reglab/housing_qa huggingface dataset:
7 DE Code § 7008. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 70. Coastal Zone Act|§ 7008. Appeals to Superior Court.

§ 7008. Appeals to Superior Court. Any person aggrieved by a final order of the State Coastal Zone Industrial Control Board under § 7007 of this title may appeal the Board's decision to Superior Court in and for the county of the location of the land in question. Likewise, the Secretary of the Department of Natural Resources and Environmental Control may appeal from any modification by the Board of his or her ruling. The appeal shall be commenced by filing notice thereof with Superior Court not more than 20 days following announcement of the Board's decision. The Court may affirm the Board's order in its entirety, modify same or reverse said order. In either case, the appeal shall be based on the record of proceedings before the Board, the only issue being whether the Board abused its discretion in applying standards set forth by this chapter and regulations issued pursuant thereto to the facts of the particular case. The Superior Court may by rule prescribe procedure by which it will receive, hear and make disposition of appeals under this chapter. Provided, that no appeal under this chapter shall stay any cease and desist order or injunction issued pursuant to this chapter. 7 Del. C. 1953, §  7008;  58 Del. Laws, c. 175;  61 Del. Laws, c. 116, §  88(c);  63 Del. Laws, c. 191, §  1(a), (b);  70 Del. Laws, c. 186, §  1;
7 DE Code § 7009. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 70. Coastal Zone Act|§ 7009. Condemnation.

§ 7009. Condemnation. If Superior Court rules that a permit's denial, or restrictions imposed by a granted permit, or the operation of § 7003 or § 7004 of this title, is an unconstitutional taking without just compensation, the Secretary of the State Department of Natural Resources and Environmental Control may, through negotiation or condemnation proceedings under Chapter 61 of Title 10, acquire the fee simple or any lesser interests in the land. If the Secretary does not use this authority to acquire the fee simple or any lesser interests in the land within 5 years from the date of the Court's ruling, the permit must be granted as applied for. 7 Del. C. 1953, §  7009;  58 Del. Laws, c. 175.;
7 DE Code § 7010. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 70. Coastal Zone Act|§ 7010. Cease and desist orders.

§ 7010. Cease and desist orders. The Attorney General shall have the power to issue a cease and desist order to any person violating any provision of this chapter ordering such person to cease and desist from such violation. Provided, that 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 Attorney General, or (3) when the order is superseded by an injunction, whichever occurs first. 7 Del. C. 1953, §  7010;  58 Del. Laws, c. 175.;
7 DE Code § 7011. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 70. Coastal Zone Act|§ 7011. Penalties.

§ 7011. Penalties. Any person who violates this chapter shall be fined not more than $50,000 for each offense. The continuance of an activity prohibited by this chapter during any part of a day shall constitute a separate offense. Superior Court shall have exclusive original jurisdiction over offenses under this chapter. 7 Del. C. 1953, §  7011;  58 Del. Laws, c. 175.;
7 DE Code § 7012. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 70. Coastal Zone Act|§ 7012. Injunctions.

§ 7012. Injunctions. The Court of Chancery shall have jurisdiction to enjoin violations of this chapter. 7 Del. C. 1953, §  7012;  58 Del. Laws, c. 175.;
7 DE Code § 7013. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 70. Coastal Zone Act|§ 7013. Inconsistent laws superseded; all other laws unimpaired; certain uses not authorized.

§ 7013. Inconsistent laws superseded; all other laws unimpaired; certain uses not authorized. 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 a use in contravention of county or municipal zoning regulations. 7 Del. C. 1953, §  7013;  58 Del. Laws, c. 175.;
7 DE Code § 7015. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 70. Coastal Zone Act|§ 7015. Biennial report.

§ 7015. Biennial report. (a) Beginning on January 1, 2019, and every 2 years thereafter the Delaware Economic Development Office shall provide a comprehensive report to the General Assembly and the Governor detailing economic development that has been enabled by the Coastal Zone Conversion Permit Act [81 Del. Laws, c. 120]. Such report shall include but is not limited to an assessment of how many jobs were created and track any increase in infrastructure investment and total additional economic activity. (b) By September 1, 2017, the Department of Natural Resources and Environmental Control shall provide to the General Assembly and the Governor a baseline report summarizing the contamination and remediation status of each of the 14 heavy industry use sites as of July 1, 2017. Beginning on January 1, 2019, and every 2 years thereafter the Department of Natural Resources and Environmental Control shall provide a comprehensive report to the General Assembly and the Governor summarizing the status of contamination and remediation for all 14 heavy industry use sites compared to the status of the sites on July 1, 2017, and summarizing the environmental status at each site issued a coastal zone act conversion permit. Such report for sites issued a coastal zone act conversion permit shall include, but is not limited to, a list of remediation and site improvement activities underway, a list of offsets and the status of implementation, a list of environmental enforcement actions, a list of any emergency response incidents, a summary of toxic release inventory submissions, and a summary of any air or water quality monitoring if required by another environmental permit. 81 Del. Laws, c. 120, § 7;
7 DE Code § 7101A. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 71A. Regulation of Outdoor Lighting|§ 7101A. Definitions.

§ 7101A. Definitions. In this chapter:  (1) “Cutoff luminaire” means a luminaire in which 2.5% or less of the lamp lumens are emitted above a horizontal plane through the luminaire's lowest part and 10% or less of the lamp lumens are emitted at a vertical angle 80 degrees above the luminaire's lowest point. (2) “Light pollution” means the night sky glow caused by the scattering of artificial light in the atmosphere. (3) “Lumen” means a standard measure of luminous flux representing the quantity of visible light output. (4) “Luminaire” means a complete lighting unit, often referred to as a “light fixture”. A luminaire consists of the lamp, optical reflector and housing, and electrical components for safely starting and operating the lamp. (5) “Outdoor lighting fixture” means any type of fixed or movable lighting equipment that is designed or used for illumination outdoors. The term includes billboard lighting, street lights, searchlights and other lighting used for advertising purposes, and area lighting. The term does not include lighting equipment that is required by law to be installed on motor vehicles or lighting required for the safe operation of aircraft. (6) “State funds” means:  a. Money appropriated by the legislature; or b. Bond revenues of the State.75 Del. Laws, c. 202, §  1;
7 DE Code § 7102A. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 71A. Regulation of Outdoor Lighting|§ 7102A. Standards for state-funded outdoor lighting fixtures.

§ 7102A. Standards for state-funded outdoor lighting fixtures. (a) An outdoor lighting fixture may be designed, installed or replaced using state funds only if:  (1) The new or replacement outdoor lighting fixture is a cutoff luminaire if the rated output of the outdoor lighting fixture is greater than 1,800 lumens; (2) The minimum illuminance adequate for the intended purpose is used with consideration given to nationally recognized standards; (3) For lighting of a designated highway of the state highway system, the Department of Transportation determines that the purpose of the outdoor lighting fixture cannot be achieved by the installation of reflective road markers, lines, warning or information signs, or other effective passive methods; and (4) Full consideration has been given to the Department of Transportation's Traffic Lighting Policy, energy conservation, reducing glare, minimizing light pollution, and preserving the natural night environment. (b) For purposes of paragraph (a)(4) of this section, “energy conservation” means reducing energy costs and resources used and includes using a light with lower wattage or a timer switch. (c) Subsection (a) of this section does not apply if:  (1) A federal law, rule, or regulation preempts state law; (2) The outdoor lighting fixture is used on a temporary basis because emergency personnel require additional illumination for emergency procedures; (3) The outdoor lighting fixture is used on a temporary basis for nighttime work; (4) Special events or situations require additional illumination; (5) The outdoor lighting fixture is used solely to enhance the aesthetic beauty of an object; (6) A compelling safety interest exists that cannot be addressed by another method; (7) The new or replacement outdoor lighting fixture is to be installed and operated on roadways and supporting interchanges that are classified by the Department of Transportation's Functional Classification Maps as interstate or other freeway/expressways within the urbanized boundaries and other principal arterials that are designed to interstate or freeway/expressway standards in nonurbanized areas; or (8) As to maintenance of existing lighting systems, the change to a cutoff luminaire would require the redesign and reconstruction of the system to compensate for the different lighting characteristics of these fixtures. (d) Special events or situations that may require additional illumination include sporting events and illumination of monuments, historic structures, or flags. Illumination for special events or situations must be installed to shield the outdoor lighting fixtures from direct view and to minimize upward lighting and light pollution. 75 Del. Laws, c. 202, §  1;  77 Del. Laws, c. 278, §  1;
7 DE Code § 7201. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 72. Subaqueous Lands|§ 7201. Purposes.

§ 7201. Purposes. Subaqueous lands within the boundaries of Delaware constitute an important resource of the State and require protection against uses or changes which may impair the public interest in the use of tidal or nontidal waters. The purposes of this chapter are to empower the Secretary to deal with or to dispose of interest in public subaqueous lands and to place reasonable limits on the use and development of private subaqueous lands, in order to protect the public interest by employing orderly procedures for granting interests in public subaqueous land and for issuing permits for uses of or changes in private subaqueous lands. To this end, this chapter empowers the Secretary to adopt rules and regulations to effectuate the purposes of the chapter, to apply to the courts for aid in enforcing this statute and the rules and regulations adopted pursuant hereto, and to convey interests in subaqueous lands belonging to the State. 65 Del. Laws, c. 508, §  2;  68 Del. Laws, c. 76, §  1;  72 Del. Laws, c. 474, §  3;
7 DE Code § 7202. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 72. Subaqueous Lands|§ 7202. Definitions.

§ 7202. Definitions. (a) “Department” means the Department of Natural Resources and Environmental Control. (b) “Maintenance” means the actions required to return a channel, bridge, culvert, stormwater basin or water control structure to its full operational condition or to prevent a decline in its utility. These actions shall not change the purpose, scope or capacity of the channel, bridge, culvert, stormwater basin or water control structure. (c) “Ordinary high water mark” means, for nontidal waters, the line at which the presence and action of water are so continuous in all ordinary years so as to leave a distinct mark on a bank either by erosion or destruction of terrestrial (nonaquatic) vegetation, or that can be determined by other physical or biological means. (d) “Reconstruction” means the rebuilding of a channel, bridge, culvert, stormwater basin or water control structure that requires significant renovation or repair of their major structural features. This rebuilding shall be characterized by a replacement or major restorative effort similar to the degree required in the original design and construction of the channel, bridge, culvert, stormwater basin or water control structure. This rebuilding shall not change the purpose, scope or capacity of the channel, bridge, culvert, stormwater basin or water control structure. (e) “Retrofitting” means a change in design, construction or materials to an existing bridge, culvert, stormwater basin or water control structure in order to incorporate later improvements or to reflect new standards, criteria or needs not considered in the original design and construction. (f) “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control. (g) “Subaqueous lands” means submerged lands and tidelands. (h) “Submerged lands” means:  (1) Lands lying below the line of mean low tide in the beds of all tidal waters within the boundaries of the State; (2) Lands lying below the plane of the ordinary high water mark of nontidal rivers, streams, lakes, ponds, bays and inlets within the boundaries of the State as established by law; and (3) Specific manmade lakes or ponds as designated by the Secretary. (i) “Tidelands” means lands lying between the line of mean high water and the line of mean low water. 65 Del. Laws, c. 508, §  2;  68 Del. Laws, c. 76, §  2;  68 Del. Laws, c. 268, §  1;  72 Del. Laws, c. 474, §  1;
7 DE Code § 7203. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 72. Subaqueous Lands|§ 7203. Jurisdiction.

§ 7203. Jurisdiction. (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. 65 Del. Laws, c. 508, §  2;  68 Del. Laws, c. 76, §  3;
7 DE Code § 7204. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 72. Subaqueous Lands|§ 7204. Ejectment of trespassers.

§ 7204. Ejectment of trespassers. The Department may eject from any subaqueous lands owned by the State any person, firm or corporation trespassing upon any such lands, including the fixed mooring of floating structures, through appropriate action in the courts of this State. 65 Del. Laws, c. 508, §  2;
7 DE Code § 7205. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 72. Subaqueous Lands|§ 7205. Permits required.

§ 7205. Permits required. (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. 65 Del. Laws, c. 508, §  2;  68 Del. Laws, c. 86, §  9;  78 Del. Laws, c. 183, §  3;  79 Del. Laws, c. 147, §  3;
7 DE Code § 7206. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 72. Subaqueous Lands|§ 7206. Easements and transfers of title.

§ 7206. Easements and transfers of title. (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. 65 Del. Laws, c. 508, §  2;  68 Del. Laws, c. 76, §  4;
7 DE Code § 7207. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 72. Subaqueous Lands|§ 7207. Application.

§ 7207. Application. (a) Each applicant for a lease, permit or grant, pursuant to this chapter, shall file with the Secretary a request stating in detail the type of lease, permit or grant desired, showing the location of the area and containing specifications for any proposed construction. (b) The Secretary may require such additional information as will enable him or her to consider the application properly. He or she may require an environmental assessment to be provided if he or she determines that the proposed use or activity may have a substantial adverse effect upon the environment. (c) The Secretary may request of any state agency a report or recommendation concerning any application before the Department. (d) 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; (2) A brief description of the nature of the application; and (3) A statement that a public hearing may be requested by any interested person who offers a meritorious objection to the application. (e) If the Secretary decides that an objection is not meritorious, he or she shall then provide a written response so stating his or her reasons. 65 Del. Laws, c. 508, §  2;  70 Del. Laws, c. 186, §  1;
7 DE Code § 7208. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 72. Subaqueous Lands|§ 7208. Hearing.

§ 7208. Hearing. (a) A public hearing shall be held:  (1) If a grant or lease for a period of time in excess of 20 years is sought; or (2) If the Secretary determines that a public hearing is in the public interest; or (3) If a written meritorious objection to the application is received within 20 days of the advertisement of the public notice for the application. A public hearing request shall be deemed meritorious if it exhibits a familiarity with the application and provides a reasoned statement of the action's probable impact. (b) Notice of the public hearing shall be sent to the applicant, to immediately adjacent property owners and to any interested person who requests it, and such notice shall be published in the same manner as the application. (c) The Secretary shall make a written statement of reasons to be placed with the application if a public hearing is not held. 65 Del. Laws, c. 508, §  2;  69 Del. Laws, c. 50, §  1;  72 Del. Laws, c. 474, §  2;
7 DE Code § 7209. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 72. Subaqueous Lands|§ 7209. Published notice.

§ 7209. Published notice. (a) The published notice shall contain a general description of the location of the property and a statement of the nature of the lease, permit or grant sought to be acquired. (b) If the advertisement is also used to provide notice of a public hearing, it shall also give the time, date and place of the hearing, which shall occur not less than 20 days following the publication of the advertisement. 65 Del. Laws, c. 508, §  2;
7 DE Code § 7210. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 72. Subaqueous Lands|§ 7210. Appeals to Environmental Appeals Board.

§ 7210. Appeals to Environmental Appeals Board. Any person whose interest is substantially affected by any action of the Secretary or of the Department taken pursuant to this chapter, may appeal to the Environmental Appeals Board as established by § 6007 of this title within 20 days after the announcement of the decision. Such appeal shall be governed by §§ 6008 and 6009 of this title. There shall be no appeal of a decision by the Secretary to deny a permit on any matter involving state-owned subaqueous lands. 65 Del. Laws, c. 508, §  2;  68 Del. Laws, c. 76, §  5;
7 DE Code § 7211. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 72. Subaqueous Lands|§ 7211. Costs, deposits and fees.

§ 7211. Costs, deposits and fees. (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. 65 Del. Laws, c. 508, §  2;