Section 25-0302. Land-use regulation of tidal wetlands

1.  Upon  completion  of  the  inventory  the commissioner shall adopt
  land-use regulations governing the uses of  said  inventoried  wetlands.
  In  preparing  such  regulations  the  commissioner  shall  be guided by
  factors including, but not limited to, the public policy  set  forth  in
  this  act  as  well as the present and potential value of the particular
  wetland for marine food production, as a wildlife habitat, as an element
  of flood and storm control, and as a source of recreation, education and
  research.  The commissioner shall determine  what  uses  of  inventoried
  wetlands  may  be  compatible  with  any or all of the foregoing, and he
  shall prepare such appropriate land-use regulations as may  permit  only
  such  compatible  uses.  These  regulations  shall  be  filed  with  the
  secretary of state and shall take effect thirty days after such  filing.
  A  copy  of  such  regulations shall also be simultaneously forwarded by
  certified mail to the chief administrative officer of each  municipality
  within whose boundary any such wetland or portion thereof is located. No
  permits  may be granted by any local body, nor shall any construction or
  activity take place at variance with these regulations.
    2. The placing of any tidal wetlands under a land-use regulation which
  restricts its use shall be deemed  a  limitation  on  the  use  of  such
  wetlands  for the purposes of property tax valuation, in the same manner
  as if an easement or right had been acquired under the general municipal
  law. Assessment shall be based on  present  use  under  the  restricting
  regulation.