7 Del. C. § 7915 — Delaware Code / Title 7 / Chapter 79 / Subchapter II / Section 7915
§ Â
        7915. Amendment or termination by consent.
Status: in_force

(a) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:

(1) The Department Secretary;

(2) The current owner;

(3) Each person that originally signed the covenant unless:

a. The person waived the right to consent in a signed record;

b. The person fails to respond to a notice, requesting their consent to amendment or termination, delivered by certified mail to their last known address, as obtained from the U.S. Postal Service, within 45 days after delivery of such notice; or

c. Unless a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and

(4) Except as otherwise provided in subsection (d) of this section, the holder.

(b) A person that subordinates its interest to an environmental covenant is not affected by an amendment of the covenant unless the person consents to the amendment or waives the right to consent to future amendments in a signed record.

(c) Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment.

(d) Except as otherwise provided in the covenant:

(1) A holder may not assign its interest without consent of the other parties;

(2) A holder may be removed and replaced by agreement of the other parties specified in subsection (a) of this section; and

(3) A court of competent jurisdiction may fill a vacancy in the position of holder.
7 Del. C. § 4103 — Delaware Code / Title 7 / Chapter 41 / Subchapter I / Section 4103
§ Â
        4103. Definitions.
Status: in_force

For the purposes of this chapter, unless otherwise specifically defined, or another intention clearly appears, or the context requires a different meaning:

(1) “Benefits” include, but shall not be limited to, the privilege of participating in a cooperative system for the management of water from one’s lands by a tax ditch formed under this chapter.

(2) “Drainage” means water management, by drainage areas or watersheds, to safely remove or control both excess, surface flood waters and damaging, excess subsurface waters.

(3) “Landowner” or “owner” means that person or group of persons in whom the entire title to a certain tract of land is vested.

(4) “Taxable” means any person entitled to vote under this chapter.

(5) “Flooding” means the occurrence of damaging, excess surface water. The occurrence of surface water for beneficial uses is a component of water management, not flooding.

(6) “Water management” means the removal, storage, or application of water by intentional means, including but not limited to management methods using drains, channels, culverts, structures for water level control and dams.
7 Del. C. § 6104 — Delaware Code / Title 7 / Chapter 61 / Section 6104
§ Â
        6104. Permits for surveys.
Status: in_force

(a) Upon compliance of an applicant with § 6103 of this title, the Secretary may issue to the applicant a permit to conduct a geological, geophysical and seismic survey, including the taking of cores and other samples, in areas of the tide and submerged lands of this State described on the permit. The Secretary may prohibit such surveys on any area if it determines that a lease, if applied for, should not be granted as to such areas. The Secretary shall include in a permit conditions and payment proper to safeguard the interests of the State.

(b) Permits issued under this section shall be valid for not more than 2 years, but may be renewed for like periods upon application to the Secretary and upon showing due compliance with applicable laws and regulations.

(c) The Secretary shall require the permittee to provide the Department of Natural Resources and Environmental Control with complete information with respect to the area or areas of proposed operations, type of exploration and a schedule showing the period or periods during which such explorations will be conducted. Such information shall be treated as confidential unless released by the permittee.
7 Del. C. § 4005 — Delaware Code / Title 7 / Chapter 40 / Section 4005
§ Â
        4005. Program funding and financial assistance [For application of this section, see 85 Del. Laws, c. 42, Â 10].
Status: in_force

(a) The Department, conservation districts, counties or municipalities are authorized to receive from federal, state, or other public or private sources financial, technical or other assistance for use in accomplishing the purposes of this chapter. The Department may allocate, as necessary or desirable, any funds received to conservation districts, counties or municipalities for the purpose of effectuating this chapter.

(b) The conservation districts, counties and municipalities shall have authority to adopt a fee system to help fund program implementation. That fee system shall be implemented by the designated plan approval agency to fund overall program management, plan review, construction review, enforcement needs and maintenance responsibilities. In those situations where the Department becomes the designated plan approval agency, the Department may assess a plan review and inspection fee. That fee shall not exceed $975 per disturbed acre per project. There shall be no duplication of fees by the various implementing agencies for an individual land disturbing activity and the fee schedule shall be based upon the costs to the Department, conservation districts, counties or municipalities to implement and administer the program. In addition, the Department of Transportation is authorized to act as the designated plan approval agency in those situations where a public utility engages in land-disturbing activity for which a permit is required because of a project initiated by the Department of Transportation, subject to the following provisions:

(1) If the land-disturbing activity takes place on an existing right-of-way of the Department of Transportation, that Department is permitted to assess and collect a fee for this purpose which shall not exceed $125 per acre, with a $250 minimum.

(2) If the land-disturbing activity takes place adjacent to but not upon an existing right-of-way of the Department of Transportation, the fee contemplated by paragraph (b)(1) of this section is waived.

(c) Authority is also granted to the Department, conservation districts, counties or municipalities to establish a stormwater utility as an alternative to total funding under the fee system. The stormwater utility shall be developed for the designated watersheds and may fund such activities as long range watershed master planning, watershed retrofitting, and facility maintenance. This fee system shall be reasonable and equitable so that each contributor of runoff to the system, including state agencies, shall pay to the extent to which runoff is contributed. Criteria for the implementation of the stormwater utility shall be established in regulations promulgated under this chapter. The implementation of a stormwater utility will necessitate the development of a local utility ordinance prior to its implementation.
7 Del. C. § 2406 — Delaware Code / Title 7 / Chapter 24 / Section 2406
§ Â
        2406. Seasons; limits.
Status: in_force

Except in the case of clams reared on shellfish aquaculture lease sites on Delaware’s Inland Bays, the Department will establish by regulation the seasons for the taking of clams and/or limit the number of clams which may be harvested commercially by any 1 licensee. If, in its discretion, the Department determines from biological evidence that emergency restrictions are necessary to protect clams or other shellfish resources of the State, they may do so with advance notice as it deems necessary.
7 Del. C. § 6216 — Delaware Code / Title 7 / Chapter 62 / Section 6216
§ Â
        6216. Rules and regulations.
Status: in_force

The Secretary may, after public hearing in accordance with § 6006 of this title, adopt, amend, modify or repeal rules or regulations to effectuate the policies and purposes of this chapter.
7 Del. C. § 6090 — Delaware Code / Title 7 / Chapter 60 / Subchapter VII / Section 6090
§ Â
        6090. Findings; intent.
Status: in_force

(a) The General Assembly finds that:

(1) Recycling of waste materials is preferable to incinerating or landfilling those materials because recycling conserves valuable resources, saves energy in the manufacturing process and extends the life of disposal facilities;

(2) Increased recycling is necessary in Delaware to meet the EPA’s national goal of a 25% reduction of the solid waste stream;

(3) Plastics have been shown to be recyclable;

(4) One of the barriers to increased recycling of plastics is the necessity of keeping the various types of plastic separate, based on the resin from which they are made; and

(5) The Society of the Plastics Industry, Inc., has devised a coding system that can be used to label plastic containers so as to identify the type of resin from which they are made.

(b) It is the intent of the General Assembly to facilitate the recycling of plastic containers by requiring that these containers be labeled according to resin type.
7 Del. C. § 4362 — Delaware Code / Title 7 / Chapter 43 / Subchapter V / Section 4362
§ Â
        4362. Method of determining tax.
Status: in_force

In determining the amount of any taxes to be levied against each owner’s lands under this chapter, the lagoon managers shall determine the same in accordance with the ratio which exists between the assessment base for each property and the total assessment base for the tax lagoon.
7 Del. C. § 4133 — Delaware Code / Title 7 / Chapter 41 / Subchapter III / Section 4133
§ Â
        4133. Contents of report; filing.
Status: in_force

After holding the hearing and supervising the referendum provided for in § 4132 of this title, the board of ditch commissioners shall file the original and 2 copies of its final report in the office of the prothonotary of the county in which all or the major portion of the lands involved is located, and shall attach to the report a certificate stating the results of the referendum and the place where and the time when it was held. The board of ditch commissioners shall also prepare and attach to the report a statement showing:

(1) Whether the board of ditch commissioners has fully discharged the duties assigned to it as prescribed by law;

(2) Whether the proposed tax ditch is practicable and feasible and in the interest of the public health, safety and welfare;

(3) Whether in laying out the tax ditch, the lands of every landowner assessed are directly or indirectly affected by some part of the proposed tax ditch;

(4) Any objections made to the report of the board of ditch commissioners which did not warrant further changes in the report and the reasons therefor;

(5) Whether, in the opinion of the board of ditch commissioners, the benefits that will result from the construction of the proposed tax ditch will exceed the total cost;

(6) Any other recommendations or information which the board of ditch commissioners deems pertinent.
7 Del. C. § 4128 — Delaware Code / Title 7 / Chapter 41 / Subchapter III / Section 4128
§ Â
        4128. Factors in determination of cost.
Status: in_force

(a) In determining the total cost of the proposed tax ditch works of improvement, the board of ditch commissioners shall include, among other things, the estimated costs of construction, the estimated cost of forming the tax ditch, the amount of damages, if any, awarded to landowners and the amount of compensation, if any, to be paid to landowners for works of improvement previously constructed and deemed adequate under § 4127 of this title.

(b) The estimated cost of interest which will develop if the tax ditch borrows money to finance construction and the estimated cost of annual maintenance shall not be included in the total cost of the proposed tax ditch works of improvement.
7 Del. C. § 2102 — Delaware Code / Title 7 / Chapter 21 / Section 2102
§ Â
        2102. Natural oyster beds.
Status: in_force

(a) It shall be unlawful for a person to harvest oysters from the natural oyster beds at any time except as specifically authorized by the Department.

(b) The Department shall determine on an annual basis the amount of oysters available for harvest from specific natural oyster beds by analyzing the best available scientific data on said oysters.
7 Del. C. § 4201 — Delaware Code / Title 7 / Chapter 42 / Section 4201
§ Â
        4201. Purpose.
Status: in_force

It is the purpose of this chapter to provide for the proper design, construction, operation, maintenance and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams and to prevent injuries to persons, damage to downstream property and loss of reservoir storage.
7 Del. C. § 4007 — Delaware Code / Title 7 / Chapter 40 / Section 4007
§ Â
        4007. Local sediment and stormwater programs.
Status: in_force

(a) Pursuant to regulations promulgated by the Department, each conservation district, county, municipality or state agency may adopt, and submit to the Department for approval, 1 or more components of a sediment and stormwater program for the area within its jurisdiction.

(b) Requests for delegation of program elements shall be submitted within 6 months of the promulgation of state regulations, and by January 1 of subsequent years if delegation is desired at a future date. The Secretary shall grant or deny such a request on or before April 1 of the year for which delegation is sought.

(c) Delegation, once applied for, shall become effective on July 1 and shall not exceed 5 years, at which time delegation renewal is required.

(d) A district, county, municipality or state agency may develop the program in cooperation with any other governmental subdivisions.

(e) Initial consideration regarding delegation of program elements shall be given to the conservation districts, since the conservation districts, having unique capabilities and areawide responsibilities, are in an ideal position to coordinate and implement local sediment and stormwater programs.
7 Del. C. § 6135 — Delaware Code / Title 7 / Chapter 61 / Section 6135
§ Â
        6135. Sulphur.
Status: in_force

This chapter applies equally to the exploration and leasing of tide and submerged lands for the production of sulphur, save and except that the royalty for sulphur produced under this chapter shall not be less than $1.00 per long ton.
7 Del. C. § 4342 — Delaware Code / Title 7 / Chapter 43 / Subchapter IV / Section 4342
§ Â
        4342. Distribution of lagoon order and this chapter; filing of assessment list.
Status: in_force

(a) At the organization meeting of the tax lagoon, the Division of Watershed Stewardship shall deliver to the managers, when elected, a certified copy of the lagoon order and a copy of this chapter, together with all effective amendments thereto.

(b) The Division of Watershed Stewardship shall deliver a copy of the assessment list prepared under § 4321 of this title, as modified by the lagoon order, to the board of assessment of the county, making such changes in the names of the owners thereon as are warranted by transfers to new owners of lands assessed.
7 Del. C. § 2503 — Delaware Code / Title 7 / Chapter 25 / Section 2503
§ Â
        2503. Landing of dismembered lobsters.
Status: in_force

It shall be unlawful for any person, firm or corporation to bring to shore in Delaware or have in possession on the waters of this State any dismembered lobsters, detached tails or claws, picked or cooked lobster meat.
7 Del. C. § 601 — Delaware Code / Title 7 / Chapter 6 / Section 601
§ Â
        601. Importation of endangered species or hides, parts or articles made therefrom.
Status: in_force

Notwithstanding any other provision of this title, the importation, transportation, possession or sale of any endangered species of fish or wildlife, or hides or other parts thereof, or the sale or possession with intent to sell any article made in whole or in part from the skin, hide or other parts of any endangered species of fish or wildlife is prohibited, except under license or permit from the Division of Fish and Wildlife. For the purposes of this section, endangered species shall mean those species of fish and wildlife designated by the Division of Fish and Wildlife as seriously threatened with extinction. Such a list shall in any event include, but not be limited to, endangered species as so designated by the Secretary of the Interior.
7 Del. C. § 6040 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6040
§ Â
        6040. Requirement for scrap tire piles; enforcement.
Status: in_force

(a) The following definitions shall apply to this section:

(1) “Operator” means any person or entity who has or had a contractual or other responsibility for security, maintenance, sales or operations of a scrap tire pile or of any real property on which a scrap tire pile is located, at any time after July 20, 1999; provided that this definition does not include a person or entity whose only ownership interest is as a mortgagee.

(2) “Owner” means any person or entity who has or had legal or equitable ownership interest in a scrap tire pile, or in any real property on which a scrap tire pile is located, at any time after July 20, 1999.

(3) “Scrap tire” means:

a. A tire that is no longer prudent or practical for vehicular use; or

b. A tire that has not been used on a vehicle for more than 6 months after the last date it was used on a vehicle.

(4) “Scrap tire pile” means an accumulation of 100 or more scrap tires, whether or not they are lying 1 upon another, that:

a. Has been accumulated or located in the same general vicinity, or accumulated or located on a parcel of real property; and

b. Is not enclosed by a building.

(5) “Tire” means a covering fitting around the rim of a vehicular wheel to absorb shocks, usually of reinforced rubber or a rubberized compound, and pressurized with air or by a pneumatic inner tube, and typically weighing approximately 25 pounds. Included in this meaning is any substantial portion of such covering, and any weight tires including truck tires.

(b) The Secretary shall, after notice and public hearing, promulgate regulations to establish standards for storage of scrap tires. Such standards shall include:

(1) A limit on the number of scrap tires that may be stored at any given location;

(2) A limit on the length of time that scrap tires may be stored at a given location;

(3) Appropriate mosquito control methods to be employed at scrap tire piles; and

(4) Proper methods for managing scrap tire piles.
7 Del. C. § 6036 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6036
§ Â
        6036. Projects of state significance.
Status: in_force

The Department shall adopt objective standards and criteria to identify “projects of state significance” which standards and criteria shall be used by the Department in evaluating projects in the State requiring the review or approval of the Department. The process to be followed by the Department in the adoption of said objective standards and criteria shall include the following:

(1) In making the determination of whether any proposed project is a project of state significance, the Department shall consider, without limitation, the following factors:

a. Environmental impact, including, without limitation, probable air, land and water pollution likely to be generated by the proposed use under normal operating conditions and as the result of mechanical malfunction and human error; likely destruction of wetlands and flora and fauna; impact and effect of site preparation and facility operations on land erosion, drainage of the area in question, especially as it relates to flood control, and the quality and quantity of surface and ground water resources, such as the use of water for processing, cooling, effluent removal and other purposes; and the likelihood of generation of glare, heat, noise, vibration, radiation, electromagnetic interference and obnoxious odors.

b. Economic effect, including, without limitation, the number of jobs created and the income which will be generated by the wages and salaries of these jobs in relation to the amount of land required, and the amount of tax revenues potentially accruing to state and local government.

c. Effect on neighboring land uses including, without limitation, effect on public access to all state surface waters, effect on recreational areas and effect on adjacent residential and agricultural areas.

(2) The Secretary shall further elaborate on the definition of “heavy industry” in accordance with § 7005(c) of this title. The Secretary shall delineate “heavy industry of state significance” as part of this process, which shall be a subcategory of projects of state significance. Heavy industry uses of any kind, including heavy industry of state significance, not in operation on June 28, 1971, shall be prohibited in the coastal zone and no permits may be issued therefor.

(3) All agencies of state government shall assist the Department in developing objective standards and criteria to identify projects of state significance and shall provide such information as the Department requests. The Department shall develop regulations specifying the objective standards and criteria which are to be used to identify projects of state significance and shall make such regulations available for public review no later than 9 months after the effective date of this legislation. The Department shall hold a public hearing on said regulations and shall announce such hearing by publication in a newspaper of general circulation in each county of the State. The Department shall adopt regulations specifying the objective standards and criteria for identifying projects of state significance, with exception of heavy industry of state significance, no later than 13 months after the effective date of this legislation. The Department shall submit to the State Coastal Zone Industrial Control Board standards and criteria for identifying heavy industry of state significance for adoption no later than 11 months after the effective date of this legislation. The State Coastal Zone Industrial Control Board shall adopt said standards and criteria no later than 13 months after the effective date of this legislation.
7 Del. C. § 545 — Delaware Code / Title 7 / Chapter 5 / Subchapter III / Section 545
§ Â
        545. Penalty.
Status: in_force

Whoever violates this subchapter shall be fined guilty of a class D environmental violation for each offense.
7 Del. C. § 6209 — Delaware Code / Title 7 / Chapter 62 / Section 6209
§ Â
        6209. Financial responsibility.
Status: in_force

(a) The owner or operator of a vessel or offshore facility shall establish and maintain evidence of financial responsibility by obtaining a Certificate of Financial Responsibility issued by the United States Coast Guard pursuant to the requirements of the Oil Pollution Act of 1990 (OPA), 33 U.S.C. § 2701, et seq., and regulations promulgated thereunder, enacted as of June 6, 2013. An owner or operator of a vessel or offshore facility that is not required by OPA to establish and maintain such evidence of financial responsibility shall be exempt from the requirements of this subsection, and from subsections (b) and (c) of this section.

(b) The master or operator of any vessel or offshore facility subject to this chapter shall have in his or her possession at all times certification that the financial responsibility provisions of this section have been complied with. Pilots of vessels holding a license issued by the State shall demand that such certification of financial responsibility be produced before providing any pilot service to said vessel.

(c) The owner or operator of any vessel or offshore facility subject to this chapter who, upon request, does not produce a COFR issued by the United States Coast Guard pursuant to OPA shall be punished by a fine of not less than $5,000 nor more than $15,000 for each such violation.

(d) Any claim authorized by § 6207 of this title may be asserted directly against any guarantor providing evidence of financial responsibility as required by the United States Coast Guard pursuant to OPA. In defending such claim, the guarantor shall be entitled to invoke all rights and defenses which would be available to the owner or operator under this title. He or she shall also be entitled to invoke the defense that the incident was caused by the wilful misconduct of the owner or operator, but shall not be entitled to invoke any other defense which he or she might have been entitled to invoke in proceedings brought by the owner or operator against him or her.
7 Del. C. § 6430 — Delaware Code / Title 7 / Chapter 64 / Subchapter I / Section 6430
§ Â
        6430. Collection and transportation of infectious waste.
Status: in_force

(a) Any person who collects or transports infectious waste from an infectious waste generator shall obtain from the Authority a license specifically for collection or transportation of infectious waste in the State.

(b) The Authority may, after public notice and hearing, adopt rules and regulations governing the licensing of infectious waste collectors and transporters.

(c) The Authority may, after public notice and hearing, adopt rules and regulations for the tracking of infectious waste generated by infectious waste generators, by requiring infectious waste generators and transporters to file with the Authority a copy of any infectious waste tracking form or manifest that may be required under laws or regulations of the State.
7 Del. C. § 102 — Delaware Code / Title 7 / Chapter 1 / Section 102
§ Â
        102. Powers and duties.
Status: in_force

(a) The Department shall protect, manage and conserve all forms of protected wildlife of this State, and enforce by proper actions and proceedings the law relating thereto. The Department shall authorize such studies as are necessary to the work of the Department, and shall collect, classify and preserve such statistics, data and information as in its discretion will tend to promote the objectives of Parts I and II of this title.

(b) The Secretary shall employ Fish and Wildlife Agents and other necessary employees and shall fix the salaries of all such employees, who shall have the power to arrest in the same manner provided in subsection (c) of this section, and for the same purpose therein described, and be subject to and serve during the pleasure of the Secretary.

(c) The Department shall prescribe the form of licenses issued by it; shall collect all fees for licenses issued by it and all fines and forfeitures imposed for violations of the game and fish laws of this State; shall have authority to arrest without warrant for all violations of the game and fish laws of this State in order to carry out the provisions thereof. The Fish and Wildlife Agents shall also have the power to make arrests of persons violating § 518 of Title 17 in their presence or view or otherwise upon the issuance of an arrest warrant based on a showing of probable cause that the individual named in the warrant committed the violation.

(d) The Department may issue a permit to any recognized sportsmen’s club having its principal location in the State to hold field trials at any time on liberated game legally possessed or on liberated artificially propagated game legally possessed and take such game by shooting. Such game taken shall be immediately tagged for identification with seals or tags supplied by the Department, for which it shall receive 5 cents each. Game so tagged may be possessed, transported, bought and sold at any time and seals shall not be removed until game is finally prepared for consumption.
7 Del. C. § 4152 — Delaware Code / Title 7 / Chapter 41 / Subchapter IV / Section 4152
§ Â
        4152. Distribution of ditch order and this chapter; filing of assessment list.
Status: in_force

(a) At the organization meeting of the tax ditch, the Division of Watershed Stewardship shall deliver to the managers, when elected, a certified copy of the ditch order and a copy of this chapter, together with all effective amendments thereto.

(b) The Division of Watershed Stewardship shall deliver a copy of the assessment list prepared under § 4129 of this title, as modified by the ditch order, to the board of assessment of the county, making such changes in the names of the owners thereon as are warranted by transfers, to new owners, of lands assessed.
7 Del. C. § 4349 — Delaware Code / Title 7 / Chapter 43 / Subchapter IV / Section 4349
§ Â
        4349. Meetings of lagoon managers; quorum.
Status: in_force

The lagoon managers shall meet as often as necessary to properly conduct the business of the tax lagoon. At such meetings a majority of the lagoon managers shall constitute a quorum, and the concurrence of a majority in any matter within their duties shall be required for its determination.
7 Del. C. § 7211 — Delaware Code / Title 7 / Chapter 72 / Section 7211
§ Â
        7211. Costs, deposits and fees.
Status: in_force

(a) All costs for the proceedings under this chapter shall be assessed against the applicant.

(b) The Secretary may require a deposit at the time of the application or at any other time to insure the payment of the costs.

(c) All costs and deposits and all fees collected under this chapter are hereby appropriated to the Department to carry out the purposes of this chapter.
7 Del. C. § 801 — Delaware Code / Title 7 / Chapter 7 / Subchapter VIII / Section 801
§ Â
        801. Non-native wildlife; rules and regulations.
Status: in_force

The Department, with the advice and recommendations of the Freshwater Fish and Wildlife Advisory Council, may establish such rules and regulations concerning the importation, possession, transportation, disposition, introduction, release, elimination, harvest, or management of any non-native wildlife species to include but not limited to invasive wildlife species in any specified localities as it deems necessary or advisable for the protection or conservation of native wildlife species or their habitats or for the protection of agriculture, domestic animals, property, or human health or safety.
7 Del. C. § 7121 — Delaware Code / Title 7 / Chapter 71 / Subchapter II / Section 7121
§ Â
        7121. Motor vehicle noise inspection.
Status: in_force

Any motor vehicle which is subject to inspection by the Division of Motor Vehicles or any other duly authorized body shall, as a condition of compliance with said inspection, pass such tests as may be required to demonstrate that the motor vehicle is in compliance with all state and federal standards and requirements for the control of noise which are applicable to such motor vehicles.
7 Del. C. § 715 — Delaware Code / Title 7 / Chapter 7 / Subchapter I / Section 715
§ Â
        715. Possession of protected wildlife; prohibitions.
Status: in_force

(a) No person shall have more than 2 times the daily bag limit or creel limit of any game bird, game animal or game fish in that person’s possession at any 1 time when it is lawful to possess such wildlife, except that possession limits for game birds protected under the Migratory Bird Treaty Act [16 U.S.C. § 703 et seq.] shall be defined by federal regulations. Any game bird, game animal, or game fish that has been processed and stored for consumption at a person’s permanent residence shall not count against the person’s possession limit. Nothing in this section shall apply to terrapin lawfully taken and of lawful size, when it is lawful to have said animals, their meat and skins in possession.

(b) No person shall have in possession any game fish during the closed season for said fish, whether the same shall have been taken within or without the State, and no person shall at any time of the year barter, sell, offer for sale or buy any game birds, game animals or game fish protected by the laws of this State, and killed or caught either lawfully or unlawfully within or without this State, except always the muskrat, the snapping turtle and the diamond back terrapin trade during the seasons when it is lawful to have said animals and their meat in possession, and trading at any and all times in muskrat skins and other skins and in terrapin of lawful size which have been lawfully taken; and further except always hotels, restaurants, clubs and other food dispensers which may offer pheasants and quail for food consumption, provided, however, that every such food dispenser having pheasants and quail in its possession has an invoice covering the same showing purchase thereof from a licensed game breeder within or without this State, said invoice to have the game breeder’s license number on it.

(c) No person shall knowingly have in possession any game birds, animals or fish which have been unlawfully killed or taken, except when confiscated by the Department and when in the possession of the Department or when in the possession of those to whom the Department has given them.

(d) Whoever violates this section shall be guilty of a class C environmental violation for each offense. In addition to being fined and/or imprisoned, the violator shall be fined $25 for each game bird, game fish and game animal caught or killed illegally, purchased or offered to purchase, sold, offered for sale, bartered or exchanged, or taken or killed or found in possession in excess of the bag or creel limit.
7 Del. C. § 7804 — Delaware Code / Title 7 / Chapter 78 / Section 7804
§ Â
        7804. Pollution Prevention Program.
Status: repealed

(a) The Department shall establish the Implementation Committee and appoint the members thereof.

(1) The Implementation Committee shall be composed of, but not be limited to, the following individuals or their designee:

a. The Secretary of the Department;

b. [Repealed.]

c. The Secretary of the Department of Agriculture;

d. The Director of the Office of Management and Budget;

e. The President of the Delaware State Chamber of Commerce;

f. The Secretary of Education;

g. The General Manager of the Delaware Solid Waste Authority;

h. A representative of the League of Local Governments;

i. A representative of the Chemical Industry Council;

j. A representative of Delaware State University;

k. A representative of Delaware Technical and Community College;

l. A representative of the University of Delaware;

m. A representative from the private solid waste collection industry;

n. A representative of civic organizations; and

o. A representative of an environmental organization.

The Implementation Committee will be chaired by the Secretary of the Department and be staffed by the Department. The members of the Implementation Committee are appointed for a period of 11/2 years and shall meet at least monthly during this period.

(2) The Implementation Committee shall select the target industry and location for the initial technical assistance program. The Committee shall evaluate the technical assistance program 1 year after the program commences or upon completion, whichever is earlier. The Committee shall then select a second target industry or location for the technical assistance program.

(b) (1) The objectives of the Pollution Prevention Program shall be:

a. Targeting industries and locations for technical assistance; and

b. Providing pollution prevention education and outreach.

(2) These objectives shall be accomplished through implementation of, but not be limited to, the programs outlined in this section.

a. Technical assistance.

1. The Department shall create a multimedia waste reduction assistance program to provide technical assistance to targeted industries, focusing on small companies within the industry because, for the most part, they do not have the economic or technical resources necessary to acquire recommendations on how to effectively minimize their wastes. The program will be made available to other industries which request assistance. The overall objective of the multi-media opportunity audit program is to reduce or recycle, to the maximum extent practicable, all waste streams within an industry.

2. [Repealed.]

b. Pollution prevention education and outreach.

1. The Department shall increase public awareness of the need for individual and community based pollution prevention programs by conducting educational workshops and industry seminars.

2. The Department shall produce a pollution prevention newsletter to be distributed to industry and the public.

(c) An annual report on the Pollution Prevention Program shall be provided to the Governor and the General Assembly. The report shall include an evaluation of current programs and plans for implementation of any additional programs, including information on potential benefits, who should be responsible for implementing them, how much they will cost, and how they might be financed.
7 Del. C. § 6071 — Delaware Code / Title 7 / Chapter 60 / Subchapter IV / Section 6071
§ Â
        6071. Purpose.
Status: in_force

The General Assembly finds that historically millions of tons of solid wastes have been disposed of in the ocean and waters of the State, that these wastes are not land disposed in recognition of the threat posed by the presence of contaminants, by the lack of knowledge or appreciation of the harm such wastes can cause to the marine environment, or that it is cheaper to dispose of such wastes in the ocean or other waters of the State. Therefore, it is the intent of the General Assembly to prohibit the disposal of solid wastes in the ocean and other waters of the State.
7 Del. C. § 7901 — Delaware Code / Title 7 / Chapter 79 / Subchapter I / Section 7901
§ Â
        7901. Findings; purpose.
Status: in_force

(a) The General Assembly finds that:

(1) The discharge of pollutants to Delaware’s air and water, and the management and disposal of solid and hazardous wastes in Delaware’s environment can create significant risks to public health and environmental quality;

(2) The protection of Delaware’s coastal zone and subaqueous lands from environmental degradation is a matter of public trust as demonstrated by the enactment of the Delaware Coastal Zone Act, Chapter 70 of Title 7, and the Delaware Subaqueous Lands Act, Chapter 72 of Title 7;

(3) The public has a right to clean air and water, and otherwise to a healthy environment; and

(4) Because of the importance of these resources to the health and welfare of Delaware citizens, the State has a right and responsibility to ensure that those regulated parties obtaining permits to discharge pollutants, manage wastes, or make commercial use of the coastal zone and the State’s subaqueous lands can be trusted to carry out the responsibilities and conditions of these permits.

(b) It is the purpose of this subchapter to ensure that the State has adequate information about the background of applicants or regulated parties for the purposes of processing permits and conducting other regulatory activities associated with stormwater management, NPDES, oil pollution liability, air, hazardous waste, solid waste, commercial subaqueous, wetlands, coastal zone, underground storage tank, extremely hazardous substances, hazardous substances cleanup and emergency planning and community right-to-know under the authority of Chapters 40, 60, 62, 63, 66, 70, 72, 74, 74A, 77, 78 and 91 of this title, Chapter 63 of Title 16, and § 8028 of Title 29. This includes the ability to identify applicants or regulated parties with histories of environmental violations or criminal activities and/or associations or applicants who cannot demonstrate the required responsibility, expertise or competence which is necessary for the proper operation or activity permitted by the Department.

(c) The purpose of chronic violator status is to provide a mechanism for preventing or correcting circumstances in which:

(1) One or more of the traditional enforcement tools and regulatory programs of the Department appear insufficient to conform behavior and deter future violations by the regulated party; or

(2) The regulated party appears to be treating penalties and other sanctions as merely an on-going business expense rather than as symptomatic of underlying problems and threats to the State’s environment that must be addressed and corrected.
7 Del. C. § 7509 — Delaware Code / Title 7 / Chapter 75 / Section 7509
§ Â
        7509. Program administration.
Status: repealed

(a) The Department shall administer the Open Space Program. Direct costs associated with the administration of the Open Space Program shall be paid from the Conservation Trust Fund.

(b)–(d) [Repealed.]

(e) Reporting to the Governor and General Assembly.

(1) Five years after August 3, 2016, and every 5 years thereafter through the life of the Open Space Program, the Secretary and the Council shall report to the Governor and the General Assembly on the status and accomplishments of the Open Space Program with recommendations regarding continuation of the Open Space Program.

(2) The Secretary and the Council shall file annual reports with the General Assembly detailing the accomplishments and activities of the Open Space Program.
7 Del. C. § 7604 — Delaware Code / Title 7 / Chapter 76 / Section 7604
§ Â
        7604. Duties of the Board of Directors.
Status: in_force

(a) The Board shall be responsible for the procurement and administration of federal and private moneys secured to fulfill the responsibilities pursuant to the protection and restoration of the Inland Bays’ watershed. The Board shall review and consider recommendations made by the Executive Director concerning priorities for protecting and restoring the Inland Bays’ watershed and to oversee fundraising activities and the distribution of moneys received.

(b) The Board of Directors shall oversee and facilitate the implementation of the CCMP upon its adoption, tracking and monitoring its progress leading to improvements to the Inland Bays, facilitating an ongoing dialogue on issues concerning their protection, educating the public and students about how to protect the Bays and determining priorities for restoration, enhancement and land acquisition projects.

(c) Meetings of the Board of Directors shall be held at least quarterly, or as deemed necessary, and shall be open to the public and advertised according to Delaware law. Experts in various subject matters may be invited to address the Board of Directors as needed and appropriate.

(d) Staff support for the Board shall be provided by an Executive Director who will convene its meetings; develop and carry out its agreements; develop grant proposals and fundraising events to support its educational, restoration and land acquisition activities; prepare solicitations for proposals and make recommendations for the award of grants for educational and restoration projects; prepare progress reports, work plans and budgets for the Board’s approval; support advisory committees; supervise staff and perform other duties as assigned by the Board.

(e) The Board shall submit a progress report annually to the General Assembly. The General Assembly may order periodic general audits of the Center for the Inland Bays.
7 Del. C. § 4730 — Delaware Code / Title 7 / Chapter 47 / Subchapter II / Section 4730
§ Â
        4730. Short title.
Status: in_force

This subchapter shall be known, and may be cited, as “The Fort DuPont Redevelopment and Preservation Act.”
7 Del. C. § 7412A — Delaware Code / Title 7 / Chapter 74A / Section 7412A
§ Â
        7412A. Variances.
Status: in_force

Permanent variances, temporary variances and temporary emergency variances may be granted by the Department from any regulation adopted pursuant to this chapter, in accordance with §§ 6011 and 6012 of this title.
7 Del. C. § 6425 — Delaware Code / Title 7 / Chapter 64 / Subchapter I / Section 6425
§ Â
        6425. Conflict of interest.
Status: in_force

No director shall be entitled to vote on any matter before the Authority if such director knowingly has a financial interest in the outcome of such matter. In the event a director knowingly has a financial interest such director shall indicate to the chairperson the nature of the interest and the chairperson shall note for the record that the director did not vote by reason of conflict of interest. In situations in which a director or directors do not vote by reason of conflict of interest, the matter pending before the Authority shall be decided on the basis of a majority vote of the remaining directors present who do not have a conflict of interest. A director or directors having a conflict of interest as set forth herein shall be counted for purposes of establishing a quorum provided such director or directors are present at the meeting. The fact that a director or directors have not voted by reason of conflict of interest shall in no way affect the validity of an act or actions taken regarding the matter before the Authority.
7 Del. C. § 4140 — Delaware Code / Title 7 / Chapter 41 / Subchapter III / Section 4140
§ Â
        4140. Notice of final action on ditch order.
Status: in_force

When the ditch order has become effective because no objection has been filed, or because the right to appeal therefrom has expired, the prothonotary shall notify the Division of Watershed Stewardship and the appropriate county soil conservation district accordingly, and shall forward 2 certified copies of the ditch order to the Division of Watershed Stewardship.
7 Del. C. § 9119 — Delaware Code / Title 7 / Chapter 91 / Subchapter I / Section 9119
§ Â
        9119. Injunctions.
Status: in_force

The Court of Chancery shall have jurisdiction to enjoin violations of this chapter.
7 Del. C. § 9122 — Delaware Code / Title 7 / Chapter 91 / Subchapter II / Section 9122
§ Â
        9122. Declaration of purposes.
Status: in_force

(a) In addition to the provisions of the foregoing subchapter I of this chapter, this subchapter is intended to implement a Brownfields Development Program, supplementing the powers and duties of the Secretary as set forth in § 9104 of this title.

(b) The General Assembly recognizes that:

(1) There are brownfield sites throughout the State;

(2) The underutilization of brownfields in the State operates to the economic detriment of the citizens of the State, because the underutilization of these sites limits employment opportunities and needlessly uses valuable “greenfield” resources; and

(3) There is a need to establish a program to effectively investigate, remediate, and redevelop these sites, thus returning these sites to more productive use and enhancing the economic well being of the citizens of the State.
7 Del. C. § 6205 — Delaware Code / Title 7 / Chapter 62 / Section 6205
§ Â
        6205. Enforcement.
Status: in_force

(a) Any person who violates a provision of this chapter or any rule or regulation promulgated thereunder shall be liable in any court of competent jurisdiction for a civil penalty of not less than $5,000 nor more than $40,000 for each day of violation. Any civil penalties collected under this section are hereby appropriated to the Department to carry out the purposes of this chapter.

(b) The Secretary may seek appropriate relief, including injunctive relief, in any court of competent jurisdiction to prohibit and prevent such violation or violations from continuing.

(c) The Secretary may also bring an action in any court of competent jurisdiction for the collection of expenses incurred by the Department resulting from the violation of this chapter or any rule or regulation promulgated thereunder.
7 Del. C. § 1313 — Delaware Code / Title 7 / Chapter 13 / Section 1313
§ Â
        1313. Peace officers ex officio Fish and Wildlife Agents.
Status: in_force

All constables and police officers, and all other peace officers of this State, shall be ex officio Fish and Wildlife Agents.
7 Del. C. § 5315 — Delaware Code / Title 7 / Chapter 53 / Subchapter II / Section 5315
§ Â
        5315. Cooperation with private individuals.
Status: in_force

(a) The Division shall take any action necessary and consistent with the purposes of the chapter to foster and improve the communication, cooperation, and exchange of information between the Division and:

(1) Private individuals having collections of archaeological resources and data which were obtained through legal means;

(2) Professional archaeologists and associations of professional archaeologists concerned with the archaeological resources of Delaware and of the United States.

(b) In order to protect and preserve archaeological resources which are found on privately owned lands in this State, it is a declaration and statement of legislative intent that archaeological excavations on privately owned lands are discouraged, except in accordance with and pursuant to the spirit and policy of this chapter; and persons having knowledge of the location of archaeological resources in Delaware are encouraged to communicate such information to the Director or to the Chairperson of the Department of Anthropology of the University of Delaware.
7 Del. C. § 5408 — Delaware Code / Title 7 / Chapter 54 / Section 5408
§ Â
        5408. Prohibited acts.
Status: in_force

No person, unless acting pursuant to Chapter 47 of Title 29, shall:

(1) Knowingly acquire any human skeletal remains removed from unmarked burials in Delaware, except in accordance with this chapter.

(2) Knowingly sell any human skeletal remains acquired from unmarked burials in Delaware.

(3) Knowingly exhibit human skeletal remains.

(4) Knowingly fail to notify the Medical Examiner or the Director of a discovery of unmarked human burials or skeletal remains pursuant to § 5404 of this title.
7 Del. C. § 511 — Delaware Code / Title 7 / Chapter 5 / Subchapter I / Section 511
§ Â
        511. Licensing agents; bond requirement; service charge; regulations.
Status: in_force

(a) The Department may authorize as many qualified persons as licensing agents as it deems necessary to effectuate the efficient distribution of the licenses, permits, tags, passes, and stamps authorized by subchapter I of this chapter.

(b) Licensing agents shall be required by the Department to give security by means of a bond in the penal sum of $5,000, conditioned for the faithful performance of their duties and for the prompt and correct remittance to the Department of the moneys received from the sale of licenses, permits, tags, passes, and stamps.

(c) Licensing agents may add a service charge to the required fee for a license, permit, tag, pass, or stamp, provided the service charge does not exceed $1.50 for a license, $1.50 for a permit, $1.50 for a tag, $1.50 for a pass, or $1.00 for a stamp. Such service charges, if imposed, shall be posted by the licensing agent and shall be clearly visible to prospective purchasers.

(d) Notwithstanding subsection (c) of this section, a licensing agent offering automated licensing may be authorized by the Department to add a service charge of up to $4.00 to the required fee for a license. License applicants, prior to their purchase of licenses through an automated system, shall be notified of the applicable service charge.

(e) The Secretary may adopt, amend, modify or repeal rules and regulations to effectuate the policy and purpose of this section.

(f) (1) Except as otherwise provided by the Constitutions or laws of the United States or of the State, as the same may expressly require or be interpreted as requiring by a court of competent jurisdiction, no claim or cause of action shall arise, and no judgment, damages, penalties, costs or other money entitlement shall be awarded or assessed against any person authorized by the Department as a licensing agent in any civil suit or proceeding at law or in equity, or before any administrative tribunal, where the following elements are present:

a. The act or omission complained of arose out of and in connection with the performance of the licensing agent’s official duties set forth in this title or the rules or regulations of the Department;

b. The act or omission complained of was done in good faith and in the belief that the licensing agent was acting in accordance with its official duties set forth in this title or the rules or regulations of the Department; and

c. The act or omission complained of was done without gross or wanton negligence.

(2) The plaintiff shall have the burden of proving the absence of 1 or more of the elements of immunity as set forth in this subsection.

(3) Nothing in this subsection shall be construed to require the State, the Department, or any agency, office, or instrumentality of the State to indemnify or to reimburse any licensing agent for costs of defending any civil suit or proceeding brought against the licensing agent. Nothing in this subsection shall be construed to require the State, the Department, or any agency, office, or instrumentality of the State to provide legal representation to any licensing agent in any civil suit or proceeding brought against the licensing agent.
7 Del. C. § 6043 — Delaware Code / Title 7 / Chapter 60 / Subchapter II-A / Section 6043
§ Â
        6043. Findings, purpose, and definitions [Effective July 16, 2028].
Status: in_force

(a) Findings. — The General Assembly hereby makes the following findings concerning the development, utilization and control of the air resources of the State related to impacts of carbon dioxide (CO2) emissions:

(1) There is growing scientific consensus that the increased anthropogenic emissions of greenhouse gases are enhancing the natural greenhouse effect and causing changes in the Earth’s climate.

(2) Climate change poses serious potential risks to human health and terrestrial and aquatic ecosystems globally, regionally and in the State.

(3) CO2 is an air contaminant as defined in § 6002 of this title.

(4) It is in the interest of the State to protect human health and terrestrial and aquatic ecosystems by taking actions to stabilize and to limit the CO2 contributions from the State.

(5) A CO2 reduction program focusing on fossil fuel-fired electricity generation, and the development of a CO2 allowance trading program, will create a strong incentive for the creation and deployment of more efficient fuel-burning technologies, renewable resources and end-use efficiency resources, which will lead to lower dependence on imported fossil fuels.

(6) Given the absence of federal action to protect the nation, a number of states, including Delaware, are taking actions regionally to reduce power sector CO2 emissions.

(7) The State of Delaware is a signatory state to the Regional Greenhouse Gas Initiative (“RGGI”), a cooperative effort on the part of mid-Atlantic and northeastern states to curtail CO2 emissions from power plants.

(8) The Memorandum of Understanding (“MOU”) signed by the Governors of participating RGGI states requires each participating state to promulgate regulations to establish a cap-and-trade program for CO2 with the goal of stabilizing CO2 emissions at current levels through 2015 and reducing by 10 percent such emissions by 2019.

(9) The MOU sets an initial emissions cap of 7,559,787 short tons of CO2 for Delaware and further requires a minimum of 25 percent of Delaware’s allocation of CO2 allowances under the cap-and-trade program to be used for public benefit purposes. The cap and Delaware’s allocation may be adjusted in the future.

(10) Implementation of a CO2 reduction program on a large scale, such as regionally, or nationally, is important so as to maximize our efficient use of energy and our contribution to lowering CO2 emissions while minimizing impacts on electric system reliability and unnecessary costs to Delaware power consumers. Further, costs of the CO2 cap and trade program are anticipated to be less burdensome if the program is implemented, to the extent possible and practicable, on a regional level.

(11) Pursuant to Senate Concurrent Resolution 28 of the 144th General Assembly, a stakeholder workgroup was convened to study the RGGI MOU, analyze the actions of other RGGI states, and consider and recommend the best course of action for Delaware, noting particularly the quantity of CO2 allowances to be auctioned and the potential for the use of any revenue to further the goals of the Sustainable Energy Utility or such other goals the workgroup considered consistent with the RGGI MOU.(a) Findings. — The General Assembly hereby makes the following findings concerning the development, utilization and control of the air resources of the State related to impacts of carbon dioxide (CO2) emissions:

(1) There is growing scientific consensus that the increased anthropogenic emissions of greenhouse gases are enhancing the natural greenhouse effect and causing changes in the Earth’s climate.

(2) Climate change poses serious potential risks to human health and terrestrial and aquatic ecosystems globally, regionally and in the State.

(3) Co2 is an air contaminant as defined in § 6002 of this title.

(4) It is in the interest of the State to protect human health and terrestrial and aquatic ecosystems by taking actions to stabilize and to limit the CO2 contributions from the State.

(5) A CO2 reduction program focusing on fossil fuel-fired electricity generation, and the development of a CO2 allowance trading program, will create a strong incentive for the creation and deployment of more efficient fuel-burning technologies, renewable resources and end-use efficiency resources, which will lead to lower dependence on imported fossil fuels.

(6) Given the absence of federal action to protect the nation, a number of states, including Delaware, are taking actions regionally to reduce power sector CO2 emissions.

(7) The State of Delaware is a signatory state to the Regional Greenhouse Gas Initiative (“RGGI”), a cooperative effort on the part of mid-Atlantic and northeastern states to curtail CO2 emissions from power plants.

(8) The Memorandum of Understanding (“MOU”) signed by the Governors of participating RGGI states requires each participating state to promulgate regulations to establish a cap-and-trade program for CO2 with the goal of stabilizing CO2 emissions at current levels through 2015 and reducing by 10 percent such emissions by 2019.

(9) The MOU sets an initial emissions cap of 7,559,787 short tons of CO2 for Delaware and further requires a minimum of 25 percent of Delaware’s allocation of CO2 allowances under the cap-and-trade program to be used for public benefit purposes. The cap and Delaware’s allocation may be adjusted in the future.

(10) Implementation of a CO2 reduction program on a large scale, such as regionally, or nationally, is important so as to maximize our efficient use of energy and our contribution to lowering CO2 emissions while minimizing impacts on electric system reliability and unnecessary costs to Delaware power consumers. Further, costs of the CO2 cap and trade program are anticipated to be less burdensome if the program is implemented, to the extent possible and practicable, on a regional level.

(11) Pursuant to Senate Concurrent Resolution 28 of the 144th General Assembly, a stakeholder workgroup was convened to study the RGGI MOU, analyze the actions of other RGGI states, and consider and recommend the best course of action for Delaware, noting particularly the quantity of CO2 allowances to be auctioned and the potential for the use of any revenue to further the goals of the Sustainable Energy Utility or such other goals the workgroup considered consistent with the RGGI MOU.

(b) Definitions. — For purposes of this chapter, the following terms shall have the meaning set out herein.

(1) “CO2 allowance” shall mean a limited authorization to emit up to 1 ton of CO2.

(2) “Public benefit purpose” shall mean purposes including the promotion of energy efficiency, the mitigation of electricity ratepayer impacts attributable to RGGI, the promotion of distributed renewable or non-carbon-emitting energy technologies, the stimulation and reward of investment in the development of innovative carbon emissions abatement technologies with significant carbon reduction potential, and funding of the administration of the Program established by this chapter.

(3) “Regional Greenhouse Gas Initiative” or “RGGI” shall the mean Regional Greenhouse Gas Initiative as established by the MOU signed by Delaware and other states calling for the development of a program to reduce CO2 emissions from energy generating facilities utilizing fossil fuels.der workgroup was convened to study the RGGI MOU, analyze the actions of other RGGI states, and consider and recommend the best course of action for Delaware, noting particularly the quantity of CO2 allowances to be auctioned and the potential for the use of any revenue to further the goals of the Sustainable Energy Utility or such other goals the workgroup considered consistent with the RGGI MOU.

(b) Definitions. — For purposes of this chapter, the following terms shall have the meaning set out herein.

(1) “CO2 allowance” shall mean a limited authorization to emit up to 1 ton of CO2.

(2) “Public benefit purpose” shall mean purposes including the promotion of energy efficiency, the mitigation of electricity ratepayer impacts attributable to RGGI or other causes, the promotion of distributed renewable or non-carbon-emitting energy technologies, the stimulation and reward of investment in the development of innovative carbon emissions abatement technologies with significant carbon reduction potential, and funding of the administration of the Program established by this chapter.

(3) “Regional Greenhouse Gas Initiative” or “RGGI” shall the mean Regional Greenhouse Gas Initiative as established by the MOU signed by Delaware and other states calling for the development of a program to reduce CO2 emissions from energy generating facilities utilizing fossil fuels.
7 Del. C. § 6416 — Delaware Code / Title 7 / Chapter 64 / Subchapter I / Section 6416
§ Â
        6416. Reports and audits.
Status: in_force

(a) The Authority shall make annual reports to the Governor, and the General Assembly of the State, setting forth in detail its operations and transactions, and may make such additional reports from time to time to the Governor and General Assembly as it may deem desirable.

(b) The Authority shall, at least annually, cause an independent audit of its fiscal affairs to be made and shall furnish a copy of such audit report together with such additional information or data with respect to its affairs as it may deem desirable to the Governor and General Assembly of the State.
7 Del. C. § 784 — Delaware Code / Title 7 / Chapter 7 / Subchapter V / Section 784
§ Â
        784. Terrapin raised in private ponds.
Status: in_force

Nothing contained in this subchapter shall prevent any person from raising terrapin in a private pond.
7 Del. C. § 2502 — Delaware Code / Title 7 / Chapter 25 / Section 2502
§ Â
        2502. Female lobsters bearing eggs.
Status: in_force

It shall be unlawful for a person to take, offer for sale or have in his or her possession at any time any female lobster bearing eggs visible thereon (berried lobsters) or any female lobster from which the eggs have been removed.
7 Del. C. § 4318 — Delaware Code / Title 7 / Chapter 43 / Subchapter III / Section 4318
§ Â
        4318. Determinations to be made by board of lagoon management commissioners.
Status: in_force

(a) Upon the filing of a petition for the formation of a tax lagoon in the office of the prothonotary of a county, the board of lagoon management commissioners of such county, acting as officers of the court, shall, at the direction of the resident judge thereof, go upon the lands that may be included in the tax lagoon and determine the approximate dimensions and volume of the required dredging; the approximate sizes, locations and specifications for required disposal facilities and other necessary works of improvement; the location of public roads and railroads and public utility installations within the proposed tax lagoon; the exterior boundaries of the tax lagoon; the approximate boundaries of each parcel or piece of land within the tax lagoon; the location and extent of needed permanent rights-of-way; the estimated total cost of all required tax lagoon works of improvement; the damages to lands, if any, which will result from the dredging of the tax lagoon; and an equitable basis, considering relative benefits to each landowner, for the distribution of costs. The board of lagoon management commissioners shall obtain from the Division of Watershed Stewardship such assistance and information as is needed in making the required determinations.

(b) When all of the landowners involved, with the approval of the board of lagoon management commissioners and with the cooperation of the Division of Watershed Stewardship:

(1) Jointly make the determinations regularly assigned to the lagoon management commissioners in subsection (a) of this section and in § 4319 of this title;

(2) Prepare the assessment list required by § 4321 of this title;

(3) Supply any additional data necessary to complete the report of the board of lagoon management commissioners required by § 4322 of this title; and

(4) Personally sign a statement to the effect that they approve the formation of the tax lagoon;

The board of lagoon management commissioners shall prepare their report from said determinations and such data without going upon the lands involved.
7 Del. C. § 7410A — Delaware Code / Title 7 / Chapter 74A / Section 7410A
§ Â
        7410A. Enforcement.
Status: in_force

This chapter is subject to enforcement pursuant to Chapter 60 and § 7906 of this title.
7 Del. C. § 1904 — Delaware Code / Title 7 / Chapter 19 / Section 1904
§ Â
        1904. Unlawful taking of shellfish.
Status: in_force

(a) It shall be unlawful to take any shellfish from any waters or shellfish grounds of this State unless specifically authorized by statute or regulation.

(b) Except on leased shellfish aquaculture sites, it is unlawful to take or attempt to take shellfish, except crabs, conchs (whelks) and clams, for commercial purposes on Sundays, provided however, that clams may not be taken for commercial purposes on any Sunday between and including this State’s designated Memorial Day and Labor Day, next ensuing.

(c) It shall be unlawful to take shellfish for commercial purposes between sunset and sunrise, except a commercial crab pot licensee or a commercial conch pot licensee may take blue crabs or conchs, respectively, 1 hour before sunrise.
7 Del. C. § 7413A — Delaware Code / Title 7 / Chapter 74A / Section 7413A
§ Â
        7413A. Aboveground storage tank registration fee [For application of this section, see 85 Del. Laws, c. 42, Â 10].
Status: in_force

(a) (1) Owners and operators must pay to the Department an annual per-tank registration fee. The fee is effective on July 1, 2002, with 6 months of fees due by October 1, 2002, and on or before February 1 of each calendar year thereafter. The fee is based on the schedule below. A registration fee not received by the Department by October 1, 2002, or by February 1 thereafter is subject to a late charge of 10% of the total fee.

(2) These fees may only be changed or amended with the prior approval of the General Assembly.

(b) The aboveground storage tank registration fee established in subsection (a) of this section must be used by the Department solely for the purpose of administering Chapters 74, 74A, and 74B of this title as well as the regulations of the Department promulgated under said chapters.

(c) The aboveground storage tank registration fee established in subsection (a) of this section must be credited to a dedicated administration fund established in the accounts of the State Treasurer. Money remaining in the fund at the end of the fiscal year does not revert to the General Fund, but remains in the dedicated administration fund. The fund must be maintained in a separate interest-bearing account and be administered by the Department. An accounting of moneys received and disbursed by the fund must be provided annually to the Governor and the General Assembly.
7 Del. C. § 6006 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6006
§ Â
        6006. Public hearings.
Status: in_force

Any public hearing held by the Secretary concerning any regulation or plan, permit application, alleged violation or variance request shall be conducted as follows:

(1) For any hearing on an application for a permit or an alleged violation or variance request, notification shall be served upon the applicant or alleged violator as summonses are served or by registered or certified mail not less than 20 days before the time of said hearing. Not less than 20 days’ notice shall also be published in a newspaper of general circulation in the county in which the activity is proposed or the alleged violation has occurred and in a daily newspaper of general circulation throughout the State.

(2) For a hearing on a regulation or plan proposed for adoption, notification shall be published in a newspaper of general circulation in each county and in a newspaper of general circulation in the State. Such notification shall include:

a. A brief description of the regulation or plan;

b. Time and place of hearing; and

c. Time and place where copies of the proposed regulation may be obtained and a copy of the plan is available for public scrutiny.

Such notice shall also be sent to any persons who have requested such notification from the Department by providing the name and mailing address.

(3) The permit applicant or the alleged violator or party requesting a variance may appear personally or by counsel at the hearing and produce any competent evidence in his or her behalf. The Secretary or his or her duly authorized designee may administer oaths, examine witnesses and issue, in the name of the department, notices of hearings or subpoenas requiring the testimony of witnesses and production of books, records or other documents relevant to any matter involved in such hearing; and subpoenas shall also be issued at the request of the applicant or alleged violator or party requesting a variance. In case of contumacy or refusal to obey a notice of hearing or subpoena under this section, the Superior Court in the county in which the hearing is held shall have jurisdiction upon application of the Secretary, to issue an order requiring such person to appear and testify or produce evidence as the case may require.

(4) A record from which a verbatim transcript can be prepared shall be made of all hearings and shall, also with the exhibits and other documents introduced by the Secretary or other party, constitute the record. The expense of preparing any transcript shall be borne by the person requesting it. The Secretary shall make findings of fact based on the record. The Secretary shall then enter an order that will best further the purpose of this chapter, and the order shall include reasons. The Secretary shall promptly give written notice to the persons affected by such order.

(5) The Secretary may establish a fee schedule for applications and hearings, and may collect from the applicant or from a violator finally adjudged guilty, the necessary expenses of the Department for conducting the hearing, or a reasonable fee for processing an application, or both. Any fees collected under this chapter are hereby appropriated to the Department to carry out the purposes of this chapter. The Secretary shall report through the annual budget process the receipt, proposed use and disbursement of these funds.
7 Del. C. § 4124 — Delaware Code / Title 7 / Chapter 41 / Subchapter III / Section 4124
§ Â
        4124. Determination by county soil conservation district.
Status: in_force

The county soil conservation district shall, upon the basis of the information obtained under this chapter, determine whether the formation of the proposed tax ditch is practicable and feasible and is in the interest of the public health, safety and welfare.
7 Del. C. § 7407A — Delaware Code / Title 7 / Chapter 74A / Section 7407A
§ Â
        7407A. Tank performance standards; release detection, prevention and correction regulations.
Status: in_force

(a) The Department, after notice and opportunity for public comment and within 24 months after July 8, 2002, shall promulgate tank performance standards, corrective action regulations and other appropriate regulations necessary and desirable to effectuate the purposes of this chapter.

(b) The Department’s standards and regulations must, at a minimum, include the following provisions:

(1) A requirement that a product inventory system or other similar control system, adequate to identify releases from aboveground storage tanks, be maintained;

(2) Procedures to follow when the product inventory system records or other similar control system records indicate an abnormal loss or gain of a regulated substance which is not explainable by spillage, temperature variations or other known causes;

(3) A requirement that appropriate corrective action be taken in response to a release from an aboveground storage tank as may be necessary to protect human health and the environment;

(4) A requirement to maintain records documenting actions taken in accordance with paragraphs (b)(1) through (3) of this section;

(5) A requirement for an enforcement program;

(6) A requirement for standards that will ensure against any future release from an aboveground storage tank being taken out of service or subsequently reintroduced into service; and

(7) A requirement for appropriate inspection, maintenance, monitoring and repair of aboveground storage tanks and associated equipment. The inspection and monitoring requirements shall require, at a minimum, an inspection report whenever a tank is emptied for maintenance or repair or removed from service. Such reports shall include, but not be limited to, the following information:

a. The structural and material thickness of the tanks;

b. The repairs needed;

c. A completion report for the repairs; and

d. For newly constructed aboveground storage tanks, a report including the welding procedures, welding certification reports, and any nondestructive testing performed on the aboveground storage tank prior to placing the tank into service.

All reports shall be submitted to the Department and shall be kept on file by the owner for the life of the aboveground storage tank. Should any aboveground storage tank have a change of ownership, all reports shall be provided to and maintained by all future owners.
7 Del. C. § 5406 — Delaware Code / Title 7 / Chapter 54 / Section 5406
§ Â
        5406. Archaeological investigation of human skeletal remains.
Status: in_force

All excavations not under the jurisdiction of the Medical Examiner shall be either conducted by, or under the supervision of, a professional archaeologist and shall be subject to permission from the landowner. All permissible excavations shall be conducted in accordance with the regulations promulgated for this chapter.
7 Del. C. § 6025 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6025
§ Â
        6025. Solid waste.
Status: repealed

(a) The Secretary shall have exclusive authority to effectuate the purposes of this chapter concerning solid waste, set forth in § 6001(c)(6) of this title notwithstanding any authority heretofore conferred upon or exercised by any other state agency, but any regulations heretofore duly adopted by any other state agency shall remain in effect and be enforceable by the Secretary unless repealed, amended or modified by the Secretary. Chapter 64 of this title shall not be interpreted to be in conflict with either the purposes of this chapter concerning solid waste as set forth in § 6001(c)(6) of this title, or any regulation promulgated thereunder.

(b) No person shall cause or contribute to the disposal or discharge of solid waste anywhere in the State including any surface or ground water, except:

(1) Through municipal or private solid waste collection systems which have received a permit from the Department; or

(2) In solid waste disposal facilities which have received a permit from the Department; or

(3) In containers specially provided for solid waste collection by any state or municipal agency or private or public group, organization, agency or company which has received a permit from the Department.

(c) Any person charged with violation of subsection (b) of this section, upon conviction, shall be fined not less than $500 nor more than $1500 for each violation and there shall be no suspension of the fine. Each day of continued violation or part thereof shall be considered as a separate offense. The court shall, in addition to levying the fine, order the person convicted to remove or cause to be removed any improperly disposed solid waste. In addition to the fine, the sentencing judge may order community service directed to the removal of solid waste illegally disposed of in the State, and may order restitution for costs incurred in remediation of the solid waste illegally disposed of in the State. The Courts of the Justices of the Peace shall have jurisdiction of offenses under this section.

(d) In the event a motor vehicle is used during or in aid of the disposal or discharge of solid waste in violation of subsection (b) of this section, and the identity of the offender is not otherwise apparent, there shall be a rebuttable presumption that the registered owner of the motor vehicle caused or contributed to such disposal or discharge. The rebuttable presumption set forth in this section shall not apply to operators of buses carrying 9 or more persons.

(e) Any person, who causes or contributes to the disposal or discharge of solid waste anywhere in the State including any surface or ground water, except:

(1) Through municipal or private solid waste collection systems which have received a permit from the Department; or

(2) In solid waste disposal facilities which have received a permit from the Department; or

(3) In containers specially provided for solid waste collection by any state or municipal agency or private or public group, organization, agency or company which has received a permit from the Department,

shall be civilly liable to the owner or person in possession of the real property upon which the solid waste is disposed or discharged, for any property damage sustained, for costs incurred by the owner or person in possession for clean up and proper disposal of the solid waste, and for reasonable attorneys’ fees. This cause of action is in addition to any other causes of action, rights and/or remedies the owner or person in possession may have.
7 Del. C. § 7205 — Delaware Code / Title 7 / Chapter 72 / Section 7205
§ Â
        7205. Permits required.
Status: in_force

(a) No person shall deposit material upon or remove or extract materials from, or construct, modify, repair or reconstruct, or occupy any structure or facility upon submerged lands or tidelands without first having obtained a permit, lease or letter of approval from the Department. Such permit, lease or letter of approval, if granted, may include reasonable conditions required in the judgment of the Department to protect the interests of the public. The Department may adopt regulations setting fees for such permits. If it is determined that granting the permit, lease or approval will result in loss to the public of a substantial resource, the permittee may be required to take measures which will offset or mitigate the loss. This section shall not apply to any repairs or structural replacements which are above the mean low tide and which do not increase any dimensions or change the use of the structure.

(b) The Secretary shall annually prepare a schedule of fees for permits issued pursuant to this section and submit the same as part of the Department’s annual operating budget proposal.

(c) The Secretary may waive any provision of the regulations adopted pursuant to this chapter when warranted under the following circumstances:

(1) Life-threatening emergencies.

(2) Actions required for public safety for which sufficient time is not available to follow the regulations.

(3) When imminent or catastrophic damage or loss of major infrastructure is likely if all provisions of the regulations are adhered to.

(4) Where the authority of the Department under this chapter overlaps with another statute, including but not limited to shellfish grounds (Chapter 19 of this title), wetlands (Chapter 66 of this title) or beach preservation (Chapter 68 of this title) provided that the following criteria are met:

a. If, in the opinion of the Secretary, equal environmental impact review and regulation of the activity would be provided by either statute; and

b. Waiver of these regulations would not be contrary to the purposes of this chapter.

(d) The Secretary may issue an after-the-fact permit, lease, letter of approval or waiver in those cases where an activity has occurred without first obtaining the required permit, lease, letter of approval or waiver. The determination of whether or not to issue an after-the-fact permit, lease, letter of approval or waiver shall be consistent with the purposes and provisions of this chapter. The applicant receiving the after-the-fact permit, lease, letter of approval, or waiver will be responsible for paying any associated processing fee and lease fee and the Secretary may assess a penalty in accordance with § 6005 of this title.
7 Del. C. § 4519 — Delaware Code / Title 7 / Chapter 45 / Section 4519
§ Â
        4519. Title or interest in public lands obtainable only by deed, conveyance or written instrument.
Status: in_force

No title or other interest in real property belonging to the State shall be acquired by adverse possession, presumed grant or any means other than by a deed or conveyance or other written instrument of transfer executed by a duly authorized official of the State pursuant to state law.
7 Del. C. § 7408A — Delaware Code / Title 7 / Chapter 74A / Section 7408A
§ Â
        7408A. Inspection and monitoring.
Status: in_force

(a) For the purpose of developing or assisting in the development of a standard or regulation or of enforcement of this chapter, an owner and operator shall, upon the request of an officer or employee of the State duly designated by the Secretary of the Department, furnish information relating to the tank and/or its contents and shall permit the designated officer or employee at all reasonable times to have access to and to copy all records relating to the tank and/or its contents and to conduct monitoring or require remediation activities, pursuant to § 7406A of this title, which the designated officer or employee deems necessary. For the purpose of developing or assisting in the development of a standard or regulation or of enforcement of this chapter, the designated officer or employee is authorized to:

(1) Enter at reasonable times the facility or other place where an aboveground storage tank or its records are located. The owner and/or operators shall permit unannounced inspections of tanks pursuant to this subsection; and

(2) Inspect and obtain samples from any person of regulated substances and to conduct monitoring of tanks, contents or surrounding soils, water and/or air. An inspection must be commenced and completed with reasonable promptness.

(b) In providing data under this chapter, a person required to provide data may:

(1) Designate the data which the owner or operator of the facility or tank believes constitutes trade secrets and commercial or financial information which the owner or operator believes is of a privileged or confidential nature, and the reasons for such belief; and

(2) Submit the designated secret, privileged or confidential data separately from other data submitted under this chapter, provided that the secret, privileged or confidential data qualifies to be withheld as a nonpublic record in accordance with provisions and regulations of Chapter 100 of Title 29.
7 Del. C. § 7802 — Delaware Code / Title 7 / Chapter 78 / Section 7802
§ Â
        7802. Findings and purpose.
Status: in_force

(a) The General Assembly finds that:

(1) Whenever possible, the generation of waste should be reduced or eliminated as expeditiously as possible, and that waste that is generated should be recovered, reused, recycled, treated or disposed of in a manner that minimizes any present or future threats to human health or the environment;

(2) There may exist many promising technologies for the reduced generation of waste, for recovery, reuse, recycling and treatment of waste; and

(3) Financial commitments by public agencies and private industry for the expeditious development and implementation of waste reduction, recovery, reuse, recycling and treatment technologies depends upon further research as well as credible and timely demonstrations of economic viability, technical feasibility, environmental acceptability and reliability of this technology.

(b) Therefore the General Assembly declares:

(1) The purposes of this chapter are to enhance the protection of human health and the environment, and to establish a multi-media Pollution Prevention Program which will demonstrate and facilitate the potential for pollution prevention and waste minimization in Delaware through focusing on the following objectives:

a. Targeting industries and locations for technical assistance; and

b. Providing pollution prevention, education and outreach; and

(2) That it is the policy of this State, in concurrence with the Delaware Environmental Legacy Report, that waste that is generated should be, in order of priority, reduced at its source, recovered, reused, recycled, treated or disposed of so as to minimize the present and future threat to human health and the environment.

(c) It is the intent of this chapter to complement and be enforced in conjunction with other laws.
7 Del. C. § 2301 — Delaware Code / Title 7 / Chapter 23 / Section 2301
§ Â
        2301. Minimum size.
Status: in_force

It shall be unlawful for any person to take from any waters within the jurisdiction of the State or have in his or her possession at any time any hard-shell blue crab measuring less than 5 inches from tip to tip, nor any soft-shell blue crab measuring less than 31/2 inches from tip to tip, nor any peeler blue crab measuring less than 3 inches from tip to tip. The minimum size of hard-shell blue crabs shall not apply to mature female blue crabs that are identified by having a rounded or u-shaped apron. The apron is the abdomen which is the rear portion of the blue crab that is folded underneath the body. Any commercial measure of blue crabs shall not contain more than 5% crabs that are less than the respective minimum size.
7 Del. C. § 6082 — Delaware Code / Title 7 / Chapter 60 / Subchapter VI / Section 6082
§ Â
        6082. Adoption of source water assessment, wellhead protection, and excellent ground-water recharge potential areas by counties and municipalities.
Status: in_force

(a) By December 31, 2004, the Department shall develop a guidance manual, in conjunction with and with the substantial concurrence of the Source Water Protection Citizens Technical Advisory Committee, for desirable land uses within source water assessment areas that promote the long-term protection of public drinking water supplies, consistent with “Shaping Delaware’s Future: Managing Growth in 21st Century Delaware, Strategies for State Policies and Spending” (December 1999).

(b) The counties and municipalities with populations of 2,000 persons or more, with the assistance of the Department, shall adopt as part of the update and implementation of the 2007 Comprehensive Land Use Plans, the overlay maps delineating, as critical areas, source water assessment, wellhead protection and excellent ground-water recharge potential areas. Furthermore, the counties and municipalities shall adopt, by December 31, 2007, regulations governing the use of land within those critical areas designed to protect those critical areas from activities and substances that may harm water quality and subtract from overall water quantity.

(c) Municipalities with populations of less than 2,000 persons, with the assistance of the Department, may adopt by ordinance the overlay maps delineating, as critical areas, source water assessment, wellhead protection, and excellent ground-water recharge potential areas. Furthermore, the ordinance shall include regulations governing the use of land within those critical areas designed to protect those critical areas from activities and substances that may harm water quality and subtract from overall water quantity. Counties and municipalities of more than 2,000 persons that have previously adopted ordinances that include the Department’s overlay maps and regulations that protect public water supplies and are consistent with minimum standards identified in the guidance manual shall be exempt from the provisions of this subsection.

(d) The Department shall make source water assessment areas available to the public as they are completed, with all systems to be completed by 2003.

(e) The Department may, when based on sound science and factual information, revise and update the overlay maps of source water assessment areas.

(f) Counties and municipalities with populations of 2,000 persons or more shall update their overlay maps in accordance with changes made by the Department with respect to source water assessment, wellhead protection and excellent ground-water recharge potential areas.

(g) Municipalities with populations of less than 2,000 persons may update their overlay maps in accordance with changes made by the Department with respect to source water assessment, wellhead protection, and excellent ground-water recharge potential areas.
7 Del. C. § 7125 — Delaware Code / Title 7 / Chapter 71 / Subchapter II / Section 7125
§ Â
        7125. Exemptions.
Status: in_force

(a) All farm vehicles are exempted from this chapter while engaged in farming operations.

(b) Sirens operated to summon volunteer firefighters to alarms and sirens used to summon ambulance crews to service calls are exempted from this chapter.
7 Del. C. § 2904 — Delaware Code / Title 7 / Chapter 29 / Section 2904
§ Â
        2904. Death, incapacity and disability.
Status: in_force

(a) In the event of the death of a permit or license holder covered by this chapter any permit or license of the decedent may be transferred as follows:

(1) The decedent may by will or other written document designate the recipient of any permit or license, provided however, that if the recipient is not eligible to receive the permit or license under the provisions of § 2903 of this title, the recipient shall have 2 years from the date of death of the permit or license holder to transfer the permit or license to an eligible person, otherwise the permit or license shall be relinquished.

(2) If the decedent has not designated the recipient of the permit or license as provided in paragraph (a)(1) of this section above, the executor or personal representative of the estate of the decedent shall be entitled to transfer any permit or license to an eligible person within 2 years of the date of death of the permit or license holder, otherwise the permit or license shall be relinquished.

(3) The provisions of this subsection (a) shall apply to any permit or license holder who died on or after January 1, 2010.

(b) In the event of the mental incapacity of a permit or license holder, the guardian, attorney-in-fact, or other person authorized to act on behalf of the incapacitated license or permit holder, shall be entitled to transfer any permit or license to an eligible person within 2 years of the date the guardian, attorney-in-fact, or other person authorized to act on behalf of the incapacitated license or permit holder is entitled to act on behalf of the incapacitated permit or license holder, otherwise the permit or license shall be relinquished.

(c) In the event of the physical disability of a permit or license holder, the permit or license holder with the disability shall be entitled to assign any permit or license to an eligible person in accordance with § 2902 of this title.

(d) Any person authorized to act on behalf of any permit or license holder pursuant to subsections (a) and (b) of this section shall be entitled to assign the permit or license in accordance with § 2902 of this title to an eligible person prior to the time of transfer or relinquishment of the permit or license.
7 Del. C. § 6134 — Delaware Code / Title 7 / Chapter 61 / Section 6134
§ Â
        6134. Joint exploration.
Status: in_force

For the purpose of properly conserving the natural resources of any single oil, gas or other mineral, pool or field lessees under this chapter and their representatives may unite with each other jointly or separately, or jointly or separately with others owning or operating lands not belonging to the State, in collectively adopting and operating under a cooperative or unit plan of development or operation of the pool or field, whenever it is determined by the Secretary to be necessary or advisable in the public interest. The Secretary may, with the consent of the holders of the leases involved, establish, alter, change and revoke any drilling and production requirements of such leases, and make such regulations with reference to such leases, with like consent on the part of the lessees, in connection with the institution and operation of any such cooperative or unit plan, as the Secretary deems necessary or proper to secure the proper protection of the interests of the State.
7 Del. C. § 7503 — Delaware Code / Title 7 / Chapter 75 / Section 7503
§ Â
        7503. Purpose.
Status: in_force

(a) State agencies may permanently protect land for the following purposes, to carry out and expand on the intent of the Open Space Program:

(1) To protect and conserve all forms of natural and cultural resources.

(2) To protect and conserve the biological diversity of plants and animals and their habitat.

(3) To protect or expand existing or planned parks, forests, wildlife areas, nature preserves or other recreation, conservation, or cultural sites.

(4) To preserve sites of special natural, cultural, or geological interest.

(5) To connect existing open spaces into a cohesive system of greenways and resource areas.

(6) To provide for public outdoor recreation.

(7) To allow for water resource conservation.

(b) State agencies may permanently protect land pursuant to this chapter by the use of direct acquisition for cash, by purchase money mortgage, by installment sale, or by other methods or incentives as determined by the Secretary after consultation with the Secretary of Finance. State agencies shall not exercise the “right of eminent domain” or adopt regulations to restrict or otherwise control the development of land that is privately held and that may be eligible for permanent protection under this chapter to carry out the purposes of this chapter. Participation in the Open Space Program and all transactions to permanently protect land under this chapter shall be voluntary.
7 Del. C. § 711 — Delaware Code / Title 7 / Chapter 7 / Subchapter I / Section 711
§ Â
        711. Hunting with automatic-loading gun prohibited; penalty.
Status: in_force

(a) No person shall hunt for game birds or game animals in this State, except as authorized by state-sanctioned federal depredation/conservation orders for selected waterfowl species, with or by means of any automatic-loading or hand-operated repeating shotgun capable of holding more than 3 shells, the magazine of which has not been cut off or plugged with a filler incapable of removal through the loading end thereof, so as to reduce the capacity of said gun to not more than 3 shells at 1 time, in the magazine and chamber combined.

(b) Whoever violates this section shall be guilty of a class C environmental violation.

(c) Having in one’s possession, while in the act of hunting game birds or game animals, a gun that will hold more than 3 shells at 1 time in the magazine and chamber combined, except as authorized in subsection (a) of this section, shall be prima facie evidence of violation of this section.
7 Del. C. § 2405 — Delaware Code / Title 7 / Chapter 24 / Section 2405
§ Â
        2405. Commercial dredge clam license â Area permitted; method of taking under commercial dredge clam license.
Status: in_force

(a) It shall be unlawful to dredge for hard clams with a commercial dredge clam license on leased shellfish grounds, except that a person may dredge hard clams from his or her own leased shellfish grounds as long as those grounds are not within Delaware’s Inland Bays.

(b) It shall be unlawful to dredge hard clams in any waters designated as contaminated by the Department.

(c) It shall be unlawful for any person to use any hydraulic dredge or mechanical device which employs a vacuum or suction method for the taking or catching or harvesting of clams from any of the waters under the jurisdiction of this State without the prior written consent of the Department.
7 Del. C. § 796 — Delaware Code / Title 7 / Chapter 7 / Subchapter VI / Section 796
§ Â
        796. Limitations on harvesting gray fox.
Status: in_force

(a) It shall be unlawful to harvest gray fox except as otherwise provided in this chapter and directed gray fox harvest seasons shall not be established.

(b) Notwithstanding subsection (a) of this section, the collateral take of gray fox shall not be unlawful south of the Chesapeake and Delaware Canal during red fox harvest seasons that are established by the Department through regulation promulgated pursuant to the Administrative Procedures Act, Chapter 101 of Title 29,

(c) The Department may at its discretion require tagging and reporting requirements through regulation promulgated pursuant to the Administrative Procedures Act, Chapter 101 of Title 29.

(d) Notwithstanding any other provision of this title, the Department may issue a permit to a private landowner authorizing the landowner to manage gray foxes on his or her property, provided there is a wildlife management plan for the property, the wildlife management plan has been approved by the Department, and a reduction in the number of foxes was recommended by such plan. The permit shall specify the time during which, the means and methods by which, and the person or persons by whom the gray foxes may be killed or captured. The Department shall not charge a fee for the issuance of a permit under this section.

(e) Nothing in this chapter shall be construed to prevent the killing of a gray fox by the owner of poultry if such fox is in the act of attacking such poultry. Such person may kill such foxes within a reasonable time after the pursuit, killing, or carrying away of the poultry.

(f) Notwithstanding anything to the contrary contained in this chapter, it shall be lawful to possess, buy, and sell the hides of gray foxes which are legally taken in Delaware or in another state.
7 Del. C. § 7101 — Delaware Code / Title 7 / Chapter 71 / Subchapter I / Section 7101
§ Â
        7101. Declaration of purpose.
Status: in_force

(a) The General Assembly finds and determines that the people of this State are entitled to and should be ensured an environment free from noise which unnecessarily degrades the quality of their life; that the levels of noise often reach such a degree as to endanger the health, safety and welfare, jeopardize the value of property and erode the integrity of the environment of the people of this State.

(b) The General Assembly also finds that a substantial body of science and technology exists by which noise may be substantially abated; and that the dangers of excessive noise can be abated by the adoption and enforcement of noise standards embodied in regulations based upon these scientific and technological findings.

(c) The General Assembly also finds that the problem of combating noise involves a high degree of cooperation on the part of various state agencies and departments; this chapter makes specific provisions for such inter-agency cooperation.
7 Del. C. § 3705 — Delaware Code / Title 7 / Chapter 37 / Section 3705
§ Â
        3705. Receipt and disbursement of funds.
Status: in_force

(a) The University may receive on behalf of this State all grants of money or other aid made available from any source to assist the State in carrying out the policy and purposes of this chapter. All such money or other aid together with any moneys appropriated or other provisions made by this State for such purpose, shall be forthwith available to the University as the agency of the State subject, in the case of any conditioned funds or other aid, to the conditions upon which such funds or other aid has been received, for the purpose of administering this chapter and may be expended by the University in carrying out only such state plans or in otherwise effectuating the purposes and policies of this chapter.

(b) Subject to any conditions upon which any such money or other aid is made available to the State and to the terms of any applicable plan made effective pursuant to this chapter, such expenditures may include, but need not be limited to, expenditures for administrative expenses; equipment, cost of research and investigation, cost of educational activities; compensation and expenses of members of the State Advisory Board; reimbursement to other state agencies or to voluntary committees or associations of agricultural producers for costs to such agencies; committees or associations of assistance in the administration of this chapter requested in writing by the University and rendered to the University; reimbursement of any other fund from which it has made expenditures in providing services in the administration of this chapter; payments to agricultural producers provided for in any plan made effective pursuant to this chapter; salaries of employees; and all other expenditures requisite to carrying out this chapter.

(c) The University shall provide for the keeping of full and accurate accounts as such state agency, separate from its accounts kept in its other capacities, showing all receipts and expenditures of moneys, securities or other property received, held or expended under this chapter and shall provide for the auditing of all such accounts and for the execution of surety bonds for all employees entrusted with moneys or securities under this chapter.
7 Del. C. § 795 — Delaware Code / Title 7 / Chapter 7 / Subchapter VI / Section 795
§ Â
        795. Prohibition of sale or transportation of live skunks or raccoons.
Status: in_force

No live skunks or raccoons shall be sold or possessed in this State or transported into this State for any purpose without a permit from the Division.
7 Del. C. § 605 — Delaware Code / Title 7 / Chapter 6 / Section 605
§ Â
        605. Penalty.
Status: in_force

Whoever violates this chapter shall be guilty of a class A environmental misdemeanor for each offense.
7 Del. C. § 6034 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6034
§ Â
        6034. Sewage system cleansers and additives.
Status: in_force

(a) No person shall distribute, sell, offer or expose for sale in this State any sewage system cleanser or additive containing any restricted chemical materials in excess of 1 part per hundred by weight. The penalty for an initial violation of this subsection shall be a formal written warning by the Secretary for the first offense; and for any subsequent violation a fine of $500 shall be imposed.

(b) No person shall use, introduce or apply, or cause any other person to use, introduce or apply in any sewage system, surface waters or groundwaters in this State any sewage system cleanser or additive containing any restricted chemical material or any combination thereof, in excess of 1 part per hundred. The penalty for violating this subsection shall be a fine of $100 for the first offense and $1,000 for each subsequent offense.

(c) No person shall serve water, or a product containing water, to the public from a well ordered closed due to the presence of restricted chemical materials. The penalty for each such violation shall be a fine of not less than $1,000 nor more than $10,000. Any subsequent violation of this subsection by a violator shall result in the closing of the facility until a new and safe source of water is found and is operative in the facility.

(d) The Courts of the Justices of the Peace shall have jurisdiction over offenses under this section.

(e) The Secretary, with assistance from the Division of Public Health, shall:

(1) Conduct a public education program by utilizing mass-media instruments within 90 days of July 17, 1984;

(2) Thereafter, conduct random spot checks in appropriate business concerns to insure that no restricted chemical materials are on sale; and

(3) Take appropriate enforcement action for violations of the sale or use of restricted chemical materials as provided in subsections (a) and (b) of this section.
7 Del. C. § 1910 — Delaware Code / Title 7 / Chapter 19 / Section 1910
§ Â
        1910. Monthly report; failure to submit.
Status: in_force

Except in the case of shellfish aquaculture in Delaware’s Inland Bays, any person issued a commercial shellfishing license or permit by the Department shall file monthly reports of his or her catch by area, effort, species, and weight or number on forms provided by the Department. A commercial shellfishing license or permit holder who does not file said monthly report by 4:30 p.m. of the last working day of the month following the month for which the report is due shall be guilty of a class D environmental violation.
7 Del. C. § 6511 — Delaware Code / Title 7 / Chapter 65 / Subchapter II / Section 6511
§ Â
        6511. Compact; actions by Governor.
Status: in_force

The Governor may act to effectuate the Compact and the initial organization and operation of the Commission thereunder.
7 Del. C. § 4516 — Delaware Code / Title 7 / Chapter 45 / Section 4516
§ Â
        4516. Public money expended for roads.
Status: in_force

No public money shall be expended under this chapter on any roads leading to or through any public lands of this State with privately owned lands abutting thereon unless and until the owners of the abutting lands have reached or entered into an agreement with the Department as to whether or not a contribution toward the cost of such roads shall be made by said owner of such lands.
7 Del. C. § 503 — Delaware Code / Title 7 / Chapter 5 / Subchapter I / Section 503
§ Â
        503. Application for residentâs license; proof of residence; use of license information.
Status: in_force

(a) Each applicant for a resident’s license shall present reasonable proof to the Department or its duly authorized agent that the applicant is a bona fide resident of this State. The Social Security number of the applicant shall be included on the application for any resident’s license. The information contained within hunting, fishing, and trapping licenses and related databases may not be made available to the public. Government agencies may use license information for law-enforcement purposes involving fish and wildlife investigations, for research purposes involving hunting, trapping, or fishing harvest surveys conducted by Department scientists, excluding Social Security information, or as otherwise authorized by law.

(b) The Department may use or provide a contractor with license information, excluding Social Security information, for the following limited purposes:

(1) Retaining or recruiting hunters, trappers, and anglers.

(2) Sustaining and increasing associated license sales.

(c) Any contractor selected by the Department pursuant to subsection (b) of this section shall be subject to a confidentiality agreement that prevents the contractor from releasing, transferring, or using license information for any other purposes.
7 Del. C. § 1905 — Delaware Code / Title 7 / Chapter 19 / Section 1905
§ Â
        1905. Leases.
Status: in_force

(a) Authorized lease of shellfish grounds. — The Department is hereby authorized to lease, in the name of the State, tracts or parcels of shellfish grounds to be used for protecting, planting and harvesting shellfish beneath the waters of this State, subject to the provisions, limitations and restrictions set forth herein.

(b) Shellfish grounds not leasable. — No lease, other than a scientific lease, shall be granted for any of the following shellfish grounds of this State, nor shall any person acquire by lease, assignment, appropriation or otherwise any of the following shellfish grounds:

(1) Except in the case of shellfish aquaculture in Delaware’s Inland Bays, shellfish grounds within 1,000 feet of the natural shoreline (mean high water) of any waters under the jurisdiction of the State;

(2) Natural oyster beds;

(3) Any leasing of shellfish aquaculture grounds in Delaware’s Inland Bays shall be governed by a separate chapter.

(c) Scientific use of shellfish grounds. — The Secretary is hereby authorized to issue a permit in the name of the State to educational and/or scientific institutions for tracts or parcels of shellfish grounds to be used for scientific and/or management purposes determined by the Secretary to be in the best interests of shellfisheries management. Such permit shall contain at least the following information and criteria: Seasonal dates, seasonal harvest, size limits and the reason for the issuance of the permit. The cost of processing shall be paid by the applicant.
7 Del. C. § 4131 — Delaware Code / Title 7 / Chapter 41 / Subchapter III / Section 4131
§ Â
        4131. Notice of hearing on establishment of tax ditch.
Status: in_force

Upon completion of the proposed report required by § 4130 of this title, the board of ditch commissioners shall notify all owners of property, wholly or partly within the watershed of the proposed tax ditch, of a hearing concerning the establishment of said tax ditch to be held in the county in which all or the major portion of the lands involved is located. The notice shall be mailed by 1st-class mail at least 20 days prior to the hearing and shall designate the time and place thereof. It shall also state that the purpose of the hearing is to consider the formation of a tax ditch which may affect the lands of the person notified and to hold a referendum among the affected landowners concerning the establishment of a tax ditch. In addition, the notice shall state the place where a copy of the above proposed report of the board of ditch commissioners will be open to inspection for at least 5 days, excepting Saturday and Sunday, prior to the hearing date.
7 Del. C. § 4117 — Delaware Code / Title 7 / Chapter 41 / Subchapter III / Section 4117
§ Â
        4117. Petition for formation of a tax ditch; assistance of Division of Watershed Stewardship.
Status: in_force

(a) Whenever 1 or more of the owners of any lands desire their lands to be drained or protected from flooding, or the waters of their lands to be managed they may present a petition for the formation of a tax ditch to the Superior Court of the county in which all or the major portion of the area involved is located, through the board of supervisors of the soil conservation district of the county.

(b) The services of the Division of Watershed Stewardship shall be available to assist the landowners in the preparation of such petitions.
7 Del. C. § 2705 — Delaware Code / Title 7 / Chapter 27 / Section 2705
§ Â
        2705. Penalties.
Status: in_force

(a) Any person who is convicted 2 times in the same calendar year for violations of this chapter or any regulation promulgated by the Department pursuant thereto shall be subject to the following provisions:

(1) If the person holds a valid permit at the time of the second conviction, said permit shall be revoked by the Department. Persons whose permits are revoked shall not be eligible to reapply for a permit under this chapter until 5 years after the date of revocation.

(2) If said person does not hold a valid permit at the time of the second conviction, such person shall not be eligible to apply for any permit outlined in this chapter for a period of 5 years after the second conviction.

(b) Any person convicted of a violation of any provision of this chapter or any regulation promulgated by the Department pursuant thereto, shall be guilty of a class B environmental misdemeanor. Each individual horseshoe crab taken in violation of any provision of this chapter or regulation promulgated by the Department pursuant thereto shall constitute a separate violation.

(c) The Justice of the Peace Court shall have jurisdiction over violations of this chapter.

(d) The Department shall not renew any permit to collect or dredge horseshoe crabs until the applicant has reported his or her harvest of the previous calendar year’s total number of horseshoe crabs to the Department on forms provided by the Department.
7 Del. C. § 939 — Delaware Code / Title 7 / Chapter 9 / Section 939
§ Â
        939. Fishing seasons; exception.
Status: in_force

(a) Notwithstanding § 938 of this title, it shall be unlawful for any person to possess or retain more than 3 tautog (Tautoga onitis) during the period beginning at 12:01 a.m. on April 1 through and including midnight on June 30 next ensuing except that an individual who free dives without the aid of an underwater mechanical breathing device may take by spear and possess not more than 10 tautog per day during this period.

Notwithstanding § 929(b)(7) of this title, it shall be unlawful to possess any tautog during the period beginning at 12:01 a.m. on April 1 through and including midnight on June 30, next ensuing, which measures less than 15 inches long in total length.

(b) Each tautog taken and retained in violation of the provisions in subsection (a) of this section shall constitute a separate violation.
7 Del. C. § 4315 — Delaware Code / Title 7 / Chapter 43 / Subchapter III / Section 4315
§ Â
        4315. Duties of the Division of Watershed Stewardship upon receipt of petition.
Status: in_force

The board of supervisors of the county soil conservation district, upon receipt of a petition for the formation of a tax lagoon, shall determine whether the petition is in the form set forth in § 4312 of this title and has been properly executed. If the petition is in the prescribed form and has been properly executed, the board shall immediately notify the Division of Watershed Stewardship and by virtue of such action shall have made available to it the services of the Department of Natural Resources and Environmental Control to assist it with the investigation concerning the possible formation of the tax lagoon.
7 Del. C. § 736 — Delaware Code / Title 7 / Chapter 7 / Subchapter II / Section 736
§ Â
        736. State game refuges; wildlife refuges.
Status: in_force

(a) All state lands, except as otherwise provided, and state, county and municipal parks in Delaware shall be state game refuges and no person shall hunt upon said lands and parks or kill or injure any game therein at any time of the year.

(b) Any person may shoot and kill during the open season for same, wild duck, wild geese, brant and snipe on all state lands bordering on the Delaware Bay, Atlantic Ocean, Indian River and Assawoman Bay.

(c) Notwithstanding this section, all wildlife refuges created under this title shall be under the jurisdiction of the Department and subject to all the rules and regulations thereof including rules and regulations covering the right to hunt and fish therein.
7 Del. C. § 7404 — Delaware Code / Title 7 / Chapter 74 / Subchapter I / Section 7404
§ Â
        7404. Exemptions.
Status: in_force

The following classes of tanks are exempt from this chapter with the exception of the application of §§ 7406 and 7409 of this title:

(1) Agricultural and residential tanks of 1,100 gallons or less used for storing motor fuel for noncommercial purposes; and

(2) Tanks containing heating fuels of 1,100 gallons or less which are used for consumptive purposes on the premises where stored.
7 Del. C. § 7715 — Delaware Code / Title 7 / Chapter 77 / Section 7715
§ Â
        7715. Hearings.
Status: in_force

Any public hearing held by the Secretary pursuant to this chapter shall be held in accordance with § 6006 of this title, as well as any additional notice and hearing requirements the Secretary has adopted by regulation.
7 Del. C. § 4354 — Delaware Code / Title 7 / Chapter 43 / Subchapter IV / Section 4354
§ Â
        4354. Failure of lagoon officer to perform duties; remedy; removal.
Status: in_force

If any officer of a tax lagoon fails to perform the duties imposed on such officer by this chapter, any taxable may petition the Superior Court from which the lagoon order was issued and request an order directing said officer to carry out the duties of such office, and upon failure to comply with the order within the time stated therein, the taxable may further petition the Superior Court for the removal of the officer.
7 Del. C. § 4204 — Delaware Code / Title 7 / Chapter 42 / Section 4204
§ Â
        4204. Construction of dams.
Status: in_force

(a) No owner shall begin the construction of any dam to which this chapter applies without written approval from the Department. Owners intending to construct any dam to which this chapter applies shall file with the Department a preliminary application which shall include a dam break analysis, the dam height, the maximum impounding capacity, purpose, location and determination of hazard class, and other information required by the Department. If on the basis of this information it is the opinion of the Department that the proposed dam is exempt from the provisions of this chapter, it shall notify the owner that no approval from the Department is required. If on the basis of the submitted information it is the opinion of the Department that the proposed dam is not exempt, the Department shall notify the owner that construction shall not be commenced until a full application has been filed by the owner and such application approved in accordance with §§ 4206 and 4209 of this title. The Department shall require emergency action plans and operation and maintenance plans for high or significant hazard potential dams, and may also require of owners so notified the filing of any additional information it deems necessary, including, but not limited to, streamflow and rainfall data, maps, plans, and specifications. Every owner applying for approval of a dam subject to the provisions of this chapter shall also file with the Department a Certificate from a qualified professional engineer, licensed in the State. The Certificate should state that the engineer is qualified and responsible for the design of the dam; that the design is safe and adequate; and that the engineer shall be responsible for construction quality assurance to certify that the construction has been completed in accordance with the approved plans.

(b) The Department shall send a copy of each completed application to the Delaware Emergency Management Agency and other state, federal and local agencies it considers appropriate for review and comment.

(c) Upon receipt of a full application in proper form, the Secretary shall give notice in the form of an advertisement in a newspaper of general circulation in the county in which the activity is proposed and in a daily newspaper of general circulation throughout the State:

(1) The fact that the application has been received;

(2) A brief description of the nature of the application;

(3) The place at which a copy of the application may be inspected; and

(4) Procedures to request a public hearing.

The Secretary shall hold a public hearing on an application, if the Secretary receives a request from any party whose interests are substantially affected by the proposed application, as determined by the Secretary, if such request is received within 21 calendar days of the public notice. Such notice shall also be sent by mail to any person who has requested such notification from the Department and provides a name and address.
7 Del. C. § 937 — Delaware Code / Title 7 / Chapter 9 / Section 937
§ Â
        937. Suspension or refusal to issue commercial finfishing license.
Status: in_force

If a commercial fisher during a 1-year period has committed 3 or more violations of any provision of this chapter or any regulation promulgated by the Department or permit issued by the Division and is convicted of said violations, the Department, upon the recommendation of the Council, may suspend or refuse to issue a commercial food fishing license to said fisher.
7 Del. C. § 6038 — Delaware Code / Title 7 / Chapter 60 / Subchapter II / Section 6038
§ Â
        6038. Borrow pits.
Status: in_force

(a) The Secretary shall develop, implement and enforce, and may amend, modify and repeal, after notice and public hearing, a program to protect the waters of the State from adverse environmental impacts relating to the operation of borrow pits. In addition to any other authority which the Secretary may exercise for the purpose under this chapter or other chapters of the Delaware Code, the Secretary may:

(1) Require borrow pit owners/operators to obtain operating permits from the Department of Natural Resources and Environmental Control;

(2) Require reclamation of abandoned pits by owners/operators;

(3) Require borrow pit owners/operators to secure the borrow pit premises from illegal dumping, disposal of wastes or vandalism; and

(4) Adopt, amend, modify or repeal rules or regulations to effectuate this section.

(b) Fees may be collected or charged for permits to be issued under this section in an amount determined by the issuing authority, which fee shall not exceed the sum of $80 per disturbed acre, per year, per project.

(c) The Secretary may delegate all or part of the program to any county having rules or regulations governing borrow pits which, upon a finding by the Secretary, are at least equivalent to state requirements.
7 Del. C. § 4015 — Delaware Code / Title 7 / Chapter 40 / Section 4015
§ Â
        4015. Penalties.
Status: in_force

(a) Any person who violates any rule, regulation, order, condition imposed in an approved plan or other provision of this chapter shall be fined not less than $200 or more than $2,000 for each offense. Each day that the violation continues shall constitute a separate offense. The Justice of the Peace Courts shall have jurisdiction of offenses brought under this subsection.

(b) Any person who intentionally, knowingly, and after written notice to comply, violates or refuses to comply with any notice issued pursuant to § 4012 of this title shall be fined not less than $500 or more than $10,000 for each offense. Each day the violation continues shall constitute a separate offense. The Superior Court shall have jurisdiction of offenses brought under this subsection.
7 Del. C. § 1302 — Delaware Code / Title 7 / Chapter 13 / Section 1302
§ Â
        1302. Arrest of violators without warrant by freeholder, leaseholder or employee.
Status: in_force

Any freeholder or leaseholder or member of his or her family or any person in his or her employ may arrest, without warrant, any person who, upon the freehold or leasehold, commits any violation of this part.
7 Del. C. § 4108 — Delaware Code / Title 7 / Chapter 41 / Subchapter II / Section 4108
§ Â
        4108. Chairperson; quorum; voting.
Status: in_force

A chairperson of each board of ditch commissioners shall be designated by the members thereof and such designation may be changed from time to time. A majority of the ditch commissioners of each board shall constitute a quorum and the concurrence of a majority in any matter within their duties shall be required for its determination.
7 Del. C. § 6803 — Delaware Code / Title 7 / Chapter 68 / Section 6803
§ Â
        6803. Authority to enhance, preserve and protect beaches.
Status: in_force

(a) Authority to enhance, preserve, and protect public and private beaches within the State is vested solely in the Department, except as pertains to archaeological resources on beaches, which are regulated by the Department of State, Division of Historical and Cultural Affairs pursuant to Chapter 53 of this title.

(b) The Department shall prevent and repair damages from erosion of public beaches. To this end, the Department shall, when it deems necessary, provide, construct, reconstruct and maintain groins, jetties, banks, dikes, dunes, bulkheads, seawalls, breakwaters and other facilities or make any other repairs or take any other measures along or upon any public beach or shoreline area in this State. All structures, devices and facilities existing now or in the future which are devoted to the enhancement, preservation and protection of beaches shall be under the sole jurisdiction, management and control of the Department.

(c) The Secretary of the Department shall promulgate rules and regulations to effectuate the purposes of this chapter.

(d) Any person or persons, jointly or severally, or any taxpayer, or any officer, department, board or bureau of the State, aggrieved by any decision of the Secretary, may appeal as provided by law to the Superior Court in and for the county in which the activity in question is wholly or principally located by filing a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Any such appeal shall be on the record and shall be perfected within 30 days of the receipt of the decision of the Secretary.

(e) The Court may affirm, reverse or modify the Secretary’s decision. The Secretary’s findings of fact shall not be set aside unless the Court determines that the record contains no substantial evidence that would reasonably support the findings. If the Court finds that additional evidence should be taken, the Court may remand the case to the Secretary for completion of the record.
7 Del. C. § 6109 — Delaware Code / Title 7 / Chapter 61 / Section 6109
§ Â
        6109. Maximum area.
Status: in_force

The maximum area which shall be included in any single lease to any person shall be 6 square miles or 3,840 acres.
7 Del. C. § 4357 — Delaware Code / Title 7 / Chapter 43 / Subchapter IV / Section 4357
§ Â
        4357. Limitation on borrowing power of tax lagoon.
Status: in_force

A tax lagoon may borrow money pursuant to this chapter with the consent of a majority of the votes cast at a meeting duly called under § 4348 of this title. No tax lagoon shall borrow money in excess of 90 percent of the total assessment base established by the lagoon order.
7 Del. C. § 2702 — Delaware Code / Title 7 / Chapter 27 / Section 2702
§ Â
        2702. Scientific collecting permit.
Status: in_force

The Department may issue a scientific collecting permit to a person to permit the collecting of horseshoe crabs solely for scientific, medical or educational purposes. There shall be no fee for this collecting permit. The person shall apply to the Department for a collecting permit on an application provided by the Department, and shall present in writing the specific purpose for which the horseshoe crab will be used and shall present credible evidence that the disposition of the horseshoe crabs collected shall be for scientific, medical or educational purposes. Where possible only males shall be collected. Also, those collected for above purposes shall be returned to the original habitat when feasible.
7 Del. C. § 934 — Delaware Code / Title 7 / Chapter 9 / Section 934
§ Â
        934. Seizure and forfeiture of finfish.
Status: in_force

(a) Any authorized employee of the Department who has probable cause to believe that there is a violation of this chapter or any regulation promulgated by the Department or permit issued by the Division may seize the following items under the following conditions: Any finfish located, found, retained, taken and/or caught in violation of this chapter or any regulation promulgated by the Department or permit issued by the Division.

(b) Any authorized employee of the Department who has seized finfish pursuant to this section shall comply with the provisions of § 935 of this title.

(c) Any authorized employee of the Department who has seized any finfish pursuant to this section may seek to have the finfish forfeited. If the fair market value of the seized finfish exceeds $100, then the Superior Court shall have jurisdiction over the alleged violation, and any forfeiture of the finfish shall be in accordance with the appropriate rules of procedure of the Superior Court and § 935 of this title. If the fair market value of the seized finfish is $100 or less, then the Justice of the Peace Courts shall have jurisdiction over the alleged violation, and any forfeiture of the finfish shall be in accordance with the appropriate rules of procedure of the Justice of the Peace Courts.
7 Del. C. § 919 — Delaware Code / Title 7 / Chapter 9 / Section 919
§ Â
        919. Menhaden fishing; penalties.
Status: repealed

(a) It shall be unlawful for any person to fish, use, employ or attempt to fish, use or employ any purse seine to take or attempt to take menhaden in the tidal waters of this State.

(b)-(h) [Repealed.]

(i) Whoever violates this section shall be guilty of a Class A environmental misdemeanor.
7 Del. C. § 4386 — Delaware Code / Title 7 / Chapter 43 / Subchapter VI / Section 4386
§ Â
        4386. Lagoons near highways.
Status: in_force

The Department of Transportation shall maintain the highway drainage system insofar as is possible in such manner as to prevent silt from such system from obstructing any part of a tax lagoon. If silt enters from the highway system and obstructs a tax lagoon, the Department of Transportation shall remove the same within a reasonable time after being given notice of such obstruction by the lagoon managers.
7 Del. C. § 5903 — Delaware Code / Title 7 / Chapter 59 / Section 5903
§ Â
        5903. Limitation on duty of owner.
Status: in_force

Except as specifically recognized by or provided in § 5906 of this title, an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes, or to give any warning of a dangerous condition, use, structure or activity on such premises to persons entering for such purposes. The limitation of duty of the owner granted by this section applies whether such persons entered upon the land of the owner with or without consent of the owner.
7 Del. C. § 6707 — Delaware Code / Title 7 / Chapter 67 / Section 6707
§ Â
        6707. Formulation of rules and regulations.
Status: in_force

All codes, rules and regulations shall be formulated and promulgated in the manner provided in Chapter 60 of this title.
7 Del. C. § 2306 — Delaware Code / Title 7 / Chapter 23 / Section 2306
§ Â
        2306. Marking of commercial crab pots, trotlines, and vessels; penalties.
Status: in_force

(a) The buoys of all crab pots and trotlines placed for commercial purposes shall be colored a specific color combination as assigned to each commercial crab pot and trotline licensee. The crabbing vessel specified on the license shall display the same color code assigned to the licensee on a panel measuring at least 2 feet by 2 feet. Said panel must be fully visible from either side of the vessel.

(b) It shall be unlawful for any person to lift any commercial crab pot or trotline from a vessel other than the 1 corresponding with the color code on that crab pot or trotline buoy. Any commercial crab pot or trotline which is not marked as specified in this section may be confiscated by the Department. Any person guilty of taking crabs from a commercial crab pot or trotline from a vessel other than the 1 corresponding with the color code of that pot or trotline buoy shall be guilty of a class C environmental violation.
7 Del. C. § 2507 — Delaware Code / Title 7 / Chapter 25 / Section 2507
§ Â
        2507. Seasons; limits.
Status: in_force

The Department will establish by regulation the seasons for the taking of lobsters and will determine the number of lobster pots which may be set by any 1 licensee. If, in its discretion, the Department determines from biological evidence that emergency restrictions are necessary to protect lobsters or other shellfish resources of the State, it may do so with advance notice as it deems necessary.
7 Del. C. § 920 — Delaware Code / Title 7 / Chapter 9 / Section 920
§ Â
        920. Marking requirement for fishing equipment; exception for minnow traps; removal of stakes, anchors and lines.
Status: in_force

(a) No person shall fish with any fixed net in the tidal waters of this State unless said net, pot or trap is marked in accordance with the following criteria:

(1) In the Delaware River and Bay, Atlantic Ocean out to 3 nautical miles, Indian River and Bay, Rehoboth Bay, and Little and Big Assawoman Bays, during the period beginning at 12:01 a.m., April 1 of each year, and ending at 12:00 p.m., November 30 of each year all fixed fishing equipment shall be marked on each end with a minimum marking of a red or international orange flag that measures at least 12 inches x 12 inches on a staff 4 feet, measured from the surface of the water to the bottom of the flag. In addition to the red or international orange flags, there shall be attached to each net between each red or international orange flag white floats visible on the surface of the water at all times that shall measure at least 4 inches in diameter, and 1 such white float shall be located at least 20 feet inside of each required red or international orange flag. During the period beginning at 12:01 a.m., December 1 of each year, and ending at 12:00 p.m., March 31 in the ensuing year, in the Delaware River and Bay, Atlantic Ocean out of 3 nautical miles, Indian River and Bay, Rehoboth Bay, and Little and Big Assawoman Bays, red or international orange floats at least 8 inches in diameter may be substituted for the required end flags on fixed nets. In the tributaries to the Delaware River and Bay, Indian River and Bay, Rehoboth Bay, Little and Big Assawoman Bays and the Chesapeake Bay, a red or international orange float that measures at least 8 inches in diameter or a red or international orange flag that measures at least 12 inches x 12 inches on a staff 4 feet, measured from the surface of the water to the bottom of the flag, is required at any time.

(2) In the internal waters of this State, if more than 1 net is set in a series with fixed rigging, said series of nets and associated rigging shall not exceed 500 yards and shall be required to be marked on each end with the required red or international orange flag and white floats as described in paragraph (a)(1) of this section.

(3) In the internal waters of this State all drifting fishing nets shall be marked on each end with a minimum marking of either a red or international orange float that measures at least 8 inches in diameter or by a red or international orange flag that measures at least 12 inches by 12 inches on a staff at least 3 feet, measured from the surface of the water to the bottom of the flag.

(4) In the territorial sea, all nets or series of nets shall be marked in accordance with this subsection.

(5) For the purpose of measuring the length of any net, the top line or float line attached to the net shall be the measurement.

(6) No less than 24 square inches of any reflective material shall be attached and maintained to each red or international orange float or flag staff that is used to mark said nets in all tidal waters of the State.

(7) All fish pots and/or traps shall be marked with white floats that shall be at least 8 inches in diameter.

(8) This subsection shall not apply to minnow traps.

(9) All the flags, floats and reflective material referred to in this subsection shall be maintained in a visible manner at all times during their use in the tidal waters of this State.

(b) No person shall intentionally leave any stake, anchor, line or float in any tidal water for a period of time longer than 14 days after said person or other cause has removed fishing equipment from said stake, anchor, line or float.
7 Del. C. § 6214 — Delaware Code / Title 7 / Chapter 62 / Section 6214
§ Â
        6214. Appeal from Board.
Status: in_force

(a) Any person or persons, jointly or severally, aggrieved by any decision of the Board, may appeal to the Superior Court in and for the county in which the incident in question wholly or principally occurred by filing a petition, duly verified, setting forth the grounds of the appeal. Any such appeal shall be perfected within 30 days of the receipt of the written decision of the Board.

(b) The Court may affirm, reverse or modify the Board’s decision. The Board’s findings of fact shall not be set aside unless the Court determines that the record contains no substantial evidence that would reasonably support the findings. If the Court finds that additional evidence should be taken, the Court may remand the case to the Board for completion of the record.
7 Del. C. § 4010 — Delaware Code / Title 7 / Chapter 40 / Section 4010
§ Â
        4010. State and federal projects.
Status: in_force

After July 1, 1991, a state or federal agency may not undertake any land clearing, soil movement, or construction activity unless the agency has submitted a sediment and stormwater management plan to the Department and received its approval. The only variation to this requirement shall be when delegation of the plan approval process has been granted by the Department to a specific state or federal agency.
7 Del. C. § 9204 — Delaware Code / Title 7 / Chapter 92 / Section 9204
§ Â
        9204. Enforcement [Effective upon promulgation of regulations by the Secretary pursuant to Ââ9203(c) of this title].
Status: in_force

The Secretary may issue an order or file a civil action in Superior Court pursuant to § 6005 of this title against any person who fails to comply with any provision of this chapter. The Secretary may also bring an action in the Court of Chancery to enjoin the transfer of an establishment by a person who fails to comply with § 9202 of this title or to compel the establishment to provide financial assurance pursuant to § 9206 of this title.
7 Del. C. § 7203 — Delaware Code / Title 7 / Chapter 72 / Section 7203
§ Â
        7203. Jurisdiction.
Status: in_force

(a) The Secretary shall have jurisdiction over any project involving ungranted subaqueous lands owned by the State, and shall have jurisdiction and authority to convey a fee simple of lesser interest or to grant an easement with respect to all projects involving these lands. All jurisdiction and authority remaining in the State as to subaqueous lands for which leases have been made or may be made is invested in the Secretary.

(b) Owners of private subaqueous lands must obtain a permit from the Department before making any use of such lands which may contribute to the pollution of public waters, infringe upon the rights of the public, infringe upon the rights of other private owners or make connection with public subaqueous lands.
7 Del. C. § 7124 — Delaware Code / Title 7 / Chapter 71 / Subchapter II / Section 7124
§ Â
        7124. Other ordinances or remedies.
Status: in_force

(a) No existing civil or criminal remedy now or hereafter available to any person shall be superseded by this chapter or any rule or regulation promulgated pursuant thereto.

(b) No ordinances or resolutions of any governing body of a municipality or county or board of health which establish specific standards for the level or duration of community noise equivalent to or more stringent than those provided by this chapter or any rule or regulation promulgated pursuant thereto shall be superseded. Nothing in this chapter or in any rule or regulation promulgated pursuant thereto shall preclude the right of any governing body of a municipality or the Department of Health and Social Services to adopt ordinances, resolutions or regulations which establish specific standards for the level or duration of community noise equivalent to or more stringent than this chapter or any rule or regulation promulgated pursuant thereto.
7 Del. C. § 7405 — Delaware Code / Title 7 / Chapter 74 / Subchapter I / Section 7405
§ Â
        7405. Registration by owner.
Status: in_force

(a) Underground storage tank owners shall register the following on forms provided by the Department:

(1) Within 60 days after July 12, 1985, all new underground storage facilities used for storing regulated substances, at least 10 days prior to installation. Notice shall specify the date of installation, location, type of construction, size of tanks to be installed and the type of substance to be stored.

(2) All existing underground storage facilities, used for storing regulated substances, within 180 days of July 12, 1985; provided, however, that existing heating fuel tanks of greater than 1,100 gallon capacity shall be registered within 180 days of July 20, 1988. Notice shall specify, to the extent known, the location, size, type of construction and age of tanks, and the type of substance stored.

(3) All abandoned or nonoperational underground storage tanks taken out of service after January 1, 1974. All underground storage tanks covered by this paragraph must be registered within 9 months of July 12, 1985 (unless the owner knows the tank was subsequently removed from the ground); provided, however, that abandoned or nonoperational heating fuel tanks of greater than 1,100 gallons capacity shall be registered within 180 days of July 20, 1988. Notice shall specify, to the extent known, the date taken out of operation, the location, size, type of construction and age of tank, and type of substance stored, and quantity of regulated substances left stored in such tank on the date taken out of operation.

(b) Within 30 days of July 12, 1985, the Department shall prescribe the form of the notice and the information to be included in the notification under paragraphs (a)(2) and (3) of this section.
7 Del. C. § 7206 — Delaware Code / Title 7 / Chapter 72 / Section 7206
§ Â
        7206. Easements and transfers of title.
Status: in_force

(a) Pursuant to this chapter, the Secretary shall have exclusive jurisdiction and authority over all projects to convey a fee simple or lesser interest or to grant easements with respect to subaqueous lands belonging to the State. All jurisdiction and authority to convey a fee simple or lesser interest or to grant easements over subaqueous lands as to which grants have been made or may be made is vested in the Secretary. All leases for shellfish grounds shall be made pursuant to Chapter 19 of this title.

(b) All members of the General Assembly shall be given 2 weeks’ notice of intent to convey any interest in subaqueous lands.
7 Del. C. § 7415A — Delaware Code / Title 7 / Chapter 74A / Section 7415A
§ Â
        7415A. Required signage.
Status: in_force

Every aboveground storage tank shall have prominently posted thereupon the contents of the tank and the hazards, if any, associated with the contents. If the tank is empty the signage shall so state. For the purposes of this section “prominently posted” and the requirements for labeling shall be specified in the regulations promulgated pursuant to this chapter.
7 Del. C. § 6458 — Delaware Code / Title 7 / Chapter 64 / Subchapter II / Section 6458
§ Â
        6458. Marketing of recyclable materials.
Status: in_force

The Authority shall be entitled to obtain, develop, create and promote state, national and international markets for usable materials recovered from recycling and resources recovery activities. The Authority shall seek to obtain the best available pricing for recovered materials, with due consideration to other pertinent factors, under short or long term arrangements as deemed appropriate by the Authority. The Authority shall be entitled to offer incentives to develop markets for recovered materials.
7 Del. C. § 7301 — Delaware Code / Title 7 / Chapter 73 / Section 7301
§ Â
        7301. Statement of policy.
Status: in_force

(a) Because of the continuing growth of the population and the development of the economy of the State, it is necessary and desirable that areas of unusual natural significance be set aside and preserved for the benefit of present and future generations before they have been destroyed, for once destroyed they cannot be wholly restored. Such areas are irreplaceable as laboratories for scientific research, as reservoirs of natural materials — not all of the uses of which are now known, as habitats for plant and animal species and biotic communities whose diversity enriches the meaning and enjoyment of human life, as living museums where people may observe natural biotic and environmental systems of the earth and the interdependence of all forms of life, and as reminders of the vital dependence of the health of the human community upon the health of the natural communities of which it is an inseparable part.

(b) It is essential to the people of the State that they retain the opportunities to maintain close contact with such living communities and environmental systems of the earth and to benefit from the scientific, educational, esthetic, recreational and cultural values they possess. It is therefore the public policy of the State that a registry of such areas be established and maintained by the Department of Natural Resources and Environmental Control, that such areas be acquired and preserved by the State, and that other agencies, organizations and individuals, both public and private, be encouraged to set aside such areas for the common benefit of the people of present and future generations.
7 Del. C. § 4732 — Delaware Code / Title 7 / Chapter 47 / Subchapter II / Section 4732
§ Â
        4732. Definitions.
Status: in_force

When used in this subchapter:

(1) “Board” means the Board of Directors of the Fort DuPont Redevelopment and Preservation Corporation.

(2) “Corporation” means the Fort DuPont Redevelopment and Preservation Corporation to be established pursuant to § 4733 of this title.

(3) “Department” means the Department of Natural Resources and Environmental Control.

(4) “Fort DuPont Complex” or “Fort DuPont” means such real property, as well as such facilities, personal property, buildings, and fixtures located thereon, owned by the State along the Delaware River bounded by the Chesapeake and Delaware Canal on the south, and a branch canal, currently separating it from Delaware City, on the north, which includes the Fort DuPont State Park, the Governor Bacon Health Center, and surrounding lands, formerly tax parcel numbers 1202300020, 1202300021, 1203000001, and 1203000002.

(5) “Redevelopment plan” means the draft master plan for the redevelopment of the Fort DuPont complex dated October 2013, as may be amended from time to time by the Board, which is intended to guide the redevelopment of the Fort DuPont Complex.
7 Del. C. § 2808 — Delaware Code / Title 7 / Chapter 28 / Section 2808
§ Â
        2808. Conch pot attendance; abandonment; confiscation; forfeiture.
Status: in_force

(a) It shall be unlawful for any person who places, uses or sets a conch pot in the tidal waters of this State to fail to tend and remove conchs from said conch pot at least once every 72 hours.

(b) Failure to tend and remove conchs from a conch pot in the tidal waters of this State at least 72 hours after said pot is tagged by the Department shall constitute abandonment of said conch pot.

(c) Any employee of the Department authorized to enforce this chapter shall be authorized to seize and confiscate any conch pot which has been determined to have been abandoned pursuant to subsection (b) of this section.

(d) Upon a determination that a conch pot has been abandoned and seized by the Department, ownership in said conch pot shall be forfeited to the Department.

(e) Notwithstanding the provisions set forth in subsections (a), (b) and (c) of this section, any employee of the Department authorized to enforce this chapter shall be authorized to seize any conch pot which fails to be placed, used or set in compliance with the provisions of this chapter.

(f) Title to a conch pot seized by the Department and not claimed by the lawful owner after proper notification from the Department within 90 days of said notification shall be forfeited to the Department.
7 Del. C. § 6081 — Delaware Code / Title 7 / Chapter 60 / Subchapter VI / Section 6081
§ Â
        6081. Reporting on source water protection.
Status: in_force

(a) The Secretary shall prepare, periodically, a report to the Governor and General Assembly, beginning in 2003, of the potential threats, including contaminants currently not regulated, to public drinking water systems. The report shall identify actions that the Secretary proposes to control these threats.

(b) The Secretary shall periodically prepare a report to the respective counties and municipalities, beginning in 2003, that denotes the availability of source water assessments completed by the Department. The Secretary shall also report on the status of the Ground-Water Recharge Potential Mapping Project.
7 Del. C. § 5407 — Delaware Code / Title 7 / Chapter 54 / Section 5407
§ Â
        5407. Consultation, analysis, and disposition.
Status: in_force

(a) The Director shall notify the Committee of all skeletal remains determined to be Native American within 5 days of learning of the discovery of human burials or skeletal remains pursuant to § 5404 of this title. The Director shall provide the Committee with a written plan for the proposed treatment and ultimate disposition of the skeletal remains within 60 days of making the notification.

(b) For all non-Native American burials or skeletal remains, the director shall begin forming the Committee within 5 days of learning of the discovery pursuant to § 5404 of this title. The Director shall publish notice of all discoveries of human skeletal remains other than Native American on the Division’s website, and at least once per week for 2 successive weeks in a newspaper of general circulation in the county where the burials or skeletal remains were situated, in an effort to determine the identity or lineal descendants or both of the deceased. Lineal descendants shall have 30 days after the last published notice to notify the Director of their ancestry or proven kinship to the skeletal remains. Within 60 days of the end of the notification period the Director shall convene the Committee to develop a written plan for treatment and disposition of human skeletal remains. Treatment and ultimate disposition of the skeletal remains shall be subject to the written permission of the lineal descendants or shall be determined by the Director if no lineal descendant is identified.

(c) All skeletal analysis conducted pursuant to this chapter shall be undertaken only by a skeletal analyst.

(d) Any previously excavated skeletal remains of Native Americans of the State which are on display or remain uncovered as of June 5, 1987, shall be reinterred within 1 year. Treatment and disposition of all Native American remains discovered after enactment shall be determined by the Committee or, if direct descent can be determined, by a lineal descendant. In any event, Native American skeletal remains discovered after enactment shall be reinterred within 90 days unless an extension or other disposition is granted by the Committee.

(e) All reasonable efforts shall be made to maintain burials and skeletal remains in situ if that is the consensus of the Committee. Any person which is responsible, either directly or indirectly, for the unearthing of human remains deemed to be under the jurisdiction of the Division of Historical and Cultural Affairs shall be responsible for the cost of research to determine the identity, delineation of the burial ground, excavation, and reinternment, and providing a suitable marker for those remains.
7 Del. C. § 7305 — Delaware Code / Title 7 / Chapter 73 / Section 7305
§ Â
        7305. Delaware Natural Areas Advisory Council.
Status: in_force

(a) There is hereby created a Delaware Natural Areas Advisory Council to advise the Secretary of the Department on the administration of nature preserves and the preservation of natural areas.

(b) The Council shall have 8 members. The Secretary of the Department of Natural Resources and Environmental Control shall be an ex officio member of the Council, with a voice in its deliberations, but without the power to vote. The other members, appointed by the Governor of the State, with the advice and consent of the Senate, shall be persons who have been active or have demonstrated an interest in preserving natural areas, and shall include members of public and private educational organizations, conservation organizations, industry leaders active in environmental matters, sport hunting organizations, and sport fishing organizations and shall not include more than 4 persons who belong to the same political party. Council members shall serve for a period of 4 years, except that members initially appointed to the Council shall serve as follows: Two members shall serve for 1 year; 2 members shall serve for 2 years; 2 members shall serve for 3 years; and, 2 persons shall serve for 4 years.

(c) The Department shall furnish clerical, technical, legal and other services required by the Council in the performance of its official duties.

(d) Members of the Council shall receive no compensation but may be reimbursed for their actual and necessary expenses incurred in the performance of their official duties. The Council shall hold at least 1 regular meeting in each quarter of each calendar year and shall keep a record of its proceedings, which shall be open to the public for inspection.

(e) The Council shall:

(1) Review and make recommendations on the Department’s criteria for acquisition and dedication of nature preserves;

(2) Review and make recommendations regarding inventories and registries of natural areas and nature preserves;

(3) Review and make recommendations on departmental plans for the selection of particular natural areas for state acquisition;

(4) Advise the Secretary on policies, rules and regulations governing the management, protection and use of nature preserves;

(5) Recommend the extent and type of visitation and use to be permitted within each nature preserve;

(6) Advise and consult with the Secretary and departmental employees on preservation matters;

(7) Advise and consult regarding any change from dedicated status of a nature preserve;

(8) Within 10 days of receiving plans from the Department for the selection of particular natural areas for state acquisition, issue written notice to adjacent landowners that such areas are being considered for state acquisition.
7 Del. C. § 6141 — Delaware Code / Title 7 / Chapter 61 / Section 6141
§ Â
        6141. Existing rights.
Status: in_force

This chapter shall not change the law of this State relating to existing property, riparian or other rights of this State or other persons in submerged, tideland or filled lands.
7 Del. C. § 515 — Delaware Code / Title 7 / Chapter 5 / Subchapter I / Section 515
§ Â
        515. Possession of protected game or fish by unlicensed nonresident; penalty.
Status: in_force

(a) No nonresident or alien shall have any protected game or wildlife in his or her possession who does not hold a hunting, trapping or fishing license, for game and fish, respectively, for the time during which he or she has protected game or wildlife in his or her possession unless such game or wildlife has been lawfully killed or caught out of the State and may be lawfully possessed in this State.

(b) Whoever violates this section shall be guilty of a class B environmental misdemeanor for each offense.

(c) Nothing in this section shall apply:

(1) To a nonresident or alien who is a bona fide freeholder or a bona fide leaseholder and actually resides on a farm in this State containing at least 20 acres of land and is engaged in the science of husbandry on said farm; or

(2) To the lawful interstate transportation of protected wildlife.
7 Del. C. § 7005 — Delaware Code / Title 7 / Chapter 70 / Section 7005
§ Â
        7005. Administration of this chapter.
Status: in_force

(a) The Department of Natural Resources and Environmental Control shall administer this chapter. All requests for conversion permits under § 7014 of this title for a heavy industry use site seeking an alternative or additional heavy industry use or for a bulk product transfer facility, and all requests for permits for manufacturing land uses and for the expansion or extension of nonconforming uses under § 7004 of this title in the coastal zone shall be directed to the Secretary of the Department of Natural Resources and Environmental Control. Such requests must be in writing and must include:

(1) a. Evidence of approval by the appropriate county or municipal zoning authorities;

b. A detailed description of the proposed construction and operation of the use; and

c. An environmental impact statement.

(2) The Secretary of the Department of Natural Resources and Environmental Control shall hold a public hearing and may request further information of the applicant. The Secretary of the Department of Natural Resources and Environmental Control shall first determine whether the proposed use is, according to this chapter and regulations issued pursuant thereto:

a. A heavy industry use or bulk product transfer facility prohibited under § 7003 of this title;

b. A use allowable only by permit under § 7004 of this title;

c. A use requiring no action under this chapter; or

d. A heavy industry use or bulk product transfer facility allowable by conversion permit under § 7014 of this title.

The Secretary of the Department of Natural Resources and Environmental Control shall then, if he or she determines that § 7004 or § 7014 of this title applies, reply to the request for a permit within 90 days of receipt of an administratively complete permit, either granting the request, denying same, or granting the request but requiring modifications; the Secretary shall state the reasons for his or her decision.

(b) The Secretary of the Department of Natural Resources and Environmental Control may issue regulations including, but not limited to, regulations governing disposition of permit requests, and setting forth procedures for hearings before himself or herself and the Board. Provided, that all such regulations shall be subject to approval by the Board.

(c) The Secretary of the Department of Natural Resources and Environmental Control shall develop and propose a comprehensive plan and guidelines for the State Coastal Zone Industrial Control Board concerning types of manufacturing uses deemed acceptable in the coastal zone and regulations for the further elaboration of the definition of “heavy industry” and for further elaboration of conversion permits under § 7014 of this title in a manner consistent with the purposes and provisions of this chapter. Such plan and guidelines shall become binding regulations upon adoption by the Board after public hearing. The Board may alter said regulations at any time after a public hearing. Provided, that any such regulations shall be consistent with §§ 7003, 7004, and 7014 of this title.

(d) The Department of Natural Resources and Environmental Control and all agencies of state government shall assist the State Coastal Zone Industrial Control Board in developing policies and procedures, and shall provide the Board with such information as it shall require.

(e) The Secretary shall annually prepare a schedule of fees for permits issued pursuant to this section and submit the same as part of the Department's annual operating budget proposal.
7 Del. C. § 4370 — Delaware Code / Title 7 / Chapter 43 / Subchapter V / Section 4370
§ Â
        4370. Limitation on liability of landowner for taxes.
Status: in_force

No landowner shall be liable in any manner for any taxes levied by the tax lagoon against the lands of another owner.
7 Del. C. § 7907 — Delaware Code / Title 7 / Chapter 79 / Subchapter II / Section 7907
§ Â
        7907. Definitions.
Status: in_force

As used in this subchapter:

(1) “Activity and use limitations” means restrictions or obligations with respect to real property created under this subchapter.

(2) “Common interest community” means a condominium or other real property with respect to which a person, by virtue of the person’s ownership of a parcel of real property, is obligated to pay for property taxes, insurance premiums, maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community.

(3) “Department” means the Department of Natural Resources and Environmental Control (DNREC).

(4) “Environmental covenant” means a servitude arising under an environmental response project that imposes activity and use limitations.

(5) “Environmental response project” means a plan or work performed for environmental remediation of real property, conducted:

a. Under a federal or state program governing environmental remediation of real property, including Chapter 91 of this title, Delaware Hazardous Substance Cleanup Act (HSCA), Chapter 74 of this title, the Delaware Underground Storage Tank Act, and Chapter 74A of this title, the Jeffrey Davis Aboveground Storage Tank Act;

b. Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of the Department; or

c. Under a state voluntary cleanup program authorized in Chapters 60, 63, 74, 74A and 91 of this title.

(6) “Holder” means a person that is the grantee of an environmental covenant.

(7) “Owner” means a person that owns a fee simple interest in real property that is subject to an environmental covenant.

(8) “Person” means any individual, trust, firm, joint stock company, federal agency, partnership, corporation (including a government corporation or authority), limited liability company, association, state, municipality, commission, political subdivision of a state or any interstate body.

(9) “Record,” when used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(10) “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control or the Secretary’s duly authorized designee.

(11) “State” means the State of Delaware, in the United States.
7 Del. C. § 6139 — Delaware Code / Title 7 / Chapter 61 / Section 6139
§ Â
        6139. Federal approval.
Status: in_force

All leases and permits granted pursuant to this chapter shall be subject to prior approval by the Department of Defense of the United States and shall be subject to any restriction or limitation imposed by the Department of Defense.
7 Del. C. § 6106 — Delaware Code / Title 7 / Chapter 61 / Section 6106
§ Â
        6106. Unlawful disclosure of information; penalties; jurisdiction of offenses.
Status: in_force

(a) The Secretary, or any person performing any function or work assigned to him or her by the Secretary, shall not disclose to any person who is not an employee of the Secretary or to any person who is not performing any function or work assigned to him or her by the Secretary, any information obtained from the inspection of such factual or physical exploration results, logs or records, or to use such information for purposes other than the administration of the functions, responsibilities and duties vested in the Secretary by law, except upon the written consent of the permittee or lessee making such information available to the Secretary.

(b) Whoever violates this section shall be fined not less than $25 nor more than $100, or imprisoned for not more than 30 days, or both.

(c) The Superior Court shall have jurisdiction of offenses under this section.
7 Del. C. § 5405 — Delaware Code / Title 7 / Chapter 54 / Section 5405
§ Â
        5405. Jurisdiction over remains.
Status: in_force

(a) Subsequent to notification of the discovery of an unmarked human burial or human skeletal remains, the Medical Examiner shall certify in writing to the Director, as soon as possible, whether the remains come under the Medical Examiner’s jurisdiction.

(b) If the Medical Examiner determines that the remains come under the Medical Examiner’s jurisdiction, the Medical Examiner will immediately proceed with an investigation pursuant to Chapter 47 of Title 29.

(c) All those remains determined to be not within the jurisdiction of the Medical Examiner shall be within the jurisdiction of the Director.
7 Del. C. § 802 — Delaware Code / Title 7 / Chapter 7 / Subchapter VIII / Section 802
§ Â
        802. Non-native wildlife injurious to native wildlife, agriculture, and other interests.
Status: in_force

The Department may issue an appropriate order authorizing and specifying the times and means for an agency, organization, business, industry, person, or group of persons to take, harvest, or capture any species of non-native wildlife that is or has the potential to become, as determined by the Department upon appropriate evaluation or investigation, seriously injurious to native wildlife or their habitat or to agriculture, domestic animals, property, or human health or safety.
7 Del. C. § 4334 — Delaware Code / Title 7 / Chapter 43 / Subchapter III / Section 4334
§ Â
        4334. Employment of private engineer by landowners.
Status: in_force

If the board of supervisors of the county soil conservation district in which all or the major portion of the area involved is located determines that the formation of a tax lagoon is practicable and feasible and is in the interest of the public health, safety and welfare, the interested landowner or owners may at any time thereafter employ at their expense engineering personnel of their selection to assist the Division of Watershed Stewardship.
7 Del. C. § 6120 — Delaware Code / Title 7 / Chapter 61 / Section 6120
§ Â
        6120. Extension of lease where permits required.
Status: in_force

If the lessee, as disclosed by information submitted with his or her bid, proposes to drill 1 or more wells from filled lands, whether contiguous or noncontiguous to the littoral lands or uplands, or from any pier or from platforms or other fixed or floating structures to be constructed for such purpose, and if permission from any federal or state agency is legally required in order to construct any such filled lands or structures, the lessee shall be allowed a reasonable time following the execution of the lease within which to secure the necessary permission from such federal and state agencies as shall be legally required, and, upon the securing of such permission, a further reasonable time, determined with regard to the nature of the filled lands or structure or structures to be constructed, within which to commence operations for the drilling of such well or wells, and if necessary, the drilling term provided for in § 6121 of this title shall be extended by the Secretary to the date to which the time to commence operations for the drilling of such well or wells has been extended.
7 Del. C. § 6138 — Delaware Code / Title 7 / Chapter 61 / Section 6138
§ Â
        6138. Rules, regulations, orders.
Status: in_force

In addition to and not in lieu of any other powers granted under this chapter, the Secretary may promulgate reasonable rules, regulations and orders necessary to regulate geological, geophysical and seismic surveys on, and operations to remove oil, gas, sulphur and other minerals from the tide and submerged lands of this State under this chapter.
7 Del. C. § 1810 — Delaware Code / Title 7 / Chapter 18 / Section 1810
§ Â
        1810. Temporary limits [Effective until fulfillment of requirements in the introductory paragraph of this section].
Status: in_force

The following limits prescribed by the Atlantic States Marine Fisheries Commission for eel on August 20, 2013, shall be in effect until the Department adopts regulations pursuant to the authority granted in § 1809 of this title.

(1) Minimum mesh size for eel pots shall not be less than ½ inch by ½ inch.

(2) It shall be unlawful for any person to possess any eel that measures less than 9 inches in total length.

(3) “Commercial eel fishing gear” shall include the following items:

a. A fyke net or hoop net of a diameter not exceeding 30 inches when more than 1 such net is being fished by a person;

b. Eel pots when more than 2 such pots are being fished by a person;

c. Any seine net with a mesh size of less than 1 inch and greater than 100 feet in total length; and

d. A minnow trap when more than 2 such traps are being fished by any person.

(4) “Noncommercial eel fishing gear” shall include the following items:

a. A fyke net or hoop net of a diameter not exceeding 30 inches when only 1 is in use by a person;

b. Eel pots when 2 or less pots are being fished by a person;

c. A seine net less than or equal to 100 feet in length;

d. A cast net;

e. A lift net or umbrella net less than or equal to 5 feet in diameter;

f. A dip net less than or equal to 3 feet in diameter;

g. Spear, arrow or gigs;

h. A minnow trap when less than 2 are being fished by a person;

i. Hooks and lines when an individual places, sets or tends 3 or less separate lines with any 1 line having no more than 3 hooks attached (double and treble hooks counted as 1 hook).

(5) It shall be unlawful for any person to possess more than 25 eels, unless said person has been issued a valid commercial eel license or has in that person’s possession a valid receipt for said eels from another person who is authorized to catch or take eels for commercial purposes.
7 Del. C. § 933 — Delaware Code / Title 7 / Chapter 9 / Section 933
§ Â
        933. Search of persons, boats, vessels and commercial facilities.
Status: in_force

Any authorized employee of the Department, after determining there is probable cause that there has been a violation of this chapter or any regulation promulgated by the Department or any permit issued by the Division, may do the following without obtaining a warrant beforehand:

(1) Search, examine and/or inspect any person and/or any person’s vehicle, vessel and/or any container or other receptacle in and/or on any vehicle or vessel that is under the control or possession of said person for the purpose of determining said person’s compliance with this chapter or any regulation promulgated by the Department or permit issued by the Division pertaining to the size, limits, sale, purchase and possession of finfish and/or the method of taking finfish;

(2) Detain any person and/or person’s vehicle or vessel for a reasonable length of time to conduct any search, examination and/or inspection thereof, as described in paragraph (1) of this section; and

(3) Inspect, search and/or examine any commercial facility in the business of selling and/or storing finfish in the presence of any occupant of said facility to determine compliance with this chapter and any regulation promulgated by the Department or permit issued by the Division.
7 Del. C. § 930 — Delaware Code / Title 7 / Chapter 9 / Section 930
§ Â
        930. Striped bass spawning areas.
Status: in_force

(a) For purposes of this chapter or any regulation promulgated by the Department or permit issued by the Division, striped bass spawning areas in the State shall mean the Nanticoke River and its tributaries and the Chesapeake and Delaware Canal.

(b) The Department may promulgate regulations pertaining to spawning area restrictions.
7 Del. C. § 767 — Delaware Code / Title 7 / Chapter 7 / Subchapter IV / Section 767
§ Â
        767. Rabbit or hare hunting with ferret.
Status: in_force

No person shall hunt, take, kill or destroy any rabbit or hare with a ferret, or have a ferret in possession while hunting.
7 Del. C. § 6117 — Delaware Code / Title 7 / Chapter 61 / Section 6117
§ Â
        6117. Slant and adjacent drilling.
Status: in_force

Unless otherwise determined by the Secretary, each well drilled pursuant to the terms of the lease may be drilled or slant drilled to and into the subsurface of the tide or submerged lands covered by the lease from upland or littoral drill sites owned or controlled by the State or owned by or available to the lessee, or from drill sites located upon any lands filled before or after July 1, 1966, whether contiguous or noncontiguous to the littoral lands or uplands, or from any pier constructed before or after July 1, 1966, owned by or available to the lessee and available for such purpose, or from platforms or other fixed or floating fixtures in, on or over the submerged lands covered by the lease, or otherwise available to the lessee.
7 Del. C. § 9102 — Delaware Code / Title 7 / Chapter 91 / Subchapter I / Section 9102
§ Â
        9102. Declaration of purpose; applicability.
Status: in_force

(a) The General Assembly recognizes that large quantities of hazardous substances are and have been generated, transported, treated, and stored within the State. The General Assembly also recognizes that some hazardous substances have been stored or disposed of at facilities in the State in a manner insufficient to protect public health or welfare or the environment. The General Assembly finds that the release of a hazardous substance constitutes an imminent threat to public health or welfare or the environment of the State. The General Assembly intends by the passage of this chapter to exercise the powers of the State to require prompt containment and removal of such hazardous substances, to eliminate or minimize the risk to public health or welfare or the environment, and to provide a fund for the cleanup of the facilities affected by the release of hazardous substances.

(b) The General Assembly finds that private parties should be provided with encouragement to exercise their responsibility to clean up the facilities for which they are responsible, but that if they refuse to do so, then the State should conduct the cleanup and recover the costs thereof from the private parties.

(c) The General Assembly recognizes the need to remedy contaminated facilities and to promote opportunities and provide incentives to encourage the remedy of such facilities to yield economic revitalization and redevelopment within the State.

(d) The General Assembly finds that in order to effectuate the purposes of this chapter to remedy contamination resulting from past acts and to address more equitably the issue of who should bear the costs of remediation, § 9105 of this title shall apply to all responsible parties without regard to the date of enactment of this chapter or any amendments thereto.
7 Del. C. § 705 — Delaware Code / Title 7 / Chapter 7 / Subchapter I / Section 705
§ Â
        705. Visiting traps within 24-hour periods; killing of trapped animals.
Status: in_force

(a) No person who sets or makes use of any trap, except for muskrats, shall permit more than 24 hours to elapse between visits to such trap.

(b) Notwithstanding § 704(d) of this title, a .22 caliber rimfire pistol may be used to kill animals lawfully confined or restrained by a trap or snare.
7 Del. C. § 3901 — Delaware Code / Title 7 / Chapter 39 / Subchapter I / Section 3901
§ Â
        3901. Declaration of policy.
Status: in_force

It is the policy of the State to provide for the preservation of the productive power of Delaware land and the optimum development and use of certain surface water resources of the State by furthering the conservation, protection, development and utilization of land and water resources, including the impoundment, and disposal of water and by preventing and controlling floodwater and sediment damages, and thereby to preserve natural resources and promote their beneficial use, control floods, prevent impairment of dams and reservoirs, assist in maintaining the navigability of rivers and harbors, preserve wildlife, provide recreation development, protect the tax base, protect public lands and highways, and protect and promote the health, safety and general welfare of the people of this State.
7 Del. C. § 7123 — Delaware Code / Title 7 / Chapter 71 / Subchapter II / Section 7123
§ Â
        7123. Liberal interpretation.
Status: in_force

The powers, duties and functions vested in any state department under this chapter shall not be construed to limit in any manner the powers, duties and functions vested therein or in any person under any other provision of law, or any civil or criminal remedies now or hereafter available to any person related to community noise control.
7 Del. C. § 902 — Delaware Code / Title 7 / Chapter 9 / Section 902
§ Â
        902. Application of chapter.
Status: in_force

This chapter and any regulations promulgated pursuant to this chapter shall apply to fishing for, and the taking of, finfish, in the tidal waters of the State, except for eels, which is provided for under Chapter 18 of this title. This chapter and any regulations promulgated pursuant to this chapter shall not apply to cultured aquatic stock in transit to, or in or removed from, registered aquaculture facilities pursuant to Chapter 4 of Title 3.
7 Del. C. § 6410 — Delaware Code / Title 7 / Chapter 64 / Subchapter I / Section 6410
§ Â
        6410. Securities investments.
Status: in_force

Notwithstanding the fact that the bonds may be payable from a special fund, if they are otherwise of such form and character as to be negotiable instruments under the terms of the Uniform Commercial Code, the bonds shall be and are hereby made negotiable instruments and securities within the meaning of and for all the purposes of the Uniform Commercial Code. All banks, bankers, trust companies, savings banks, building and loan associations, saving and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business and all administrators, executors, guardians, trustees and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations may properly and legally invest any funds, including capital, belonging to them or within their control; and said obligations are hereby made securities which may properly and legally be deposited with and shall be received by the Authority for any purpose for which the deposit of bonds or other obligations is now or may hereafter be authorized.
7 Del. C. § 2015 — Delaware Code / Title 7 / Chapter 20 / Section 2015
§ Â
        2015. Reciprocity for nonresident leases and licenses.
Status: in_force

When by or pursuant to the laws of any other state, should any other state impose any tax, other fee or restrictions on nonresidents for the privilege of commercial shellfish aquaculture or leasing of shellfish aquaculture grounds within its boundaries, which tax or other fee is in the aggregate greater or restriction is greater, to include but limited to the nonavailability of license or leasing for nonresidents, the same taxes, other fees, license requirements and restrictions shall be imposed by the Department upon the residents of the state who seek to apply for a license to lease shellfish aquaculture grounds within the boundaries of the Inland Bays of this State.
7 Del. C. § 6809 — Delaware Code / Title 7 / Chapter 68 / Section 6809
§ Â
        6809. Federal aid; other funds.
Status: in_force

The Department may cooperate with and receive moneys from the federal government or any industry or other source. Such moneys received are hereby appropriated and made available for study and action directed at beach preservation.
7 Del. C. § 4105 — Delaware Code / Title 7 / Chapter 41 / Subchapter I / Section 4105
§ Â
        4105. Limitation of easement or right-of-way.
Status: in_force

(a) Once a tax ditch has been constructed, any right-of-way for the construction and major maintenance of the tax ditch — provided such has been created pursuant to this chapter — and including tax ditches where rights-of-way were previously defined as “adequate” or “sufficient” — unless previously modified by a change to the court order, shall have the maximum extent defined as follows:

(1) Tax ditches with a designed 0′-4′ bottom width — 80′ from top of bank and to include the cross-section of the ditch; or the existing construction right-of-way, whichever is less.

(2) Tax ditches with a designed 4′-10′ bottom width — 120′ from top of bank and to include the cross-section of the ditch; or the existing construction right-of-way whichever is less.

(3) Tax ditches with a designed bottom width greater than 10′ — existing construction and major maintenance right-of-way as filed in the original court order.

(b) No change to the minor maintenance right-of-way is necessary provided such has been otherwise created pursuant to this chapter.

(c) The reference point for all tax ditch rights-of-way that are established or modified as a result of 76 Del. Laws, c. 389 or future actions is the nearest top of ditch bank. The “top of ditch bank” is the point where the side slope of the ditch intersects the existing grade of the adjacent land. For ditch sections that have been piped, the point of references shall be the centerline of the pipe.

(d) An additional deferment of the timeline for the recordation process for certifying rights-of-way as set forth in amendments contained in § 4195(b) of this title and as extended by SCR No. 27 of the 144th General Assembly shall be granted until January 13, 2009.

(e) For purposes of this chapter:

(1) “Construction and major maintenance right-of-way” means the right-of-way created by this chapter for the purpose of construction/reconstruction of the tax ditch, to allow for the piling of debris and to allow spoil to be leveled as part of the construction operations and major maintenance activities including “dipping out” and/or disposal of spoils.

(2) “Minor maintenance right-of-way” means the right-of-way created under this chapter for the purpose of maintenance activities that include but are not limited to inspection, mowing, use of specialized equipment for vegetative management (i.e. herbicide applications), removal of debris and obstructions, pipe repairs and installation of crossings for access.
7 Del. C. § 7311 — Delaware Code / Title 7 / Chapter 73 / Section 7311
§ Â
        7311. Transfer of natural areas.
Status: in_force

All units, departments, agencies and instrumentalities of the State, including (without limitation upon the generality of the foregoing by reason of specification) counties, municipalities, schools, colleges and universities, are empowered and urged to dedicate as nature preserves suitable areas or portions of areas within their jurisdiction.
7 Del. C. § 1312 — Delaware Code / Title 7 / Chapter 13 / Section 1312
§ Â
        1312. Wildlife Theft Prevention Special Fund.
Status: in_force

(a) There is hereby established by this section a Wildlife Theft Prevention Special Fund which shall consist of:

(1) Moneys received from fines imposed for violations of Chapters 1, 5, 6 and 7 of this title;

(2) Moneys received from donations to the Fund;

(3) Moneys appropriated by the General Assembly to the Fund to carry out the purposes provided for in this section.

(b) Funds from the Wildlife Theft Prevention Special Fund shall be expended only for the following purposes:

(1) Financing of rewards to persons other than peace officers, Department of Natural Resources and Environmental Control personnel or members of their immediate families, responsible for information leading to the conviction of any person for unlawfully taking, wounding or carrying, possessing, transporting or selling wildlife or trapping, attempting to trap or illegally setting traps for the purpose of catching wildlife. The Division of Fish and Wildlife shall establish a schedule of rewards for information received and payment shall be made from the funds available for this purpose. The amount of such reward shall not exceed $1,000;

(2) Financing of a statewide telephone reporting system containing the name of Operation Game Theft;

(3) Promotion of public recognition and awareness of the Wildlife Theft Prevention Special Program.

(c) The Wildlife Theft Prevention Special Fund shall be expended in conformity with the laws governing the state financial operations, except that regulations shall be developed by the Department to maintain the confidentiality of the informant’s identity.

(d) For the purpose of implementing paragraph (a)(1) of this section, all moneys received from fines assessed for violation of Chapters 1, 5, 6 and 7 of this title shall be deposited at least monthly with the State Treasurer to be retained by him or her in a Special Fund until expended upon proper vouchers of the Department to carry out the purposes of this section.
7 Del. C. § 6201 — Delaware Code / Title 7 / Chapter 62 / Section 6201
§ Â
        6201. Findings; purpose.
Status: in_force

(a) The General Assembly finds and declares that the highest and best uses of the seacoast of the State are as a source of public and private recreation and solace from the pressures of an industrialized society and as a source of public use and private commerce in fishing, crabbing and gathering other marine life used and useful in food production and other commercial activities.

(b) The General Assembly further finds and declares that the preservation of these uses is a matter of the highest urgency and priority and that such uses can only be served effectively by maintaining the coastal waters, estuaries, tidal flats, beaches and public lands adjoining the seacoast in as close to a pristine condition as possible, taking into account multiple use accommodations necessary to provide the broadest possible promotion of public and private interest with the least possible conflicts in such diverse uses.

(c) The General Assembly further finds and declares that the transfer of oil, petroleum products and their by-products between vessels and vessels and onshore facilities and vessels within the jurisdiction of the State and state waters is a hazardous undertaking; that spills, discharges and escape of oil, petroleum products and their by-products occurring as a result of procedures involved in the transfer and storage of such products pose threats of great danger and damage to the marine, estuarine and adjacent terrestrial environment of the State; to owners and users of shorefront property; to public and private recreation; to citizens of the State and other interests deriving livelihood from marine related activities; and to the beauty of the Delaware coast; that such hazards have frequently occurred in the past, are occurring now and present future threats of potentially catastrophic proportions, all of which are expressly declared to be inimical to the paramount interests of the State as herein set forth and that such state interests outweigh any restrictions or burdens imposed by the General Assembly upon those engaged in transferring oil, petroleum products and their by-products and related activities.

(d) The General Assembly intends by the enactment of this legislation to exercise the police power of the State through the Department of Natural Resources and Environmental Control by conferring upon said Department the exclusive power to deal with the hazards and threats of danger and damage posed by such transfers and related activities; to require the prompt containment and removal of pollution occasioned thereby; to provide procedures whereby persons suffering damage from such occurrences may be promptly made whole; and to guarantee that all persons using the waters of the State for the transportation or transfer of oil, petroleum products and their by-products meet minimum requirements of financial responsibility.

(e) The General Assembly further finds and declares that the preservation of the public uses referred to herein is of grave public interest and concern to the State in promoting its general welfare, preventing disease, promoting health and providing for the public safety, and that the State’s interest in such preservation outweighs any burdens of absolute liability imposed by the General Assembly upon those engaged in transferring oil, petroleum products and their by-products and related activities.
7 Del. C. § 7112 — Delaware Code / Title 7 / Chapter 71 / Subchapter I / Section 7112
§ Â
        7112. Conduct of hearings.
Status: in_force

Any administrative or nonjudicial hearings required by this chapter shall be held before the Secretary of the Department of Natural Resources and Environmental Control or before members of the Department designated by the Secretary. The Secretary, or persons designated by the Secretary to hear the case, shall have the power to subpoena witnesses and compel their attendance, administer oaths and require the production for examination of any books or papers relating to any matter under investigation in any such hearing. The respondent to a complaint made by it, or to it, pursuant to this chapter, shall subpoena and compel the attendance of such witnesses as the respondent may designate and require the production for examination of any books or papers relating to any matter under investigation in any such hearing.
7 Del. C. § 7405A — Delaware Code / Title 7 / Chapter 74A / Section 7405A
§ Â
        7405A. Registration by owner.
Status: in_force

The owner shall register all aboveground storage tanks with the Department on forms provided by the Department. Such registration must specify the date of tank installation, location, type of construction, type of substance to be stored, the size of the tank, the material of construction and the owner and operator’s name, at a minimum. The owner must register on the following schedule:

(1) For a new aboveground storage tank, the form must be received by the Department at least 60 days prior to installation.

(2) For an existing aboveground storage tank, whether or not in service or out of service, the form must be received by the Department within 60 days of July 8, 2002.
7 Del. C. § 2007 — Delaware Code / Title 7 / Chapter 20 / Section 2007
§ Â
        2007. Fees for lease.
Status: in_force

(a) The Department shall charge a 1-time fee of $300 for each shellfish aquaculture lease application received or each request for the transfer of an existing shellfish aquaculture lease. This fee is nonrefundable even if the application is eventually rejected or withdrawn.

(b) The Department shall charge a Delaware resident or Delaware resident partnership or Delaware resident corporation an annual fee of $100/acre for administration of a shellfish aquaculture lease.

(c) The Department shall charge a nonresident of this State or a nonresident partnership or nonresident corporation $1,000/acre annually for administration of a shellfish aquaculture lease.

(d) All revenue generated by the fees in this section shall be deposited in an appropriated special fund account that shall be used to partially offset the expenses of the Department activities pursuant to this chapter.
7 Del. C. § 754 — Delaware Code / Title 7 / Chapter 7 / Subchapter III / Section 754
§ Â
        754. Trespassing on property of another to kill muskrats; violations and penalties.
Status: in_force

(a) Whoever enters into or upon, or trespasses upon the ways, marshes, lands or premises of another within this State, without first obtaining the consent of the owner or lessee thereof, for the purpose of taking, trapping, capturing or killing any muskrat in any manner whatsoever, shall be guilty of a class C environmental violation.

(b) Nothing in this section shall affect the right of the party injured, to that party’s civil action for damages, as in cases of trespass.
7 Del. C. § 4151 — Delaware Code / Title 7 / Chapter 41 / Subchapter IV / Section 4151
§ Â
        4151. Meeting to organize tax ditch; notice.
Status: in_force

(a) The Division of Watershed Stewardship, at its earliest convenience after the ditch order becomes final, shall call a meeting of the taxables for the purpose of organizing the proposed tax ditch, including the election of ditch managers, as called for in the ditch order, and a secretary-treasurer; the formulation of a plan for constructing, financing, administering and maintaining the proposed tax ditch; and for levying taxes to cover the costs of construction and maintenance.

(b) The Division of Watershed Stewardship shall send a notice to every taxable, by first-class mail to that landowner’s address as currently recorded by the board of assessment of the county, at least 10 days prior to that meeting, stating the time, place and object of the meeting.

(c) A notice of the meeting shall be sent to the chairperson of the board of supervisors of the county soil conservation district.
7 Del. C. § 7601 — Delaware Code / Title 7 / Chapter 76 / Section 7601
§ Â
        7601. Title.
Status: in_force

This chapter shall be known, and may be cited as “The Inland Bays’ Watershed Enhancement Act.”
7 Del. C. § 6806 — Delaware Code / Title 7 / Chapter 68 / Section 6806
§ Â
        6806. Cease and desist orders.
Status: in_force

The Secretary of the Department shall have the power to issue a cease and desist order to any person violating this chapter or rule or regulation promulgated pursuant thereto. Any such cease and desist order shall expire (1) after 30 days from the date of its issuance, or (2) upon withdrawal of said order by the Secretary, or (3) when the order is superseded by injunction, whichever occurs first.
7 Del. C. § 501 — Delaware Code / Title 7 / Chapter 5 / Subchapter I / Section 501
§ Â
        501. Licenses.
Status: in_force

(a) Every resident of this State, except as otherwise provided in this chapter, shall obtain a general license before hunting, trapping and/or fishing in this State; and every resident required to obtain a hunting license who was born after January 1, 1967, shall have satisfactorily completed not less than 10 hours of approved instruction, which includes but is not limited to, the safe and proficient use of hunting equipment, hunter responsibility, principles of wildlife management, wildlife identification and a hands-on live firing experience by a trained firearms instructor before such person makes application for a hunting license. Proof of completion of authorized hunter education courses of other states or Canadian provinces shall be accepted and deemed having met the instruction requirement.

(b) Commencing July 1, 1986, every resident, except as otherwise provided, shall obtain a trapping license before trapping any animals regulated by this title. Every resident required to obtain a trapping license who was born after January 1, 1978, shall have satisfactorily completed a course in trapping education approved by the Department before such person makes application for a trapping license.
7 Del. C. § 921 — Delaware Code / Title 7 / Chapter 9 / Section 921
§ Â
        921. Identification requirements for equipment.
Status: in_force

No fisher shall fish with any food fishing equipment in the tidal waters of this State that is permitted under the provisions of § 915 of this title that does not have attached to it a fisher’s food fishing equipment permit number that is assigned by the Department. The permit number shall be attached to all required end red or international orange flags or floats and shall also be attached to all white markers required for fish pots and/or traps. The permit number attached to the aforementioned items shall be maintained so that the permit number is legible and readable at all times during its use. The permit number once attached to the aforementioned items shall be at least 2 inches high, and in block style numerals, and attached in such a manner that it is visible above the surface of the water. Reflective tape may be used to form the license number to be attached to the aforementioned items.
7 Del. C. § 4123 — Delaware Code / Title 7 / Chapter 41 / Subchapter III / Section 4123
§ Â
        4123. Report of investigation by Division of Watershed Stewardship.
Status: in_force

The Division of Watershed Stewardship shall make a formal report of its investigation to the county soil conservation district together with its recommendations.
7 Del. C. § 2504 — Delaware Code / Title 7 / Chapter 25 / Section 2504
§ Â
        2504. Commercial lobster pot license.
Status: in_force

(a) It shall be unlawful for any person to catch or land lobsters for commercial purposes in this State unless said person has applied for, secured from the Department and has in his or her possession a valid commercial lobster pot license. The fee for a resident commercial lobster license shall be $57.50. The fee for a nonresident commercial lobster license shall be $575. Said license shall be valid only for the commercial taking of lobsters from 1 vessel operated by the applicant or designee as specified in the license.

(b) Residential commercial lobster licenses shall be issued only to residents of this State.

(c) In the event that a licensee is unable to tend his or her lobster pots from the vessel specified in his or her license application, said licensee shall apply to the Secretary for a written permit to be carried on his or her person to tend his or her pots from another specified vessel for a period to be specified by the Department.
7 Del. C. § 3801 — Delaware Code / Title 7 / Chapter 38 / Section 3801
§ Â
        3801. Declared public and common nuisance.
Status: in_force

The existence of growth of giant reed grass (Phragmites australis) is declared to be a public and common nuisance.