trend for wetland protection under the shifting 
focus of police power within the States is significant. 
According to a recent study of State wetland pro- 
grams undertaken by the Environmental Law Insti- 
tute (ELI), the State-local relationship with respect 
to wetlands is changing in the direction of greater 
local involvement. After examining the State laws 
and discussing program administration with State 
and local officials, the ELI study °° concluded that, 
“Despite some misgivings, state wetlands 
programs have moved toward increased 
local involvement. For example, the Mas- 
sachusetts coastal program which orig- 
inally placed primary permitting respon- 
sibility at the state level has shifted 
primary permit evaluation responsibility to 
98 Environmental Law Institute, op. cit. note 97, p. 59. 
90.58.010 to 90.59.930 
89-849 to 89-862 
local conservation commissions. Similarly, 
a recent task force appointed by the Gov- 
ernor of Rhode Island to review the state 
inland wetland law, strongly urged an 
increased local role. The Maine coastal 
wetland act and the New Hampshire in- 
land wetland acts have also been amended 
to increase local responsibility. Basic 
enabling statutes in Virginia, Connecticut 
(inland wetlands) and New York (inland 
wetlands) place primary responsibility for 
wetland regulation at the local level.” 
Thus, while initial State actions with regard to 
wetlands came both because the wetland resource 
often spans two or more local jurisdictions, and be- 
cause of the concern that local governments lacked 
resources and expertise to deal effectively with wet- 
land problems, there appears to be a shift back 
toward local control. The trend toward a stronger 
local role in land use decisions is also reflected in 
general coastal management. 
Marine Recreation 
The Nationwide Outdoor Recreation Plan pre- 
pared by the Department of the Interior’s Heritage 
Conservation and Recreation Service (formerly 
Bureau of Outdoor Recreation), which was released 
in 1974, concluded that water was the nucleus for 
IV-47 
