1. Municipal procedure. A lease application written on a form supplied by the commissioner may be approved by the municipal officers if they find that it conforms to the shellfish program, that it will not cause the total area under lease to exceed 1/4 of all the municipal intertidal zone that is open to the taking of shellfish and that granting it is in the best interests of the municipality. On approval, the lease must be forwarded to the commissioner.

1-A.__Application.__The municipality shall review an application for a municipal lease on a form supplied by the municipality.__The__municipality shall publish a summary of the application in a newspaper of general circulation in the area of the proposed lease.__A person may provide comments to the municipality on the proposed municipal lease within 30 days of publication of the lease summary.

2. Department procedure for review and approval. The commissioner shall use the same procedure and the same grounds for approval as required for aquaculture leases under section 6072, except:

A. Preference shall be given to municipal leases;

B. No rent shall be set, but there shall be an annual municipal lease fee of not less than $1 per acre;

C. The municipality may establish the conditions and limits on the lease; and

D. The advice and consent of the advisory council shall not be required.

2-A.__Decision.__A lease may be approved by the municipal officers if:

A.__The lease conforms to the shellfish conservation program;

B.__The lease will not cause the total area under the lease to exceed 1/4 of all the municipal intertidal zone that is open to the taking of shellfish;

C.__Granting the lease is in the best interests of the municipality;