MARVIN MANDEL, Governor                                 1049

LOCAL GOVERNMENT HAVING SUCH POWER.

9.06. LAND USE PLANS AND CONTROLS—RIVER ZONE
PROTECTION. —(A) IN EFFECTUATING THE PLAN OR
PORTIONS THEREOF ADOPTED PURSUANT TO SECTION 9.04, THE
COMMISSION SHALL ASSIST LOCAL AGENCIES IN DEVELOPING
COORDINATED COMPREHENSIVE LAND USE PLANS FOR THE
PRESERVATION, RESERVATION, ENHANCEMENT, AND ORDERLY
DEVELOPMENT OF THE SCENIC, HISTORIC, RECREATIONAL,
OPEN SPACE AND NATURAL RESOURCES OF THE RIVER ZONES
AND PROPOSE STATE AND LOCAL LAND USE CONTROLS FOR
THEIR EFFECTUATION. THE COMMISSION MAY ACCEPT STATE
AND LOCAL COMPREHENSIVE LAND USE PLANS, AND STATE AND
LOCAL ZONING AND OTHER LAND USE CONTROLS WHICH
EFFECTUATE SUCH ACCEPTED PLANS.

(E) EXCEPT PURSUANT TO THE PROVISIONS OF STATE
OR LOCAL ZONING OR OTHER LAND USE CONTROLS WHICH HAVE
BEEN ACCEPTED BY THE COMMISSION, LAND WITHIN ANY RIVER
ZONE ESTABLISHED BY THE COMMISSION MAY NOT BE USED FOR
ANY PURPOSE OTHER THAN THAT FOR WHICH IT WAS ACTUALLY
AND LAWFULLY BEING USED WHEN THE RIVER ZONE WAS
ESTABLISHED OR THE AMENITIES PLAN OR PORTION THEREOF
RELATING THERETO WAS ADOPTED BY THE COMMISSION
PURSUANT TO SECTION 9.04, WHICHEVER SHALL BE LATER;
PROVIDED, THAT UNTIL SUCH STATE OR LOCAL ZONING OR
OTHER LAND USE CONTROLS HAVE BEEN ACCEPTED BY THE
COMMISSION, THE COMMISSION MAY AUTHORIZE CHANGES FROM
EXISTING USES OF LAND IF IT FINES THAT SUCH CHANGED
USES WILL BE COMPATIBLE WITH ITS AMENITIES PLAN
ADOPTED PURSUANT TO SECTION 9.04. THE COMMISSION
SHALL NOT ACCEPT ANY ZONING OR OTHER LAND USE CONTROLS
UNLESS THEY PROVIDE THAT, INSOFAR AS THE COMMISSION
MAY PRESCRIBE, ANY CHANGE IN, OR SPECIAL EXCEPTIONS OR
VARIANCES THEREAFTER MADE OR AUTHORIZED RELATING TO
THE USE TO WHICH ANY LAND MAY BE PUT, SHALL NOT BECOME
EFFECTIVE WITH RESPECT TO LAND WITHIN A RIVER ZONE
UNTIL ACCEPTED BY THE COMMISSION AS COMPATIBLE WITH
ITS AMENITIES PLAN. THE COMMISSION SHALL BY
REGULATION PROVIDE FOR THE EFFECTUATION OF THE
PROVISION OF THIS SUBSECTION (B).

(C) WHENEVER ANY JURISDICTION HAS ENACTED AND IS
ENFORCING ZONING OR OTHER LAND USE CONTROL LAWS,
ORDINANCES OR REGULATIONS, SUBSECTIONS (A) AND (B)
HEREOF SHALL NOT APPLY, AND THE POWER OF THE
COMMISSION SHALL BE LIMITED TO THE MAKING OF
RECOMMENDATIONS FOR THE IMPLEMENTATION OF ITS
AMENITIES PLAN.