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Session Laws, 1971
Volume 707, Page 63   View pdf image
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Marvin Mandel, Governor                             63

The Commission may, from time to time after public hearing which
whenever practicable shall be in the general vicinity of the river zone
involved, establish, modify or abolish so many river zones of such
sizes as it may determine to be necessary for the protection of fish
and wildlife habitat, and aesthetic, scenic and historic values; pro-
vided, that no river zone or portion thereof may be established within
any signatory state without prior consultation with county and other
concerned local public bodies and the affirmative vote of the com-
missioner from such signatory.

The Commission may establish river zones on the Potomac River
including its North Branch, but may not establish river zones on any
tributary or portion thereof unless the same has been designated for
the establishment of river zones pursuant to the laws of the signatory
state within which such tributary or portion thereof is situate.

9.05.    Amenities Plan EffectuationAcquisition and Administra-
tion.
(a) In effectuating the amenities plan or portions thereof
adopted pursuant to Section 9.04, the Commission may acquire the
fee or any lesser interest, development right, easement, covenant, con-
tractual or other right in real or personal property, through pur-
chase, gift, grant, bequest, devise, lease, condemnation, transfer
from any governmental agency, exchange or otherwise; provided,
however, that the Commission's power to acquire such fees or lesser
interests in such lands or other property by condemnation for scenic,
open space or historic purposes may not be exercised when and so
long as the signatory or signatories or political subdivisions wherein
such lands or other property are situate shall have in force, applica-
ble to such lands or other property, laws or regulations which the
Commission deems adequate protection for preserving such lands or
other property, or such protection is provided by other means deemed
adequate by the Commission. The Commission may administer or
provide for administration by an appropriate person or governmental
agency of any land or other property acquired pursuant to this
section.

(b) If acquisition of property or a right or interest therein pur-
suant to subsection (a) hereof is by any means, the acquisition shall
be only with the concurrence of the Commission member from the
state in which the property is situated and with the consent of the
local government within whose territory the property is situated.
For the purposes of this subsection, "local government" means the
county or the District of Columbia, except that if the county does
not have jurisdiction to condemn land or regulate land use in the
area where the property is situated, it means a city, town, village
or other unit of general local government having such power.

9.06.    Land Use Plans and ControlsRiver 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, reser-
vation, 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.

(b) Except pursuant to the provisions of state or local zoning or
other land use controls which have been accepted by the Commis-


 

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Session Laws, 1971
Volume 707, Page 63   View pdf image
 Jump to  
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