Section 25-0301. Program and cooperative agreements for the protection of tidal wetlands

1. Upon completion of the inventory with respect  to  tidal  wetlands,
  the  commissioner  shall  confer  with  the  local  government officials
  involved to establish  a  program  for  the  protection  of  such  tidal
  wetlands.
    2.  The  commissioner  may  enter into cooperative agreements with any
  village, town, city or county, or with any one or more of them, for  the
  purpose of preserving, maintaining and enhancing, in accordance with the
  policies   of  this  act,  those  tidal  wetlands  included  within  the
  boundaries of such villages, towns, cities and counties.
    3. A cooperative agreement with any such village, town, city or county
  may provide for the development  by  personnel  and  facilities  of  the
  department  of  environmental  conservation, or the payment out of funds
  appropriated for the purpose, of the cost of preserving, maintaining  or
  enhancing  such  tidal  wetlands in accordance with the policies of this
  act, and for the furnishing of such personnel, facilities  or  funds  as
  may be agreed upon within the cooperative agreement.
    4.  The cooperative agreement shall provide that the tidal wetlands be
  preserved and maintained in their natural or enhanced  state,  provided,
  however,  that  a  reservation in any such agreement by a village, town,
  city or county of the right to operate or lease for operation  shellfish
  beds  lying  within  the area, and a reservation of the income from such
  operation or lease for the  village,  town,  city  or  county  shall  be
  allowed  and  not considered a violation of preservation and maintenance
  of a natural state.
    5. This section shall  not  prevent  any  tidal  wetlands  from  being
  designated  as  portions  of the state's natural and historic preserves,
  nor shall it prevent the dedication of any such lands  as  state  parks.
  The office of parks and recreation shall outline to the commissioner its
  plans to preserve tidal wetlands in parklands as soon as practicable.