reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 7 - Conservation › Chapter 43. DREDGING AND MANAGEMENT OF LAGOONS › Subchapter V. Taxation › § 4364. Warrants by tax lagoons for collection of taxes — Duties of receiver of taxes and county treasurer.

§ 4364. Warrants by tax lagoons for collection of taxes — Duties of receiver of taxes and county treasurer.
All taxes levied by any tax lagoon organized under this chapter shall be collected by the receiver of taxes and county treasurer in the county or counties wherein the lands taxed are located. The receiver of taxes and county treasurer shall accept tax warrants in proper form from such tax lagoons, shall refer to tax lagoon assessment lists on file with the board of assessment of the county, and shall collect such taxes warranted annually, pursuant to the terms of the warrants, in the same manner as provided by law for the collection of county taxes, and money so collected shall be paid during the months of November, January and July to the receiver designated in the tax warrants. Warrants received not later than May 1 of each year by the receiver of taxes and county treasurer shall be processed to be collected during that same year. Tax warrants marked plainly as being for annual maintenance taxes shall be filed by the receiver of taxes and county treasurer in a special binder, and the same shall be maintained as part of the permanent records of that office. Such annual maintenance taxes shall be deemed to have been levied by the tax lagoon as of April 30 of each year, except the year in which the original or a revised maintenance tax warrant is delivered to the receiver of taxes and county treasurer, in which case the levy shall be effective from and after the date of the delivery of such warrant. Annual maintenance taxes, once warranted, shall be collected yearly by the receiver of taxes and county treasurer, except that an annual maintenance tax shall not be collected during any tax year when another warrant, whether for construction taxes or special taxes, for an identical portion of the tax lagoon is in effect and is being collected. The receiver of taxes and county treasurer shall accept original tax warrants for annual maintenance taxes signed by the chairperson of the lagoon managers and attested by the secretary-treasurer of the tax lagoon. Such warrants may not be withdrawn and may not be revised except with the consent of the county soil conservation district, pursuant to § 4369 of this title.
73 Del. Laws, c. 389, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 43. DREDGING AND MANAGEMENT OF LAGOONS › Subchapter V. Taxation › § 4365. Installment payment of taxes for construction; lien; amount of first installment.

§ 4365. Installment payment of taxes for construction; lien; amount of first installment.
(a) The lagoon managers may order the tax levied for the cost of dredging to be paid in annual installments and shall designate the method of payment on the tax warrant when it is forwarded to the appropriate receiver of taxes and county treasurer.
(b) In the event that the lagoon managers order the tax levied for the cost of construction to be paid in annual installments, the entire tax shall, nevertheless, constitute a present lien on the lands against which it is levied, and the amount of the first installment shall not be less than the sum of all payments for damages and compensation as set forth in the lagoon order, plus the costs and expenses incurred in the formation of a tax lagoon.
73 Del. Laws, c. 389, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 43. DREDGING AND MANAGEMENT OF LAGOONS › Subchapter V. Taxation › § 4366. Taxes as security for loans; notation on tax warrant.

§ 4366. Taxes as security for loans; notation on tax warrant.
A tax lagoon may secure the payment of any loan made to it by entering on the tax warrant provided for in § 4351(5) of this title a statement setting forth the fact that the taxes shown on the tax warrants have been pledged to secure the payment of a certain designated loan, and if a loan is so secured, by reciting the amount and terms of the loan and from whom it is being obtained, and by directing the receiver of taxes and county treasurer to pay any such taxes collected directly to the creditor until the loan is repaid. Such warrant may not be withdrawn and may not be altered or cancelled without the written consent of the creditor until the loan is repaid.
73 Del. Laws, c. 389, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 43. DREDGING AND MANAGEMENT OF LAGOONS › Subchapter V. Taxation › § 4367. Special tax.

§ 4367. Special tax.
A special tax to raise the funds necessary to carry into effect any of the provisions of this chapter and not otherwise provided for herein may be levied by the lagoon managers in the same manner as provided in this chapter for levying taxes for original dredging.
73 Del. Laws, c. 389, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 43. DREDGING AND MANAGEMENT OF LAGOONS › Subchapter V. Taxation › § 4368. Lien of taxes; enforcement.

§ 4368. Lien of taxes; enforcement.
All taxes levied under this chapter shall constitute a first and paramount lien against the lands to which they apply from and after the date of such levy, subject only to the lien for state and county taxes, which lien may be enforced by sale or otherwise in the same manner as the lien for the county taxes. All such taxes shall be collected by the appropriate receiver of taxes and county treasurer as provided in § 4364 of this title. Penalties for failure to make payment by the due date shall apply to taxes levied under this chapter in the same manner and amount as in the case of county taxes, and funds so received shall be credited to the tax lagoon.
73 Del. Laws, c. 389, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 43. DREDGING AND MANAGEMENT OF LAGOONS › Subchapter V. Taxation › § 4369. Adjustment of maintenance tax.

§ 4369. Adjustment of maintenance tax.
When in the opinion of the lagoon managers the amount of the tax levied to defray the cost of maintenance is either insufficient or excessive, they may raise or lower the same for the current and succeeding years with the consent of the Division of Watershed Stewardship. If the annual maintenance tax is so raised or lowered, it shall be apportioned to each landowner in accordance with § 4362 of this title and a new maintenance tax warrant shall be delivered to the appropriate receiver of taxes and county treasurer.
73 Del. Laws, c. 389, §  1;  77 Del. Laws, c. 430, §  50;
2023 Delaware Code › Title 7 - Conservation › Chapter 43. DREDGING AND MANAGEMENT OF LAGOONS › Subchapter V. Taxation › § 4370. Limitation on liability of landowner for taxes.

§ 4370. Limitation on liability of landowner for taxes.
No landowner shall be liable in any manner for any taxes levied by the tax lagoon against the lands of another owner.
73 Del. Laws, c. 389, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 43. DREDGING AND MANAGEMENT OF LAGOONS › Subchapter VI. General Provisions › § 4381. Payment of damages and compensation.

§ 4381. Payment of damages and compensation.
The damages and compensation awarded by the terms of the tax lagoon order shall be paid to the person entitled thereto out of the first funds available to the tax lagoon under this chapter, and no construction shall commence until said damages and compensation have been paid.
73 Del. Laws, c. 389, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 43. DREDGING AND MANAGEMENT OF LAGOONS › Subchapter VI. General Provisions › § 4382. Obstruction of or damage to tax lagoon; civil and criminal liability.

§ 4382. Obstruction of or damage to tax lagoon; civil and criminal liability.
(a) If any person wilfully or negligently obstructs or damages any part of a tax lagoon and upon request of the lagoon managers fails to remove the obstruction or to repair the damage at the person's own expense, the lagoon managers shall see that the obstruction is removed and that the damage is repaired.
(b) The person so obstructing or damaging the tax lagoon shall be liable for all loss or injury caused thereby and the expenses or charges for remedying the same, and said loss or injury, expenses or charges may be sued for and recovered by the lagoon managers in the name of the tax lagoon before any justice of the peace in the county where the obstruction or damage occurred.
(c) Whoever wilfully obstructs or damages any part of a tax lagoon, as specified in subsection (a) of this section, or wilfully interferes in any way with tax lagoon operations as provided for in this chapter or in a tax lagoon order made pursuant to this chapter shall be fined not more than $100.
73 Del. Laws, c. 389, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 43. DREDGING AND MANAGEMENT OF LAGOONS › Subchapter VI. General Provisions › § 4383. Right of entry upon lands.

§ 4383. Right of entry upon lands.
The Division of Watershed Stewardship, engineering personnel hired under § 4334 of this title, the Department of Natural Resources and Environmental Control, the lagoon management commissioners, the lagoon managers, or any of their employees or agents may enter upon any lands within the tax lagoon at all reasonable times in order to carry out the purpose of this chapter.
73 Del. Laws, c. 389, §  1;  77 Del. Laws, c. 430, §  52;
2023 Delaware Code › Title 7 - Conservation › Chapter 43. DREDGING AND MANAGEMENT OF LAGOONS › Subchapter VI. General Provisions › § 4384. Addition of territory to a tax lagoon.

§ 4384. Addition of territory to a tax lagoon.
(a) Any landowner who desires that landowner's own lands to be included within a tax lagoon formed under this chapter may present a petition for an amendment to the existing lagoon order to include such lands to the Superior Court of the county which issued said lagoon order through the board of supervisors of the soil conservation district of the same county, and the procedure shall be substantially the same as the method in § 4385(3) of this title for amending a lagoon order, except that in addition to establishing an assessment base which will be the basis for all future lagoon taxes, for each parcel of land being included within the tax lagoon, a special assessment, based generally on the approximate total amount of taxes that would have been levied against such parcels of land since the tax lagoon was formed had such lands been within the original boundaries of said tax lagoon and other considerations, shall be determined by the board of lagoon commissioners and payment thereof prescribed in their report to the Superior Court.
(b) In those cases when any landowner, directly or indirectly, alters lands to utilize any part of a tax lagoon to benefit land which is not within the original boundary of the tax lagoon as established in the lagoon order and which was not assessed as part of the tax lagoon, or which was not assessed to the prong or part of the tax lagoon utilized by the alteration, and when the landowner or owners have not secured an amendment to the lagoon order in accordance with the procedure set forth in subsection (a) of this section, it shall be assumed that such landowner accepts the liability for payment of a special assessment and costs incurred in processing an amendment to the lagoon order, in addition to all future lagoon taxes, and it shall be the duty of the lagoon managers in the name of the tax lagoon to present a petition for an amendment to the existing lagoon order to include such lands, in the same manner as set forth in subsection (a) of this section, and the procedure shall be the same as outlined in that subsection, except that estimated costs of processing the amendment shall be added to the special assessment, which will be established by the board of lagoon management commissioners.
(c) In those cases when any landowner desires that landowner's own lands to be included within a tax lagoon and when agreement can be reached on the part of the landowner and the tax lagoon managers as to the special assessment to be paid and the assessment base to be established as the basis for all future lagoon taxes, then § 4385(1) or (2) of this title may be used to add the additional territory to the tax lagoon.
73 Del. Laws, c. 389, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 43. DREDGING AND MANAGEMENT OF LAGOONS › Subchapter VI. General Provisions › § 4386. Lagoons near highways.

§ 4386. Lagoons near highways.
The Department of Transportation shall maintain the highway drainage system insofar as is possible in such manner as to prevent silt from such system from obstructing any part of a tax lagoon. If silt enters from the highway system and obstructs a tax lagoon, the Department of Transportation shall remove the same within a reasonable time after being given notice of such obstruction by the lagoon managers.
73 Del. Laws, c. 389, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 43. DREDGING AND MANAGEMENT OF LAGOONS › Subchapter VI. General Provisions › § 4387. Dissolution of tax lagoon.

§ 4387. Dissolution of tax lagoon.
After a duly called meeting of the taxables at which a majority of all eligible votes have been cast in favor of dissolving a tax lagoon created under this chapter, the lagoon managers shall prepare a petition requesting such dissolution to the Superior Court through the Division of Watershed Stewardship. If the tax lagoon has operated for at least 10 years and if the Division of Watershed Stewardship is of the opinion that the dissolution of such tax lagoon is in the public interest, it shall file the petition therefor, together with the recommendations of the Division of Watershed Stewardship in the office of the prothonotary of the county in which the original lagoon order was issued. After a petition for dissolution has been so filed, the Superior Court shall issue an order dissolving the tax lagoon. No such order of dissolution shall be issued unless and until all obligations of the tax lagoon have been paid in full and all commitments of the tax lagoon have been fulfilled.
73 Del. Laws, c. 389, §  1;  77 Del. Laws, c. 430, §  53;
2023 Delaware Code › Title 7 - Conservation › Chapter 43. DREDGING AND MANAGEMENT OF LAGOONS › Subchapter VI. General Provisions › § 4388. Appropriations to Department of Natural Resources and Environmental Control.

§ 4388. Appropriations to Department of Natural Resources and Environmental Control.
An appropriation to the Department of Natural Resources and Environmental Control for purposes of planning, designing and constructing tax lagoons shall be included in the annual appropriation bill (budget bill) of the General Assembly.
73 Del. Laws, c. 389, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 43. DREDGING AND MANAGEMENT OF LAGOONS › Subchapter VI. General Provisions › § 4389. Notice of right-of-way, or assessment.

§ 4389. Notice of right-of-way, or assessment.
(a) The Department of Natural Resources and Environmental Control shall certify and file with the prothonotary of each county a list of all parcels with county tax parcel numbers and all owners of said parcels of real property located in that county which are subject to any portion of a right-of-way or assessment as part of a tax lagoon created by this chapter. The list shall be in alphabetical order by owner. The Department shall also certify and similarly file a list of any change of parcel numbers subject to such a right-of-way or assessment annually. Additionally, the Department shall certify and similarly file a list of any addition or deletion of a parcel or parcels subject to a right-of-way or assessment immediately upon making any such addition or deletion.
(b) No later than 180 days after complying with subsection (a) of this section the Department shall certify and file with the prothonotary of each county a list of all parcels with county tax parcel numbers and all owners of said parcels listed in alphabetical order and designating which parcels are subject to a right-of-way and assessment and which parcels are subject only to an assessment.
(c) The certified list submitted pursuant to subsection (a) or (b) of this section shall be confirmed by order of the Resident Judge of Superior Court for each county, which order shall:
(1) State the name of the tax lagoon;
(2) State the owner's name(s) and that owner's county tax parcel number for each parcel subject to the right-of-way and assessment and each parcel subject to an assessment only; and
(3) Direct that the order be recorded in the Office of the Recorder of Deeds in and for that county.
(d) There shall be no charge or fee to file the list required by subsection (a) of this section.
(e) There shall be no charge or fee to record the order pursuant to this subsection.
75 Del. Laws, c. 321, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 44. FLOOD MITIGATION STANDARDS › § 4401. Purpose.

§ 4401. Purpose.
It is the purpose of this chapter to:
promote the public health, safety and general welfare, and to:
protect human life, health and welfare; encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future; minimize flooding of water supply and sanitary sewage disposal systems; maintain natural drainage; reduce financial burdens imposed on the State, local community, its governmental units and its residents, by discouraging unwise design and construction of development in areas subject to flooding; minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; minimize prolonged business interruptions; minimize damage to public facilities and other utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges; reinforce that those who build in and occupy special flood hazard areas should assume responsibility for their actions; minimize the impact of development on adjacent properties within and near flood prone areas; provide that the flood storage and conveyance functions of the floodplain are maintained; minimize the impact of development on the natural and beneficial functions of the floodplain; prevent floodplain uses that are either hazardous or environmentally incompatible; and improve drainage standards to reduce threats to community welfare.
78 Del. Laws, c. 183, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 44. FLOOD MITIGATION STANDARDS › § 4402. Definitions.

§ 4402. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them except where the context clearly indicates a different meaning:
(1) “Department” shall mean the Department of Natural Resources and Environmental Control.
(2) “Federal Emergency Management Agency” (“FEMA”):
the federal agency with the overall responsibility for administering the National Flood Insurance Program.
(3) “Flood” or “flooding”:
a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, and/or the unusual and rapid accumulation or runoff of surface waters from any source.
(4) “Secretary” shall mean the Secretary of the Department of Natural Resources and Environmental Control.
(5) “State” shall mean the State of Delaware.
78 Del. Laws, c. 183, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 44. FLOOD MITIGATION STANDARDS › § 4404. Review of standards.

§ 4404. Review of standards.
(a) Within 6 months of the adoption of minimum standards, the 3 county governments and all municipal governments as appropriate shall review and prepare comments regarding their individual codes and ordinances to determine if they are consistent with the minimum standards. Such review and comments shall identify areas where existing requirements meet or exceed these recommendations and standards, do not comply with the standards or are functionally equivalent.
(b) The review and comments from local governments will also identify areas where implementation of these standards would represent a hardship to the local government, and what impediments to adoption of these standards have been identified. The Committee shall develop the framework for conducting such a review and Department of Natural Resources and Environmental Control (DNREC) shall provide technical assistance to local governments in conducting such analysis when requested.
(c) DNREC shall compile the results of the review, develop a draft report, reconvene the Committee to review the draft report and solicit feedback and deliver the final report to the General Assembly no later than March 15, 2013.
78 Del. Laws, c. 183, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 45. PUBLIC LANDS › § 4501. Land warrants.

§ 4501. Land warrants.
All general warrants for locating vacant land without specification, which were not located by survey prior to January 23, 1843, are vacated and void; and all warrants for locating land issued by any recorder since January 11, 1798, are illegal and void.
Code 1852, §  11;  Code 1915, §  11;  Code 1935, §  11;  7 Del. C. 1953, §  4501;
2023 Delaware Code › Title 7 - Conservation › Chapter 45. PUBLIC LANDS › § 4502. Cessions of public land to United States.

§ 4502. Cessions of public land to United States.
All cessions of public land, which have been made to the United States for public purposes, are recognized and ratified according to the terms thereof.
Code 1852, §  14;  Code 1915, §  14;  Code 1935, §  14;  7 Del. C. 1953, §  4504;
2023 Delaware Code › Title 7 - Conservation › Chapter 45. PUBLIC LANDS › § 4503. Location and payment for grants of public lands.

§ 4503. Location and payment for grants of public lands.
All grants of public land made shall be located and paid for within 1 year from the grant, or they shall be void.
Code 1852, §  15;  Code 1915, §  15;  Code 1935, §  15;  7 Del. C. 1953, §  4505;
2023 Delaware Code › Title 7 - Conservation › Chapter 45. PUBLIC LANDS › § 4504. Supervision and control of public lands by Department of Natural Resources and Environmental Control; public beaches; penalty.

§ 4504. Supervision and control of public lands by Department of Natural Resources and Environmental Control; public beaches; penalty.
(a) The public lands of this State, as ascertained in regard to location, surveyed and plotted under the supervision and direction of the Public Lands Commission, created in accordance with Chapter 5, Volume 27, Laws of Delaware, shall be under the supervision and control of the Department of Natural Resources and Environmental Control which Department may care for the public lands. All powers given to said Public Lands Commission shall be exercised by the Department of Natural Resources and Environmental Control.
(b) It shall be unlawful to place, dump or throw rubbish, garbage, refuse, trash or other debris of any kind within any public beach of this State, except in such receptacles as are provided for such purpose. Whoever violates this provision shall be fined not less than $50 nor more than $100, together with costs of prosecution, and in default of payment of the fine and costs shall be subject to § 4105 of Title 11.
All law-enforcement agencies, to include Environmental Protection Officers of the Department of Natural Resources and Environmental Control, shall have equal authority to enforce this section. Justices of the peace shall have jurisdiction of offenses under this section.
36 Del. Laws, c. 2, §  1;  Code 1935, §  5742;  7 Del. C. 1953, §  4506;  57 Del. Laws, c. 617;  59 Del. Laws, c. 417, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 45. PUBLIC LANDS › § 4505. Survey of public lands.

§ 4505. Survey of public lands.
The Department of Natural Resources and Environmental Control may survey such of the public lands that have not been surveyed, plotted and recorded in the office of the recorder of deeds in the county in which any such lands may lie; and may survey and lay off such public highways through any such lands as it deems advisable and for the public good.
36 Del. Laws, c. 2, §  2;  Code 1935, §  5743;  7 Del. C. 1953, §  4507;  57 Del. Laws, c. 617.;
2023 Delaware Code › Title 7 - Conservation › Chapter 45. PUBLIC LANDS › § 4506. Sale of public lands and products.

§ 4506. Sale of public lands and products.
(a) The Department of Natural Resources and Environmental Control may supervise the sale of any material, product or thing which grows or may be grown upon any public lands; divide the public lands into tracts of 50 acres, or less; and sell such tracts, or any part thereof, as deemed advisable to sell.
(b) Any public land sold shall be sold only at public auction after at least 10 days prior public notice. Such public notice shall be given in all 3 counties of this State. Notice in each county shall be given in the same manner required for county tax sales in each respective county, including publication and posting of handbills. Any land so sold shall be sold only to the highest bidder at the sale for the amount of that highest bid.
36 Del. Laws, c. 2, §  2;  Code 1935, §  5743;  7 Del. C. 1953, §  4508;  50 Del. Laws, c. 644;  57 Del. Laws, c. 617.;
2023 Delaware Code › Title 7 - Conservation › Chapter 45. PUBLIC LANDS › § 4507. Delivery of deeds; restrictions therein.

§ 4507. Delivery of deeds; restrictions therein.
The Department of Natural Resources and Environmental Control, together with the Governor of this State, may execute and deliver a good and sufficient deed to any part of the public lands of this State, and may place upon the sale of such lands a restriction requiring the expenditure by any person purchasing the same of a certain amount of money upon any tract sold to them, or may require any other conditions which the Department of Natural Resources and Environmental Control deems advisable for the public good.
36 Del. Laws, c. 2, §  4;  Code 1935, §  5745;  7 Del. C. 1953, §  4509;  57 Del. Laws, c. 617.;
2023 Delaware Code › Title 7 - Conservation › Chapter 45. PUBLIC LANDS › § 4508. Forfeiture of public lands to State.

§ 4508. Forfeiture of public lands to State.
Whoever purchases any of the public lands under any restriction or condition imposed by the Department of Natural Resources and Environmental Control, and fails for a period of 5 years to comply with the restrictions or conditions mentioned in the deed of grant from the Department, forfeits such lands to the State, and the title to such lands shall thereafter rest in the State.
36 Del. Laws, c. 2, §  4;  Code 1935, §  5745;  7 Del. C. 1953, §  4510;  57 Del. Laws, c. 617.;
2023 Delaware Code › Title 7 - Conservation › Chapter 45. PUBLIC LANDS › § 4509. Improvement of public lands.

§ 4509. Improvement of public lands.
(a) The Department of Natural Resources and Environmental Control may make improvements to and on any public lands of this State and may expend any sums appropriated therefor on such lands.
(b) The Department of Natural Resources and Environmental Control may lease or grant concessions for any such improvements.
(c) All funds collected from such rentals or concessions shall be treated in the same manner as income received from public lands as provided in § 4515 of this title.
Code 1935, §  5746B;  46 Del. Laws, c. 233, §  1;  7 Del. C. 1953, §  4511;  57 Del. Laws, c. 617.;
2023 Delaware Code › Title 7 - Conservation › Chapter 45. PUBLIC LANDS › § 4510. Lease of public lands; forfeiture of lease.

§ 4510. Lease of public lands; forfeiture of lease.
The Department of Natural Resources and Environmental Control together with the Governor of this State, may execute and deliver, in proper form, a lease of any part of the public lands of this State, which public lands are under the supervision and control of the Department of Natural Resources and Environmental Control by virtue of this chapter. The demise and lease of such lands may be upon such conditions and for such rentals as the Department of Natural Resources and Environmental Control deems advisable for the public good. Whoever leases any of the lands under any restrictions or conditions of the Department of Natural Resources and Environmental Control and fails to comply with the restrictions or conditions mentioned in the lease from the Department forfeits the leasehold interest granted by the lease.
Code 1935, §  5746A;  45 Del. Laws, c. 272, §  1;  7 Del. C. 1953, §  4512;  57 Del. Laws, c. 617.;
2023 Delaware Code › Title 7 - Conservation › Chapter 45. PUBLIC LANDS › § 4511. Lease of mineral rights in public lands; utility rights.

§ 4511. Lease of mineral rights in public lands; utility rights.
The power granted to the Department of Natural Resources and Environmental Control to lease the public lands shall include the right of the Department, together with the Governor of this State, to execute and deliver, in proper form, a lease for the exclusive right of mining, exploring by geophysical and other methods, and operating for and producing therefrom, oil, gas, casing head gas, casing head gasoline, laying pipelines, telephone and telegraph lines and building tanks, power stations, gasoline plants, ponds and roadways, and the exclusive right of injecting water, brine and other fluids into the subsurface strata of the public lands so demised.
Code 1935, §  5746A;  45 Del. Laws, c. 272, §  1;  7 Del. C. 1953, §  4513;  57 Del. Laws, c. 617.;
2023 Delaware Code › Title 7 - Conservation › Chapter 45. PUBLIC LANDS › § 4512. Rent from lease of public lands.

§ 4512. Rent from lease of public lands.
All funds received as rent in connection with the leasing of public lands under §§ 4510 and 4511 of this title shall be payable to the State Treasurer and kept by him or her in a special account known as the “Department of Natural Resources and Environmental Control Public Lands Account,” and such funds shall not become a part of the General Fund of the State except as hereinafter provided. The Department may expend money payable out of the special account for the protection, improvement or restoration of lands demised or of lands adjacent to any public lands demised. Any balance remaining from the rentals of any public land in the special account and unencumbered at the end of any fiscal year reverts to the General Fund. Such funds shall not be encumbered for any purpose whatsoever except for the purposes hereinabove provided.
Code 1935, §  5746A;  45 Del. Laws, c. 272, §  1;  7 Del. C. 1953, §  4514;  57 Del. Laws, c. 617;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 45. PUBLIC LANDS › § 4513. Prohibitions against leasing of oyster beds.

§ 4513. Prohibitions against leasing of oyster beds.
Nothing in this chapter shall be construed as authorizing or empowering the Department of Natural Resources and Environmental Control to lease any land which is used as an oyster plantation, oyster bed or oyster bottom, nor shall the Department demise any land, the use of which would affect any adjacent oyster plantation, bed or bottom in the planting, propagation, catching or taking of oysters.
Code 1935, §  5746A;  45 Del. Laws, c. 272, §  1;  7 Del. C. 1953, §  4515;  57 Del. Laws, c. 617.;
2023 Delaware Code › Title 7 - Conservation › Chapter 45. PUBLIC LANDS › § 4514. Highways through public lands.

§ 4514. Highways through public lands.
The Department of Natural Resources and Environmental Control may construct any roads leading to or through any public lands which are under the supervision and control of the Department; may make plans and specifications for the construction of such roads and secure bids for the construction of the same; may enter into contracts for the construction of such roads as are deemed wise; and may pay the costs of the plans, specifications and construction work incident to the building of such roads out of any moneys to the credit of the Department in the State Treasury.
36 Del. Laws, c. 2, §  3;  Code 1935, §  5744;  7 Del. C. 1953, §  4516;  57 Del. Laws, c. 617.;
2023 Delaware Code › Title 7 - Conservation › Chapter 45. PUBLIC LANDS › § 4515. Credit of moneys for Department of Natural Resources and Environmental Control.

§ 4515. Credit of moneys for Department of Natural Resources and Environmental Control.
In order that the Department of Natural Resources and Environmental Control may carry out this chapter, all moneys, other than appropriated by the General Assembly, realized from the care and supervision of public lands of this State shall be deposited with the State Treasurer for the use of the Department in carrying out this chapter.
36 Del. Laws, c. 2, §  5;  Code 1935, §  5746;  7 Del. C. 1953, §  4517;  57 Del. Laws, c. 617.;
2023 Delaware Code › Title 7 - Conservation › Chapter 45. PUBLIC LANDS › § 4516. Public money expended for roads.

§ 4516. Public money expended for roads.
No public money shall be expended under this chapter on any roads leading to or through any public lands of this State with privately owned lands abutting thereon unless and until the owners of the abutting lands have reached or entered into an agreement with the Department as to whether or not a contribution toward the cost of such roads shall be made by said owner of such lands.
36 Del. Laws, c. 2, §  5;  Code 1935, §  5746;  7 Del. C. 1953, §  4518;
2023 Delaware Code › Title 7 - Conservation › Chapter 45. PUBLIC LANDS › § 4517. Power of Department of Natural Resources and Environmental Control.

§ 4517. Power of Department of Natural Resources and Environmental Control.
(a) Nothing contained in this chapter shall prohibit or limit in any way the power and authority granted unto the Department of Natural Resources and Environmental Control to develop, establish and maintain state parks on the public lands of the State in Sussex County bordering on the Atlantic Ocean as such power and authority is set forth in Chapter 47 of this title.
(b) Anything contained in this chapter to the contrary notwithstanding, the Department of Natural Resources and Environmental Control shall not convey, lease or extend or renew any lease of lands upon which the Department of Natural Resources and Environmental Control has established a state park, except with the approval of the Department of Natural Resources and Environmental Control.
Code 1935, §  5746A;  47 Del. Laws, c. 287, §  1;  7 Del. C. 1953, §  4519;  57 Del. Laws, c. 617;  57 Del. Laws, c. 739, §  121;
2023 Delaware Code › Title 7 - Conservation › Chapter 45. PUBLIC LANDS › § 4518. Sale of public lands.

§ 4518. Sale of public lands.
(a) All lands to which this State directly or indirectly holds title, whether legal, equitable or both, shall be deemed public lands within the meaning of this chapter, except lands purchased or held by the State Housing Department for improvement and/or redevelopment and resale.
(b) The State Highway Department shall not exercise any power vested in it by this chapter over public lands which are under the supervision and control of any other agency of this State, without first obtaining the consent of such agency, any other section of this chapter to the contrary notwithstanding, except that nothing in this section shall affect the power of condemnation held by the State Highway Department. Except as limited by subsection (c) of this section, every agency of this State may exercise as before its authority over public lands under its supervision and control.
(c) Nothing in this section shall be construed to prohibit the Division of Highways and Transportation, its successor or successors from selling, transferring, conveying, trading or leasing lands which it no longer needs for highway purposes as is provided in §§ 137, 175 and 608(g) [repealed] of Title 17.
(d) No public lands, except as hereinabove set forth and except lands or buildings for which title is held by a reorganized school district, shall be transferred or conveyed to or otherwise placed under the control of any person or persons, state, county, or municipality or any governmental agency, whether foreign or domestic, having the power to sell or lease such lands unless the General Assembly specifically approves the same and unless done in conformity with the requirements of this chapter.
7 Del. C. 1953, §  4520;  57 Del. Laws, c. 332, §  1;  58 Del. Laws, c. 246;  63 Del. Laws, c. 209, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 45. PUBLIC LANDS › § 4519. Title or interest in public lands obtainable only by deed, conveyance or written instrument.

§ 4519. Title or interest in public lands obtainable only by deed, conveyance or written instrument.
No title or other interest in real property belonging to the State shall be acquired by adverse possession, presumed grant or any means other than by a deed or conveyance or other written instrument of transfer executed by a duly authorized official of the State pursuant to state law.
63 Del. Laws, c. 401, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 45. PUBLIC LANDS › § 4520. Liability for costs and expenses incurred by State in defeating claims to public lands.

§ 4520. Liability for costs and expenses incurred by State in defeating claims to public lands.
(a) Any person who asserts a claim to any interest in any part of the public lands of the State for which a plot or description has been recorded with the Recorder of Deeds in and for the county in which the lands are situate shall, if the State is successful in defeating such claim or any part thereof through any judicial proceeding, be liable for all costs and expenses of the State incurred in defeating the claim or any part thereof, including, without limitation, investigative costs, administrative costs, salaries of state employees, surveying costs, engineering costs, title search fees, attorneys' fees of privately retained counsel and attorneys of the Department of Justice, consultant fees and contract costs; provided however, that such cost and expense recovery should not be provided if the claim has substantial merit.
(b) For purposes of this section, the term “person” shall include any individual, group of individuals, firm, association, partnership, company, corporation, joint-venture, trust, estate or other legal entity. Any liability for costs and expenses imposed under this section on any corporation shall also be imposed jointly and severally on the officers and directors of such corporation in their individual capacities.
(c) In order to recover costs and expenses under this section, the State shall, within 45 days of the entry of the final order or judgment, file a petition with the court which exercised jurisdiction over the matter, which petition shall set forth a statement of the costs and expenses incurred by the State.
66 Del. Laws, c. 239, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 45. PUBLIC LANDS › § 4521. Zoning and use.

§ 4521. Zoning and use.
Notwithstanding any provision of this chapter to the contrary, no state park, or any part thereof, open space as defined in § 7504 of this title, or other area acquired primarily for recreational use, shall be rezoned, neither shall there be a change in the use of any such lands requiring a variance or subdivision approval, except upon 45 days prior notice to all elected members of the General Assembly in whose district such lands, or any part thereof, lie.
72 Del. Laws, c. 156, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 45. PUBLIC LANDS › § 4522. Resident curatorship agreements

§ 4522. Resident curatorship agreements
The Department of Natural Resources and Environmental Control, may execute and deliver an agreement that creates a nontransferrable life estate for individuals, or an agreement of up to 30 years in length for corporate or governmental entities, to any historic structure on the public lands of this State, for the renovation, use, and ongoing maintenance of said structure and may place upon the use of such structure any restriction requiring specific commitments or expenditures or may require any other conditions which the Department of Natural Resources and Environmental Control deems advisable for the public good.
(1) The agreement may include use of the curtilage or other areas around the historic structure, including any accessory buildings, sheds, or garages, as may be necessary to properly use the historic structure for its intended purpose.
(2) The structure must be restored to the applicable National Park Service Secretary of Interior Standards where it is deemed feasible by the Department of Natural Resources and Environmental Control.
(3) Chapter 53 of Title 25 of the Delaware Code shall not apply to agreements executed under this section.
(4) Any qualifying expenditures in excess of the fair market value of the rent of the structure and grounds over the expected life of the agreement shall be eligible for land and historic resource tax credits under Chapter 18 of Title 30.
(5) Any interest in the structure created by and agreement under this section shall be insurable up to the total value of the expenditures on the structure, pro-rated for the expected life of the agreement.
(6) The Department of Natural Resources and Environmental Control shall adopt any necessary rules and regulations to implement this section.
81 Del. Laws, c. 309, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 45. PUBLIC LANDS › § 4523. Warner Grant Trust Lands.

§ 4523. Warner Grant Trust Lands.
(a) For purposes of this section, “Warner Grant Trust Lands” means as established under Chapter 108 of Volume 62 of the Laws of Delaware, as amended by Chapter 99 of Volume 72 of the Laws of Delaware and 84 Del. Laws, c. 236.
(b) The Department of Natural Resources and Environmental Control shall administer the Warner Grant Trust Lands as required under Chapter 108 of Volume 62 of the Laws of Delaware, as amended by Chapter 99 of Volume 72 of the Laws of Delaware and 84 Del. Laws, c. 236.
(c) Section 4517(a) of this title does not apply to this section.
84 Del. Laws, c. 236, § 2;
2023 Delaware Code › Title 7 - Conservation › Chapter 47. STATE PARKS › Subchapter I. General Provisions › § 4703. Fort Delaware State Park.

§ 4703. Fort Delaware State Park.
(a) Pea Patch Island is declared to be a state park under the name of Fort Delaware State Park.
(b) The Department of Natural Resources and Environmental Control shall repair Fort Delaware and shall thereafter maintain the same in a condition fit for visitation by the general public, and shall arrange and provide transportation facilities for such purpose.
(c) The Department of Natural Resources and Environmental Control shall establish and collect reasonable fees and charges for transportation to the said park and visitation therein; all such fees and charges received by the said Department of Natural Resources and Environmental Control and any other funds received by it, except state appropriations, for the support of Fort Delaware State Park shall be paid to the State Treasurer, who shall retain the same in a special fund, to be expended upon proper vouchers of the Department of Natural Resources and Environmental Control only for the purpose of carrying out this section.
(d) The officers of the Fort Delaware Society are named as an advisory board to the Department of Natural Resources and Environmental Control to make such recommendations for the care and maintenance of Fort Delaware State Park as they see fit.
48 Del. Laws, c. 373, §§  1, 2;  7 Del. C. 1953, §  4723;  50 Del. Laws, c. 402, §  1;  57 Del. Laws, c. 739, §  127;
2023 Delaware Code › Title 7 - Conservation › Chapter 47. STATE PARKS › Subchapter I. General Provisions › § 4704. Trap Pond Project.

§ 4704. Trap Pond Project.
The Department of Natural Resources and Environmental Control shall supervise and maintain the area known as the Trap Pond Project, located in Sussex County, consisting of approximately 1,000 acres, as a state park.
48 Del. Laws, c. 360, §§  1, 2;  7 Del. C. 1953, §  4724;  57 Del. Laws, c. 739, §  128;
2023 Delaware Code › Title 7 - Conservation › Chapter 47. STATE PARKS › Subchapter I. General Provisions › § 4705. Licensing agents; service charge; regulations.

§ 4705. Licensing agents; service charge; regulations.
(a) The Department may authorize as many qualified persons as licensing agents as it deems necessary to effectuate the efficient distribution of state park permits.
(b) Licensing agents may add a service charge to the required fee for a state park permit, provided the service charge does not exceed $2.50 for an annual permit or daily permit book or $5.00 for a surf fishing vehicle permit. Such service charges, if imposed, shall be posted by the licensing agent and shall be clearly visible to prospective purchasers.
(c) The Secretary may adopt, amend, modify or repeal rules and regulations to effectuate the policy and purpose of this section.
71 Del. Laws, c. 443, §  5;  83 Del. Laws, c. 485, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 47. STATE PARKS › Subchapter I. General Provisions › § 4706. Zoning and use.

§ 4706. Zoning and use.
Notwithstanding any provision of this chapter to the contrary, no state park, or any part thereof, or other area acquired primarily for recreational use, shall be rezoned, neither shall there be a change in the use of any such lands requiring a variance or subdivision approval, except upon 45 days prior notice to all elected members of the General Assembly in whose district such lands, or any part thereof, lie.
72 Del. Laws, c. 156, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 47. STATE PARKS › Subchapter II. The Fort DuPont Redevelopment and Preservation Act › § 4730. Short title.

§ 4730. Short title.
This subchapter shall be known, and may be cited, as “The Fort DuPont Redevelopment and Preservation Act.”
79 Del. Laws, c. 361, §  1;  83 Del. Laws, c. 302, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 47. STATE PARKS › Subchapter II. The Fort DuPont Redevelopment and Preservation Act › § 4731. Declaration of purpose.

§ 4731. Declaration of purpose.
The General Assembly declares the following to be the policy and purpose of this subchapter:
(1) The Fort DuPont Complex, located along the Delaware River adjacent to Delaware City, is currently underutilized but has enormous potential as a sustainable, mixed-use community;
(2) To preserve and protect the historical and recreational amenities within the Fort DuPont Complex and to expand economic opportunities therein, additional capital will be required to improve infrastructure, renovate certain historic structures, and make additional improvements to said Complex;
(3) Redevelopment and renovation of the Fort DuPont Complex is both desirable and necessary, provided that:
a. The Fort DuPont Complex will remain a public destination, with its historic, natural, and recreational resources maintained for public enjoyment;
b. Fort DuPont's National Register status (where applicable) will be maintained, and historic building and landscape resources will be rehabilitated and reused to the extent possible;
c. Redevelopment and infill will be concentrated within several defined areas, and will be complementary to existing historic buildings and landscapes;
d. Fort DuPont and Delaware City will grow together as “one city” with strong physical and visual connections and complementary land uses;
e. Diverse land and building uses will be supported at Fort DuPont to achieve a shared vision for a “live-work-learn-play-and-visit” community; and
f. Community engagement will continue to be a key component for ongoing planning for Fort DuPont's future.
(4) In light of the foregoing, it is in the best interest of the State to enable the creation of an entity to manage, oversee, and implement the redevelopment and preservation of the Fort DuPont Complex in accordance with the Redevelopment Plan and the provisions of this subchapter.
79 Del. Laws, c. 361, §  1;  83 Del. Laws, c. 302, § 1;