7 DE Code § 6607. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 66. Wetlands|§ 6607. Procedures; regulations; application fees.

§ 6607. Procedures; regulations; application fees. (a) The Secretary shall administer this chapter. (b) The Secretary shall inventory, as promptly as he or she is able, all wetlands within the State and prepare suitable maps. Such maps shall be filed with the Secretary of State and made available for public inspection at the offices of the Department. On completion of a wetlands boundary map for an area, the Secretary shall propose that wetlands within the area be designated as such in accordance with the map. Wetlands designation on the maps shall be conclusive for the purpose of this chapter upon adoption by the Secretary, subject to the outcome of any appeals taken under this section, and subsection (e) of this section. After such designation, the 2-foot elevation above local mean high water specified in § 6603 of this title shall not apply to any land outside the designated area. (c) The Secretary shall adopt a wetlands designation or any other regulation only after holding a public hearing in accordance with § 6609 of this title. (d) The Secretary shall, in furtherance of the purpose of this chapter, adopt regulations:  (1) Setting forth procedures, including provision for fees, which shall govern the processing of permit applications and the conduct of hearings; (2) Elaborating standards consistent with § 6604 of this title by which each permit application will be reviewed and acted upon; (3) Controlling or prohibiting activities on lands designated or proposed for designation as wetlands, which regulations may vary from area to area according to the ecological value of the subject wetlands and the threat to the health and welfare of the people of this State which their alteration would pose. (4) 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. (e) If an on-site evaluation by the Department establishes that an error exists in a wetlands map that has been adopted by the Department, the wetlands map containing the error may be corrected by the Department after the Department documents, in writing, the results of the on-site evaluation, and the Department gives the public notice of any proposed correction. For purposes of this subsection, the term “public notice” shall consist of having notice of the proposed correction, the name of the property owner, location of the property in issue and a description of the error, 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 be published at least 20 days in advance of any correction to a map by the Department. If the Department determines that it has received a meritorious objection to any proposed correction set forth in a public notice, the Department shall hold a public hearing in accordance with the procedures set forth in § 6609 of this title. Any Department correction made to an adopted wetlands map shall be filed with the Secretary of State and made available for public inspection at the offices of the Department. (f) 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), beach preservation (Chapter 68 of this title) or subaqueous lands (Chapter 72 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. (g) The Secretary may issue an after-the-fact permit, letter of authorization or waiver in those cases where an activity has occurred without first obtaining the required permit, letter of authorization or waiver. The determination of whether or not to issue an after-the-fact permit, letter of authorization or waiver shall be consistent with the purposes and provisions of this chapter. The applicant receiving the after-the-fact permit, letter of authorization, or waiver will be responsible for paying any associated processing fee and the Secretary may assess a penalty in accordance with § 6005 of this title. 7 Del. C. 1953, §  6607;  59 Del. Laws, c. 213, §  1;  63 Del. Laws, c. 322, §  105(b);  64 Del. Laws, c. 61, §§  1, 2;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 183, §  2;  79 Del. Laws, c. 147, §  2;