reglab/housing_qa huggingface dataset:
7 DE Code § 6606. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 66. Wetlands|§ 6606. Exemptions.

§ 6606. Exemptions. Any of the following activities are exempt from permit requirements: Mosquito control activities authorized by the Department; construction of directional aids to navigation; duck blinds; foot bridges; the placing of boundary stakes; wildlife nesting structures; grazing of domestic animals; haying; hunting; fishing and trapping. 7 Del. C. 1953, §  6606;  59 Del. Laws, c. 213, §  1;
7 DE Code § 6608. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 66. Wetlands|§ 6608. Permit applications.

§ 6608. Permit applications. (a) Any person desiring to obtain a permit required by § 6604 of this title shall submit an application in such form and accompanied by such plans, specifications and other information as required by applicable regulations. (b) Upon receipt of an application in proper form, the Secretary shall advertise in a daily newspaper of statewide circulation and in a newspaper of general circulation in the county in which the activity is proposed:  (1) The fact that the application has been received; and (2) A brief description of the nature of the application. The Secretary may hold a public hearing with respect to any application if it is deemed to be in the best public interest. The Secretary shall hold a public hearing if he or she receives a written meritorious objection within 20 days of advertisement. A public hearing request shall be deemed meritorious if it exhibits a familiarity with the application and a reasoned statement of the permit's probable impact.7 Del. C. 1953, §  6608;  59 Del. Laws, c. 213, §  1;  70 Del. Laws, c. 186, §  1;
7 DE Code § 6609. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 66. Wetlands|§ 6609. Public hearings.

§ 6609. Public hearings. Any public hearing held by the Secretary or the Board concerning a regulation, permit application or alleged violation or appeal shall be conducted as follows:  (1) Notification shall be served upon the applicant, alleged violator, or appellant as summonses are served 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 daily newspaper of general circulation throughout the State and a newspaper of general circulation in the county in which the activity is proposed. Such notice shall also be sent by mail simultaneously to persons who have listed their names and addresses with the Secretary to be notified. Such notice shall also be sent by mail simultaneously to all adjoining property owners. Notice shall outline the area concerned, activity involved, and the location where the application for a permit or other pertinent material is available for inspection. (2) The permit applicant, alleged violator, or appellant may appear personally or by counsel at the hearing and produce any competent evidence in his or her behalf. The Secretary or the Secretary's duly authorized designee or the Board or its duly authorized designee may administer oaths, examine witnesses and issue, in the name of the Department or the Board, notices of hearings or subpoenae requiring the testimony of witnesses and the production of books, records or other documents relevant to any matter involved in such a hearing; and subpoenae shall also be issued at the request of the applicant or alleged violator. 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 or the Chairperson of the Board, to issue an order requiring such person to appear and testify or produce evidence as the case may require. (3) A verbatim transcript of testimony at the hearing shall be prepared and shall, along with the exhibits and other documents introduced by the Secretary or other party, constitute the record. The Secretary or the Secretary's duly authorized designee or the Board or its duly authorized designee shall make findings of fact based on the record. The Secretary or the Board shall then enter such order as will best further the purpose of this chapter, and shall state reasons. The Secretary or the Board shall promptly give written notice to the persons affected by such order. 7 Del. C. 1953, §  6609;  59 Del. Laws, c. 213, §  1;  70 Del. Laws, c. 186, §  1;
7 DE Code § 6610. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 66. Wetlands|§ 6610. Appeal to Board.

§ 6610. Appeal to Board. Any person whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board within 20 days after the Secretary has announced the decision. 7 Del. C. 1953, §  6611;  59 Del. Laws, c. 213, §  1;  64 Del. Laws, c. 293, §  2;
7 DE Code § 6612. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 66. Wetlands|§ 6612. Appeal from Board's decision.

§ 6612. Appeal from Board's decision. (a) Any person or persons, jointly or severally affected by any decision or nondecision of the Board, or any taxpayer, or any officer, department, board or bureau of the State, may appeal to the Superior Court in and for the county in which the use 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 perfected within 30 days of the 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 cause to the Board for completion of the record. 7 Del. C. 1953, §  6612;  59 Del. Laws, c. 213, §  1;
7 DE Code § 6613. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 66. Wetlands|§ 6613. Taking without just compensation.

§ 6613. Taking without just compensation. If the Superior Court finds that the action appealed from constitutes a taking without just compensation, it shall invalidate the order and grant appropriate relief, unless the Secretary at this stage, consents to the reversal or modification of his or her decision. However, the Secretary may, through negotiation or condemnation proceedings under Chapter 61 of Title 10, acquire the fee simple or any lesser interest, including but not limited to, a perpetual negative easement or other interest which assures that the affected land shall not thereafter be altered, dredged, dumped upon, filled or otherwise altered subject to any reasonable reservations to the landowner as the Secretary may have stipulated to prior to assessment of damages. A decision of the Superior Court that the action appealed from constitutes a taking without just compensation shall not become effective for 2 years of the date of decision and shall not become effective at all if within that period the Secretary has initiated action to acquire fee simple or any lesser interest in the wetlands in question. A finding of the Superior Court that the denial of a permit or the restrictions imposed by a granted permit constitutes a taking without just compensation shall not affect any land other than that of the petitioning landowner. If the Secretary has not initiated action to acquire fee simple or any lesser interest in the wetlands in question within 2 years from the date of a final court ruling, the permit must be granted as applied. 7 Del. C. 1953, §  6613;  59 Del. Laws, c. 213, §  1;  70 Del. Laws, c. 186, §  1;
7 DE Code § 6614. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 66. Wetlands|§ 6614. Cease and desist orders.

§ 6614. Cease and desist orders. The Secretary shall have the power to issue an order to any person violating any rule, regulation or order or permit condition or provision of this chapter to cease and desist from such violation. Any cease and desist order issued pursuant to this section shall expire (1) after 30 days of its issuance, or (2) upon withdrawal of said order by the Secretary, or (3) when the order is suspended by an injunction, whichever occurs first. 7 Del. C. 1953, §  6614;  59 Del. Laws, c. 213, §  1;
7 DE Code § 6615. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 66. Wetlands|§ 6615. Injunction.

§ 6615. Injunction. Action for injunctive relief may be brought by the Secretary to prevent a violation of this chapter or a permit condition. The Court of Chancery may, at its discretion, require bond in the appropriate amount. 7 Del. C. 1953, §  6615;  59 Del. Laws, c. 213, §  1;
7 DE Code § 6616. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 66. Wetlands|§ 6616. Right of entry.

§ 6616. Right of entry. The Secretary or the Secretary's duly authorized designee, in regulating any activity over which he or she has jurisdiction pursuant to this chapter, may enter, at reasonable times, upon any private or public property for the purpose of determining whether a violation exists of a statute or regulation enforceable by him or her, upon giving written notice, and after presenting official identification to the owner, occupant, custodian or agent of said property. 7 Del. C. 1953, §  6616;  59 Del. Laws, c. 213, §  1;  70 Del. Laws, c. 186, §  1;
7 DE Code § 6617. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 66. Wetlands|§ 6617. Penalties.

§ 6617. Penalties. (a) Whoever violates this chapter or any rule or regulation duly promulgated thereunder, or any condition of a permit issued pursuant to § 6604 of this title, or any order of the Secretary, shall be subject to enforcement in accordance with § 6005 or § 6013, or both, of this title. (b)-(d) [Repealed.] 7 Del. C. 1953, §  6617;  59 Del. Laws, c. 213, §  1;  63 Del. Laws, c. 249, §  1;  79 Del. Laws, c. 147, §  3;  80 Del. Laws, c. 391, § 1;
7 DE Code § 6618. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 66. Wetlands|§ 6618. Inconsistent laws superseded; all other laws unimpaired.

§ 6618. Inconsistent laws superseded; all other laws unimpaired. All laws or ordinances inconsistent with any provision of this chapter are hereby superseded to the extent of the inconsistency; provided, that present and future zoning powers of all counties and municipalities, to the extent that said powers are not inconsistent with this chapter, shall not hereby be impaired; and provided, that a permit granted under this chapter shall not authorize an activity in contravention of county or municipal zoning regulations. 7 Del. C. 1953, §  6618;  59 Del. Laws, c. 213, §  1;
7 DE Code § 6619. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 66. Wetlands|§ 6619. Liberal construction.

§ 6619. Liberal construction. This chapter, being necessary for the welfare of the State and its inhabitants, shall be liberally construed in order to preserve the wetlands of the State. 7 Del. C. 1953, §  6619;  59 Del. Laws, c. 213, §  1;
7 DE Code § 6620. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 66. Wetlands|§ 6620. Federal aid; other funds.

§ 6620. Federal aid; other funds. The Department may cooperate with and receive moneys from the federal government, state or local government or any industry or other source. Such moneys received are appropriated and made available for the study and preservation of the wetlands. 7 Del. C. 1953, §  6620;  59 Del. Laws, c. 213, §  1;
7 DE Code § 6601A. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 66A. Nontidal Wetland Standards|§ 6601A. Purpose.

§ 6601A. Purpose. It is the purpose of this chapter to promote public health, safety, and general welfare through the conservation and restoration of nontidal wetlands, which provide significant public value and critical ecological functions through the mitigation and prevention of flood damage, provision of wildlife habitat, removal of pollutants from water resources, and reduction in costs for governments, residents, and businesses that result when wetlands are degraded. 79 Del. Laws, c. 147, §  1;
7 DE Code § 6602A. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 66A. Nontidal Wetland Standards|§ 6602A. Definitions.

§ 6602A. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them except where the context clearly indicates a different meaning:  (1) “Department” shall mean the Department of Natural Resources and Environmental Control. (2) “Secretary” shall mean the Secretary of the Department of Natural Resources and Environmental Control.79 Del. Laws, c. 147, §  1;
7 DE Code § 6701. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 67. Motor Vehicle Emissions|§ 6701. Emission standards required for inspection.

§ 6701. Emission standards required for inspection. 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 the inspection, pass such tests as may be required to demonstrate that the motor vehicle complies with any standards and requirements, rules or regulations for the control of air contaminants established by the Department of Natural Resources and Environmental Control which are applicable to such motor vehicle. 7 Del. C. 1953, §  6701;  57 Del. Laws, c. 733.;
7 DE Code § 6702. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 67. Motor Vehicle Emissions|§ 6702. Violations.

§ 6702. Violations. Any person who operates a motor vehicle, or owns a motor vehicle which he or she permits to be operated, upon the public highways of the State, which emits smoke and other air contaminants in excess of standards, rules or regulations adopted by the Department, shall be fined not less than $50, nor more than $100, which may be enforced in accordance with Title 21. 7 Del. C. 1953, §  6702;  57 Del. Laws, c. 733;  70 Del. Laws, c. 186, §  1;
7 DE Code § 6703. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 67. Motor Vehicle Emissions|§ 6703. Standards for vehicle emissions.

§ 6703. Standards for vehicle emissions. The Department shall have the power to formulate and promulgate, amend and repeal codes, rules and regulations establishing standards and requirements for the control of air contaminants from motor vehicles. 7 Del. C. 1953, §  6703;  57 Del. Laws, c. 733.;
7 DE Code § 6704. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 67. Motor Vehicle Emissions|§ 6704. Applications of standards.

§ 6704. Applications of standards. Any code, rule or regulation establishing standards and requirements for the control of air contaminants from motor vehicles shall be applicable to such classification of motor vehicles as the Department shall determine to be necessary to carry out the purpose of this chapter, and shall apply to such motor vehicles not earlier than 180 days from the date of adoption. 7 Del. C. 1953, §  6704;  57 Del. Laws, c. 733.;
7 DE Code § 6705. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 67. Motor Vehicle Emissions|§ 6705. Application consistent with federal law.

§ 6705. Application consistent with federal law. Such codes, rules and regulations shall establish standards and requirements for the control of air contaminants from motor vehicles manufactured with air pollution control devices, systems or engine modifications consistent with the requirements of the “National Emission Standards Act” [42 U.S.C. § 7521 et seq.] and any amendments and supplements thereto. 7 Del. C. 1953, §  6705;  57 Del. Laws, c. 733.;
7 DE Code § 6706. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 67. Motor Vehicle Emissions|§ 6706. Standards attainable by properly functioning vehicles.

§ 6706. Standards attainable by properly functioning vehicles. Such codes, rules and regulations shall establish standards and requirements for the control of air contaminants which can reasonably be attained by properly functioning motor vehicles without the addition of any pollution control devices, systems, or engine modifications; provided such vehicles were not manufactured with pollution control devices, systems, or engine modifications in accordance with the “National Emission Standards Act” [42 U.S.C. § 7521 et seq.]. 7 Del. C. 1953, §  6706;  57 Del. Laws, c. 733.;
7 DE Code § 6707. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 67. Motor Vehicle Emissions|§ 6707. Formulation of rules and regulations.

§ 6707. Formulation of rules and regulations. All codes, rules and regulations shall be formulated and promulgated in the manner provided in Chapter 60 of this title. 7 Del. C. 1953, §  6707;  57 Del. Laws, c. 733.;
7 DE Code § 6708. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 67. Motor Vehicle Emissions|§ 6708. Implementation; Department's standards.

§ 6708. Implementation; Department's standards. The Division of Motor Vehicles, after consultation with the Department of Natural Resources and Environmental Control, shall institute such testing procedures recommended by Department of Natural Resources and Environmental Control to effectively demonstrate that the emissions from motor vehicles passing through the inspection lanes are in accordance with the standards, codes, rules or regulations of the Department of Natural Resources and Environmental Control. 7 Del. C. 1953, §  6708;  57 Del. Laws, c. 733.;
7 DE Code § 6709. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 67. Motor Vehicle Emissions|§ 6709. Permits for operation of motor vehicles during testing.

§ 6709. Permits for operation of motor vehicles during testing. The Department of Natural Resources shall issue permits to all certified repair technicians to conduct on-board diagnostic testing of vehicles that are not in compliance with § 2115 of Title 21. The Department may recover costs reasonably related to the issuance of such permits. 77 Del. Laws, c. 293, §  2;
7 DE Code § 6801. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 68. Beach Preservation|§ 6801. Purposes.

§ 6801. Purposes. Beaches of the Atlantic Ocean and Delaware Bay shoreline of Delaware are hereby declared to be valuable natural features which furnish recreational opportunity and provide storm protection for persons and property, as well as being an important economic resource for the people of the State. Beach erosion and shoreline migration occur due to the influence of waves, currents, tides, storms and rising sea level. These natural forces have created, and will continue to alter, the beaches of the State. Development and habitation of beaches must be done with due consideration given to the natural forces impacting upon them and the dynamic nature of those natural features. The purposes of this chapter are to enhance, preserve and protect the public and private beaches of the State, to mitigate beach erosion, to create civil and criminal remedies for acts destructive of beaches, to prescribe the penalties for such acts and to vest in the Department of Natural Resources and Environmental Control (“the Department”) the authority to adopt such rules and regulations it deems necessary to effectuate the purposes of this chapter. 7 Del. C. 1953, §  6801;  58 Del. Laws, c. 566, §  2;  64 Del. Laws, c. 361, §  1;
7 DE Code § 6803. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 68. Beach Preservation|§ 6803. Authority to enhance, preserve and protect beaches.

§ 6803. Authority to enhance, preserve and protect beaches. (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. 1953, §  6803;  58 Del. Laws, c. 566, §  2;  62 Del. Laws, c. 211, §  1;  64 Del. Laws, c. 361, §  1;  75 Del. Laws, c. 153, §  11;
7 DE Code § 6804. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 68. Beach Preservation|§ 6804. Privately owned beaches.

§ 6804. Privately owned beaches. The authority of the Department to prevent and repair damages from erosion shall extend to privately owned beaches whenever, in the judgment of the Governor, a dangerous condition constituting an emergency exists in a location specified by the Governor. Before taking any action with respect to a privately owned beach, the Department shall, whenever practicable, give reasonable notice to the owner thereof that a condition of potential emergency must be corrected, and wait a reasonable period of time for the owner to correct the matter. If the owner does not correct the matter, the Department shall do so. The owner shall be liable for all expenses incurred by the Department in correcting a condition of potential emergency. 64 Del. Laws, c. 361, §  1;