reglab/housing_qa huggingface dataset:
7 DE Code § 6805. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 68. Beach Preservation|§ 6805. Permits required.

§ 6805. Permits required. (a) No person shall, without first having obtained a permit or letter of approval from the Department, undertake any activity:  (1) To construct, modify, or reconstruct any structure or facility on any beach seaward of the building line. (2) To alter, dig, mine, move, remove or deposit any substantial amount of beach or other materials, or cause the significant removal of vegetation, on any beach seaward of the building line which may affect the enhancement, preservation or protection of beaches. (b) No dune buggy, truck, automobile, motorized bicycle, mechanized vehicle or machine shall be operated on any beach owned in fee simple by the State except in areas designated for such use and then only in accordance with rules and regulations promulgated by the Department. Vehicles utilized for emergency or health and safety measures are excepted from this subsection. (c) Construction activities landward of the building line on any beach, including construction of any structure or the alteration, digging, mining, moving, removal or deposition of any substantial amount of beach or other materials, shall be permitted only under a letter of approval from the Department. (d) The Department shall grant or deny a permit or letter of approval required by subsections (a) and (c) of this section in accordance with duly promulgated regulations. If any structure proposed to be built seaward of the building line could reasonably be reduced in size or otherwise altered in order to eliminate or diminish the amount of encroachment over the building line, the Department shall require such reduction or alteration as a condition of granting the permit or letter of approval. Notwithstanding any provision of this section or regulations adopted by the Department, no property owner shall be prevented within the regulated area from repairing, modifying, modernizing, updating, or improving their existing structure, or, by performing such actions, be required to relocate or reduce in size so long as these repairs, modifications, or improvements are within the existing structure's foot print. 64 Del. Laws, c. 361, §  1;  70 Del. Laws, c. 398, §  1;  75 Del. Laws, c. 435, §§  5, 6;  76 Del. Laws, c. 236, §  1;
7 DE Code § 6806. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 68. Beach Preservation|§ 6806. Cease and desist orders.

§ 6806. Cease and desist orders. 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. 1953, §  6804;  58 Del. Laws, c. 566, §  2;  64 Del. Laws, c. 361, §  1;
7 DE Code § 6807. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 68. Beach Preservation|§ 6807. Penalties.

§ 6807. Penalties. (a) Whoever, without authority from the Department, alters, moves or carries away any substantial amount of beach material (including, but not limited to, sand or pebbles), or alters, damages or destroys any groin, jetty, bank, dike, dune, bulkhead, seawall, breakwater or any other facility, improvement or structure installed or maintained by the Department for the enhancement, preservation or protection of the beach, shall be liable for a civil penalty imposed by the Court of Common Pleas of not less than $200 nor more than $5,000 for each completed violation. If the violation has been completed and there is a substantial likelihood that it will recur or if it is a continuing violation, the Department may also seek a permanent or preliminary injunction or temporary restraining order in the Court of Chancery. (b) Any coastal structure erected, or excavation created, in violation of this chapter is hereby declared to be a public nuisance, and such structure shall be forthwith removed or such excavation refilled after written notice by the Department directing such removal or filling. In the event the structure is not removed or the excavation refilled as directed within a reasonable time, the Department may remove such structure or fill such excavation at its own expense. The person who erected the structure or created the excavation declared to be a public nuisance shall be liable for all expenses incurred by the Department in removing the structure or filling the excavation. The Secretary shall submit a detailed billing for the costs involved in abating the public nuisance to the person responsible. In the event that said billing is not paid by the person responsible within 30 days, the Department may file suit in the appropriate court seeking to compel payment. (c) Any person who:  (1) Violates any condition or limitation in a permit issued pursuant to this chapter; (2) Engages in any activity prohibited by this chapter; or (3) Violates any regulation duly promulgated according to this chapter, shall upon conviction be fined not less than $200 nor more than $5,000, or imprisoned for not more than 2 years, or both, and in addition, shall reimburse the Department for its reasonable expenditures in remedying damage created. (d) For the purposes of subsection (c) of this section, each and every day that a permit condition or limitation is violated, an activity engaged in which is prohibited by this chapter or a regulation violated is deemed a separate offense. (e) Any expenses or civil penalties collected by the Department under this section are hereby appropriated to the Department to carry out the purposes of this chapter. 7 Del. C. 1953, §  6805;  58 Del. Laws, c. 566, §  2;  64 Del. Laws, c. 361, §  1;
7 DE Code § 6808. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 68. Beach Preservation|§ 6808. Beach Preservation Fund.

§ 6808. Beach Preservation Fund. (a) A special fund is created in the State Treasury to be known as the “Beach Preservation Fund,” hereafter referred to in this chapter as “the Fund.” (b) The Fund may be used as necessary to effectuate the purposes of this chapter. (c) The balance of the Fund shall be at least $1,000,000 at the beginning of each fiscal year after July 22, 1972. Such sums as are necessary to restore the Beach Preservation Fund to a balance of at least $1,000,000 shall be appropriated annually from the General Fund or borrowed annually after fiscal year 1973 by the issuance of bonds or bond anticipation notes upon the full faith and credit of the State as may be authorized within the annual capital improvement program. Such bonds and notes shall be issued in accordance with Chapter 74 of Title 29. For purposes of identification, the bonds issued pursuant to such authorization may be known, styled or referred to as “beach preservation bonds.” 7 Del. C. 1953, §  6806;  58 Del. Laws, c. 566, §  2;  64 Del. Laws, c. 361, §  1;
7 DE Code § 6809. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 68. Beach Preservation|§ 6809. Federal aid; other funds.

§ 6809. Federal aid; other funds. 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. 1953, §  6807;  58 Del. Laws, c. 566, §  2;  64 Del. Laws, c. 361, §  1;
7 DE Code § 6810. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 68. Beach Preservation|§ 6810. Eminent domain.

§ 6810. Eminent domain. (a) The Secretary may, through negotiation or condemnation proceedings under Chapter 61 of Title 10, acquire the fee simple or any lesser interests in land whenever 2/3 or more of the property owners of property included in the project area along a private beach, as defined by the Department, have agreed to allow the Department to undertake any or all necessary works to protect, and enhance the beaches, and allow free public access to the beach; provided, however, that the agreeing property owners own at least two-thirds of the property included in the project area. (b) The Secretary may include the costs of obtaining any such fee simple or lesser interests including but not limited to attorney's fees, appraisal costs, surveying charges, title search and land acquisition costs in the total project costs. (c) Notwithstanding the provisions of subsection (a) of this section, the Secretary may undertake any or all necessary works to restore private beaches as designated by the Department, whenever 2/3 or more of the property owners in the project area along the private beach have petitioned the Department to undertake the work. The public will maintain rights on the beach landward to the dune vegetation line or the structure line, whichever is further seaward, in the area of any publicly financed project for the purposes of navigation, fishing, swimming and sunbathing. Privately financed projects may be included in a public project when the Department determines that their inclusion will enhance the public project. 59 Del. Laws, c. 254, §  1;  64 Del. Laws, c. 361, §  1;  68 Del. Laws, c. 280, §  1;
7 DE Code § 6811. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 68. Beach Preservation|§ 6811. Inconsistent laws or ordinances superseded.

§ 6811. Inconsistent laws or ordinances superseded. All laws or ordinances inconsistent with this chapter are hereby superseded to the extent of the inconsistency. 7 Del. C. 1953, §  6808;  58 Del. Laws, c. 566, §  2;  64 Del. Laws, c. 361, §  1;
7 DE Code § 6812. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 68. Beach Preservation|§ 6812. Short title.

§ 6812. Short title. This chapter may be known, styled or referred to as the “Beach Preservation Act.” 7 Del. C. 1953, §  6809;  58 Del. Laws, c. 566, §  10;  64 Del. Laws, c. 361, §  1;
7 DE Code § 6901. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 69. Conservation Easements|§ 6901. Definitions.

§ 6901. Definitions. As used in this chapter, unless the context otherwise requires:  (1) “Conservation easement” means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic or open-space values of real property, assuring its availability for agricultural, forest, recreational or open-space use, protecting natural resources, fish and wildlife habitat, rare species and natural communities maintaining or enhancing air or water quality or preserving the historical, architectural, archaeological or cultural aspects of real property. (2) “Holder” means:  a. A governmental body empowered to hold an interest in real property under the laws of this State or of the United States; and b. A charitable corporation, charitable association or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic or open-space values of real property, assuring the availability of real property for agricultural, forest, recreational or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological or cultural aspects of real property. (3) “Third-party right of enforcement” shall mean a right provided in a conservation easement to enforce any of its terms and which is granted to a governmental body, charitable corporation, charitable association or charitable trust which, although eligible to be a holder, is not a holder.70 Del. Laws, c. 552, §  1;
7 DE Code § 6902. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 69. Conservation Easements|§ 6902. Creation, conveyance, acceptance and duration.

§ 6902. Creation, conveyance, acceptance and duration. (a) Except as otherwise provided in this chapter, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as other easements. (b) No right or duty in favor of or against a holder and no right in favor of a person having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and a recordation of that acceptance. (c) Except as provided in § 6903(b) of this title, a conservation easement is unlimited in duration unless the instrument creating it otherwise provides. (d) An interest in real property in existence at the time a conservation easement is created is not impaired by it, unless the owner of the interest is a party to the conservation easement or consents to it. 70 Del. Laws, c. 552, §  1;
7 DE Code § 6903. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 69. Conservation Easements|§ 6903. Judicial actions.

§ 6903. Judicial actions. (a) An action affecting a conservation easement may be brought by:  (1) An owner of an interest in the real property burdened by the easement; (2) A holder of the easement; (3) A person having a third-party right of enforcement; or (4) A person authorized by other law. (b) This chapter does not affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity. 70 Del. Laws, c. 552, §  1;
7 DE Code § 6904. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 69. Conservation Easements|§ 6904. Validity.

§ 6904. Validity. A conservation easement is valid even though:  (1) It is not appurtenant to an interest in real property; (2) It can be or has been assigned to another holder; (3) It is not of a character that has been recognized traditionally at common law; (4) It imposes a negative burden; (5) It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder; (6) The benefit does not touch or concern real property; or (7) There is no privity of estate or of contract.70 Del. Laws, c. 552, §  1;
7 DE Code § 6905. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 69. Conservation Easements|§ 6905. Applicability.

§ 6905. Applicability. (a) This chapter applies to any interest created after July 18, 1996, which complies with this chapter, whether or not such interest is designated as a conservation easement, covenant, equitable servitude, restriction, easement or otherwise. (b) This chapter applies to any interest created before July 18, 1996, if it would have been enforceable had it been created after July 18, 1996, unless such retroactive application contravenes the constitution or laws of this State or the United States. (c) This chapter does not invalidate any interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement or otherwise that is enforceable under other law of this State. 70 Del. Laws, c. 552, §  1;
7 DE Code § 6906. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 69. Conservation Easements|§ 6906.

§ 6906.
7 DE Code § 7001. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 70. Coastal Zone Act|§ 7001. Purpose.

§ 7001. Purpose. It is hereby determined that the coastal areas of Delaware are the most critical areas for the future of the State in terms of the quality of life in the State. It is, therefore, the declared public policy of the State to control the location, extent and type of industrial development in Delaware's coastal areas. In so doing, the State can better protect the natural environment of its bay and coastal areas and safeguard their use primarily for recreation and tourism. Specifically, this chapter seeks to prohibit the construction of new heavy industry in its coastal areas beyond the heavy industry use sites defined in this chapter. The expansion of heavy industry beyond those sites is determined to be incompatible with the protection of that natural environment in those areas. While it is the declared public policy of the State to encourage the introduction of new industry into Delaware, the protection of the environment, natural beauty and recreation potential of the State is also of great concern. In order to strike the correct balance between these 2 policies, careful planning based on a thorough understanding of Delaware's potential and the State's needs is required. Therefore, control of industrial development in the coastal zone of Delaware through a permit system at the state level is called for. It is further determined that offshore bulk product transfer facilities represent a significant danger of pollution to the coastal zone, therefore bulk product transfer facilities are prohibited in the coastal zone, unless approved through a conversion permit at a heavy industry use site that had a docking facility or pier for a single industrial or manufacturing facility on or before June 28, 1971. 7 Del. C. 1953, §  7001;  58 Del. Laws, c. 175;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 120, § 1;
7 DE Code § 7003. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 70. Coastal Zone Act|§ 7003. Uses absolutely prohibited in the coastal zone.

§ 7003. Uses absolutely prohibited in the coastal zone. (a) Except as provided by § 7014 of this title, heavy industry uses of any kind not in operation on June 28, 1971, are prohibited in the coastal zone and no permits may be issued therefor. In addition, offshore gas, liquid or solid bulk product transfer facilities which are not in operation on June 28, 1971, are prohibited in the coastal zone, and no permit may be issued therefor, except as provided in § 7014 of this title.The prohibitions in this section shall not apply to public sewage treatment or recycling plants. An incinerator is neither “public sewage treatment” nor a “recycling plant” for the purpose of this chapter. (b) Notwithstanding the provisions of any law, rule, or regulation to the contrary, offshore drilling for oil and natural gas shall be prohibited in the coastal zone and any other state waters and no permit may be issued for or in connection with the development or operation of any facility or infrastructure associated with offshore drilling for oil or natural gas, whether proposed for within or outside of Delaware's territorial waters. 7 Del. C. 1953, §  7003;  58 Del. Laws, c. 175;  64 Del. Laws, c. 240, §  6;  66 Del. Laws, c. 256, §  1;  71 Del. Laws, c. 348, §  2;  81 Del. Laws, c. 120, § 3;  81 Del. Laws, c. 442, § 1;
7 DE Code § 7006. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 70. Coastal Zone Act|§ 7006. State Coastal Zone Industrial Control Board created; composition; conflict of interest; quorum.

§ 7006. State Coastal Zone Industrial Control Board created; composition; conflict of interest; quorum. There is hereby created a State Coastal Zone Industrial Control Board, which shall have 9 voting members. Five of these shall be regular members appointed by the Governor and confirmed by the Senate. No more than 2 of the regular members shall be affiliated with the same political party. At least 1 regular member shall be a resident of New Castle County, 1 a resident of Kent County and 1 a resident of Sussex County, provided that no more than 2 residents of any county shall serve on the Board at the same time. The additional 4 members shall be the Director of the Division of Small Business, and the chairpersons of the planning commissions of each county, who shall be ex officio voting members. The term of 1 appointed regular member shall be for 1 year; 1 for 2 years; 1 for 3 years; 1 for 4 years; and the chairperson, to be designated as such by the Governor, and serve at the Governor's pleasure. Thereafter, all regular members shall be appointed for 5-year terms. The members shall receive no compensation except for expenses. Any member of the Board with a conflict of interest in a matter in question shall disqualify himself or herself from consideration of that matter. A majority of the total membership of the Board less those disqualifying themselves shall constitute a quorum. A majority of the total membership of the Board shall be necessary to make a final decision on a permit request. 7 Del. C. 1953, §  7006;  58 Del. Laws, c. 175;  63 Del. Laws, c. 191, §  1(c), (d);  69 Del. Laws, c. 458, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 49, § 6;  81 Del. Laws, c. 374, § 35;
7 DE Code § 7007. (2021)
2021 Delaware Code|Title 7 - Conservation|Chapter 70. Coastal Zone Act|§ 7007. Appeals to State Coastal Zone Industrial Control Board.

§ 7007. Appeals to State Coastal Zone Industrial Control Board. (a) The State Coastal Zone Industrial Control Board shall have the power to hear appeals from decisions of the Secretary of the Department of Natural Resources and Environmental Control made under §§ 7005 and 7014 of this title. The Board may affirm or reverse the decision of the Secretary of the Department of Natural Resources and Environmental Control with respect to applicability of any provisions of this chapter to a proposed use; it may modify any permit granted by the Secretary of the Department of Natural Resources and Environmental Control, grant a permit denied by the Secretary, deny a permit or confirm the Secretary's grant of a permit. Provided, however, that the Board may grant no permit for uses prohibited in § 7003 of this title. (b) Any person aggrieved by a final decision of the Secretary of the Department of Natural Resources and Environmental Control under § 7005(a) or § 7014 of this title may appeal same under this section. Appellants must file notice of appeal with the State Coastal Zone Industrial Control Board within 14 days following announcement by the Secretary of the Department of Natural Resources and Environmental Control of his or her decision. The State Coastal Zone Industrial Control Board must hold a hearing and render its decision in the form of a final order within 60 days following receipt of the appeal notification. (c) Whenever a decision of the Secretary of the Department of Natural Resources and Environmental Control concerning a permit request is appealed, the Board shall hold a public hearing at which the appellant may be represented by counsel. All proceedings in such a hearing shall be made a matter of record and a transcript or recording of all proceedings kept, and the public may attend and be heard. (d) The Board shall publicly announce by publication in at least 1 newspaper of daily publication in the county in which the site designated in the request is wholly or principally located and in at least 1 newspaper of daily publication and general circulation throughout the State the time, location and subject of all hearings under this section at least 10 days prior thereto. 7 Del. C. 1953, §  7007;  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;  81 Del. Laws, c. 120, § 6;