reglab/statecodes huggingface dataset:
2023 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;
2023 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;
2023 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;
2023 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;
2023 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.;
2023 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.;
2023 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.;
2023 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.;
2023 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;
2023 Delaware Code › Title 7 - Conservation › Chapter 71. NOISE CONTROL AND ABATEMENT › Subchapter I. Nonvehicle Provisions › § 7101. Declaration of purpose.

§ 7101. Declaration of purpose.
(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.
60 Del. Laws, c. 648, §  1;  63 Del. Laws, c. 369, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 71. NOISE CONTROL AND ABATEMENT › Subchapter I. Nonvehicle Provisions › § 7102. Short title.

§ 7102. Short title.
This chapter shall be known and may be cited as the “Delaware Noise Control Act”.
60 Del. Laws, c. 648, §  1;  63 Del. Laws, c. 369, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 71. NOISE CONTROL AND ABATEMENT › Subchapter I. Nonvehicle Provisions › § 7103. Definitions.

§ 7103. Definitions.
(a) “Committee” shall mean the Noise Advisory Committee created under this chapter.
(b) “Farming operations” shall mean any activity which is involved in the production of agriculture, livestock, dairy or poultry products for sale.
(c) “Farm vehicle” shall mean a wheeled device used for transportation in farming operations.
(d) “Manufacturer” shall mean any person employing 5 or more employees and who is licensed as a manufacturer by the Department of Finance in accordance with Chapter 27 of Title 30.
(e) “Motor vehicle” shall mean any vehicle defined as a motor vehicle in accordance with § 101 of Title 21.
(f) “Noise” shall mean any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans, excluding all aspects of noise regulated by the federal Occupational Safety and Health Act (OSHA).
(g) “Noise disturbance” means any sound which:
(1) Endangers or injures the safety or health of humans or animals; or
(2) Annoys or disturbs a reasonable person of normal sensitivities; or
(3) Jeopardizes the value of property and erodes the integrity of the environment.
(h) “Person” shall mean any corporation, company, association, society, firm, partnership and any joint stock company, as well as individuals, and shall also include the State and all of its political subdivisions, agencies and instrumentalities as well as any department, board or agency of the government of the United States.
(i) “Secretary” shall mean the Secretary of the Department of Natural Resources and Environmental Control.
60 Del. Laws, c. 648, §  1;  63 Del. Laws, c. 369, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 71. NOISE CONTROL AND ABATEMENT › Subchapter I. Nonvehicle Provisions › § 7104. Noise and noise disturbance prohibited.

§ 7104. Noise and noise disturbance prohibited.
(a) No person shall, without first having obtained a variance or a temporary emergency variance from the Department of Natural Resources and Environmental Control, undertake any activity which in any way may cause or contribute to the creation of noise or a noise disturbance.
(b) No person shall, without having first obtained a variance or a temporary emergency variance from the Department of Natural Resources and Environmental Control, construct, install, replace, modify or use any equipment, machinery, motor vehicle, device or other article which in any way may cause or contribute to the creation of noise or a noise disturbance.
60 Del. Laws, c. 648, §  1;  63 Del. Laws, c. 369, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 71. NOISE CONTROL AND ABATEMENT › Subchapter I. Nonvehicle Provisions › § 7105. Administration of chapter; applicability of subchapter.

§ 7105. Administration of chapter; applicability of subchapter.
(a) The Secretary of the Department of Natural Resources and Environmental Control or the Secretary's duly authorized designee shall exercise general supervision over the administration of this chapter and, in conjunction with the various law-enforcement agencies of this State, the enforcement of this chapter, and shall have jurisdiction over noise emanating from motor vehicles to the extent of approving standards, codes and regulations proposed by the Secretary of the Department of Safety and Homeland Security.
(b) The Secretary of the Department of Safety and Homeland Security shall exercise general supervision over the administration and enforcement of this chapter with regard to noise emanating from motor vehicles.
(c) This subchapter shall not apply to noise caused or created by the work of any public service company incident to the repair or maintenance of its equipment or facilities which may have been damaged or destroyed as the result of any emergency situation including but not limited to acts of God, accidents and explosions.
60 Del. Laws, c. 648, §  1;  63 Del. Laws, c. 369, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 110, §  138;
2023 Delaware Code › Title 7 - Conservation › Chapter 71. NOISE CONTROL AND ABATEMENT › Subchapter I. Nonvehicle Provisions › § 7106. Powers and duties of Department of Natural Resources and Environmental Control.

§ 7106. Powers and duties of Department of Natural Resources and Environmental Control.
The Department of Natural Resources and Environmental Control shall have the power and its duty shall be to:
(1) Adopt standards, rules and regulations, after public hearing, for the prevention, control, reduction and abatement of noise pollution, applicable throughout the State or to such parts or regions thereof specifically designated in such regulations. The procedure for public hearings shall conform to the procedure described in § 6006(2) of this title; such rules and regulations, however, shall not purport to exercise jurisdiction over any person or activity not included or affected by this subchapter;
(2) Cooperate with all other state departments, divisions and agencies in the formulation and preparation of rules and regulations for the control of noise;
(3) Enter into agreements with any other state department in order to effectuate this chapter;
(4) Enforce this chapter, and all regulations, codes and rules, promulgated pursuant thereto, except those provisions of this chapter pertaining to motor vehicles;
(5) In conjunction with the various law-enforcement agencies of this State, receive or initiate complaints of noise and institute legal proceedings for the prevention of noise and for the recovery of penalties, in accordance with this chapter;
(6) Keep records of violations cited, enforcement procedures initiated and completed in accordance with this section.
60 Del. Laws, c. 648, §  1;  63 Del. Laws, c. 369, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 71. NOISE CONTROL AND ABATEMENT › Subchapter I. Nonvehicle Provisions › § 7107. Authority of Department of Natural Resources and Environmental Control.

§ 7107. Authority of Department of Natural Resources and Environmental Control.
The Department of Natural Resources and Environmental Control shall have the authority to:
(1) Conduct and supervise research programs for the purpose of determining the causes, effects and hazards of noise;
(2) Conduct and supervise statewide programs of noise control education, including the preparation and distribution of information relating to noise control;
(3) Enter and inspect any building or place, except private residences, for the purpose of investigating an actual or suspected source of noise and ascertaining compliance or noncompliance of any statute, rule or regulation of the Department. Any information relating to secret processes or methods of manufacture or production obtained in the course of such inspection, investigation or determination shall be kept confidential and shall not be admissible in evidence in any court or in any other proceedings except to the extent herein provided. If tests of any type are made for the purpose of determining whether or not a violation has occurred, or for any other purpose in connection with such entry and inspection, a duplicate of the results of the tests shall be furnished promptly to the person suspected of violating the statute, code or regulation;
(4) With the approval of the Governor, cooperate with and receive money from the federal government, the state government or any county or municipal government or from private sources for the study and control of noise; and
(5) Review and approve any plan to construct any highway corridor, the construction or operation of which may in the opinion of the Department cause or contribute to an amount of noise deemed excessive by the Department.
63 Del. Laws, c. 369, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 71. NOISE CONTROL AND ABATEMENT › Subchapter I. Nonvehicle Provisions › § 7110. Temporary emergency variance.

§ 7110. Temporary emergency variance.
(a) A temporary emergency variance may be granted by the Department:
(1) If a severe hardship would be caused by the time period involved in obtaining a full variance.
(2) If the emergency is of an unforeseen nature so as to preclude a full variance because of time limitations.
(3) If all conditions comply with those required for a full variance.
(4) For a period not to exceed 60 days, not to be extended more than once.
(b) The granting of any temporary emergency variance shall be published within 5 days of the granting in a newspaper of general circulation once a week for 2 weeks in the county where the applicant resides.
63 Del. Laws, c. 369, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 71. NOISE CONTROL AND ABATEMENT › Subchapter I. Nonvehicle Provisions › § 7111. Testimony at hearings.

§ 7111. Testimony at hearings.
Testimony taken at any hearing shall be under oath and recorded stenographically, but the parties shall not be bound by the strict rules of evidence prevailing in the courts of law and equity. True copies of any transcript and of any other record made of or at such hearings shall be furnished to any party thereto upon request, and at such party's expense. Applicants shall pay for any and all stenographer's fees and, if requested, copies of the transcript.
60 Del. Laws, c. 648, §  1;  63 Del. Laws, c. 369, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 71. NOISE CONTROL AND ABATEMENT › Subchapter I. Nonvehicle Provisions › § 7112. Conduct of hearings.

§ 7112. Conduct of hearings.
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.
60 Del. Laws, c. 648, §  1;  63 Del. Laws, c. 369, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 71. NOISE CONTROL AND ABATEMENT › Subchapter I. Nonvehicle Provisions › § 7113. Appeals of final orders.

§ 7113. Appeals of final orders.
(a) Any person or persons who jointly or severally are substantially affected and aggrieved by any final order or variance of the Department, or any taxpayer, or any officer, department, board or bureau of the State may appeal that order to the State Environmental Appeals Board and to the Superior Court as provided in §§ 6008 and 6009 of this title except that the word “variance” shall be substituted for the word “permit” in § 6008(b) and (c) of this title.
(b) No appeal shall operate to stay automatically any action of the Secretary, but upon application, and for good cause, the Secretary or the Court of Chancery may stay the action pending disposition of the appeal.
60 Del. Laws, c. 648, §  1;  63 Del. Laws, c. 369, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 71. NOISE CONTROL AND ABATEMENT › Subchapter II. Motor Vehicles › § 7120. Powers and duties of Department of Safety and Homeland Security.

§ 7120. Powers and duties of Department of Safety and Homeland Security.
(a) The Department of Safety and Homeland Security, after consideration with the Secretary of the Department of Transportation and upon approval of the Secretary of the Department of Natural Resources and Environmental Control, shall have the power and its duty shall be to:
(1) Adopt regulations, after public hearing, establishing the standards, test procedures and instrumentation to be utilized in the control of noise from motor vehicles;
(2) Adopt regulations, after public hearing, necessary for the inspection of motor vehicles, including noise control and abatement equipment to assure compliance with the noise standards promulgated by the Department.
(b) For any public hearings required by this subchapter, the procedure shall conform to the procedure established in § 6006 of this title.
60 Del. Laws, c. 648, §  1;  63 Del. Laws, c. 369, §  1;  74 Del. Laws, c. 110, §  138;  84 Del. Laws, c. 23, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 71. NOISE CONTROL AND ABATEMENT › Subchapter II. Motor Vehicles › § 7121. Motor vehicle noise inspection.

§ 7121. Motor vehicle noise 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 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.
60 Del. Laws, c. 648, §  1;  63 Del. Laws, c. 369, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 71. NOISE CONTROL AND ABATEMENT › Subchapter II. Motor Vehicles › § 7122. Motor vehicle violations; enforcement.

§ 7122. Motor vehicle violations; enforcement.
Any person who operates a motor vehicle or owns a motor vehicle which he or she permits to be operated upon public highways of this State which generates noise in excess of standards adopted by the Department of Safety and Homeland Security shall be fined not less than $25 nor more than $1,000, which shall be enforced in accordance with Chapter 7 of Title 21.
60 Del. Laws, c. 648, §  1;  63 Del. Laws, c. 369, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 110, §  138;
2023 Delaware Code › Title 7 - Conservation › Chapter 71. NOISE CONTROL AND ABATEMENT › Subchapter II. Motor Vehicles › § 7123. Liberal interpretation.

§ 7123. Liberal interpretation.
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.
60 Del. Laws, c. 648, §  1;  63 Del. Laws, c. 369, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 71. NOISE CONTROL AND ABATEMENT › Subchapter II. Motor Vehicles › § 7124. Other ordinances or remedies.

§ 7124. Other ordinances or remedies.
(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.
60 Del. Laws, c. 648, §  1;  63 Del. Laws, c. 369, §  1;  70 Del. Laws, c. 149, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 71. NOISE CONTROL AND ABATEMENT › Subchapter II. Motor Vehicles › § 7125. Exemptions.

§ 7125. Exemptions.
(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.
60 Del. Laws, c. 648, §  1;  63 Del. Laws, c. 369, §  1;  70 Del. Laws, c. 186, §  1;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 7 - Conservation › Chapter 72. SUBAQUEOUS LANDS › § 7207. Application [Effective until Jan. 17, 2024].

§ 7207. Application [Effective until Jan. 17, 2024].
(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;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 72. SUBAQUEOUS LANDS › § 7207. Application [Effective Jan. 17, 2024].

§ 7207. Application [Effective Jan. 17, 2024].
(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 the Secretary to consider the application properly. The Secretary may require an environmental assessment to be provided if the Secretary 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 post on the Department's website and advertise in a daily newspaper of statewide circulation and in a newspaper of general circulation in the county in which the activity is proposed, notice that complies with the provisions of § 8032 of Title 29 and contains the following:
(1) The fact that the application has been received;
(2) A brief description of the nature of the application; and
(3) A statement that any interested person may submit a written public hearing request expressing opposition to the application.
(e) If the Secretary decides that a public hearing request is not meritorious, the Secretary shall then provide a written response so stating the Secretary's reasons.
65 Del. Laws, c. 508, §  2;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 103, § 4;
2023 Delaware Code › Title 7 - Conservation › Chapter 72. SUBAQUEOUS LANDS › § 7208. Hearing [Effective until Jan. 17, 2024].

§ 7208. Hearing [Effective until Jan. 17, 2024].
(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;
2023 Delaware Code › Title 7 - Conservation › Chapter 72. SUBAQUEOUS LANDS › § 7208. Hearing [Effective Jan. 17, 2024].

§ 7208. Hearing [Effective Jan. 17, 2024].
(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 public hearing request expressing opposition 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;  84 Del. Laws, c. 103, § 4;
2023 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;