reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter II. Recycling and Waste Reduction › § 6457. Funding.

§ 6457. Funding.
Except as specifically provided otherwise for the operation of recycling centers under § 6454 of this title, the costs of implementing programs related to recycling and waste reduction may be funded to the fullest extent authorized for other Authority activities under the provisions of this subchapter.
67 Del. Laws, c. 432, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter II. Recycling and Waste Reduction › § 6458. Marketing of recyclable materials.

§ 6458. Marketing of recyclable materials.
The Authority shall be entitled to obtain, develop, create and promote state, national and international markets for usable materials recovered from recycling and resources recovery activities. The Authority shall seek to obtain the best available pricing for recovered materials, with due consideration to other pertinent factors, under short or long term arrangements as deemed appropriate by the Authority. The Authority shall be entitled to offer incentives to develop markets for recovered materials.
67 Del. Laws, c. 432, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter II. Recycling and Waste Reduction › § 6459. Annual report.

§ 6459. Annual report.
The Authority's annual report submitted under § 6416 of this title shall set forth its operations and transactions involving recycling and waste reduction, and shall include information pertaining to the advice, assistance, and cooperative efforts extended by the Department of Natural Resources and Environmental Control to the Authority regarding the recycling and waste reduction program. The Authority shall also include in the independent audit of its fiscal affairs those matters related to its activities involving recycling and waste reduction.
67 Del. Laws, c. 432, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 64. DELAWARE SOLID WASTE AUTHORITY › Subchapter II. Recycling and Waste Reduction › § 6460. Energy resource recovery study — Kent and Sussex Counties.

§ 6460. Energy resource recovery study — Kent and Sussex Counties.
In addition to the requirements of § 6429 of this title, the Authority is directed to undertake a feasibility analysis of establishing separate material and energy recovery facilities to Kent County and Sussex County independently. Such analysis shall include consideration of the availability of solid waste material, the market for recovered materials and energy, the effect of other recycling and waste reduction measures, general project economics and environmental impacts. The Authority shall not be entitled to proceed with a material and energy recovery facility under the provisions of § 6429 of this title until such time that the feasibility study required hereunder is filed with the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives. Such feasibility analysis shall be completed and filed no later than January 15, 1991.
67 Del. Laws, c. 432, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 65. DELAWARE RIVER BASIN COMPACT › Subchapter II. Effectuation › § 6511. Compact; actions by Governor.

§ 6511. Compact; actions by Governor.
The Governor may act to effectuate the Compact and the initial organization and operation of the Commission thereunder.
7 Del. C. 1953, §  6512;  53 Del. Laws, c. 71;  55 Del. Laws, c. 442, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 66. WETLANDS › § 6602. Purpose.

§ 6602. Purpose.
It is declared that much of the wetlands of this State have been lost or despoiled by unregulated dredging, dumping, filling and like activities and that the remaining wetlands of this State are in jeopardy of being lost or despoiled by these and other activities; that such loss or despoliation will adversely affect, if not entirely eliminate, the value of such wetlands as sources of nutrients to finfish, crustacea and shellfish of significant economic value; that such loss or despoliation will destroy such wetlands as habitats for plants and animals of significant economic and ecological value and will eliminate or substantially reduce marine commerce, recreation and aesthetic enjoyment; that such loss or despoliation will, in most cases, disturb the natural ability of wetlands to reduce flood damage and adversely affect the public health and welfare; that such loss or despoliation will substantially reduce the capacity of such wetlands to absorb silt and will thus result in the increased silting of channels and harbor areas to the detriment of free navigation. It is hereby determined that the coastal areas of Delaware are the most critical areas for the present and future quality of life in the State and that the preservation of the coastal wetlands is crucial to the protection of the natural environment of these coastal areas. Therefore, it is declared to be the public policy of this State to preserve and protect the productive public and private wetlands and to prevent their despoliation and destruction consistent with the historic right of private ownership of lands.
7 Del. C. 1953, §  6602;  59 Del. Laws, c. 213, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 66. WETLANDS › § 6604. Permit required.

§ 6604. Permit required.
(a) Any activity in the wetlands requires a permit from the Department except the activity or activities exempted by this chapter and no permit may be granted unless the county or municipality having jurisdiction has first approved the activity in question by zoning procedures provided by law.
(b) The Secretary shall consider the following factors prior to issuance of any permit:
(1) Environmental impact, including but not limited to, likely destruction of wetlands and flora and fauna; impact of the site preparation on tidal ebb and flow and the otherwise normal drainage of the area in question, especially as it relates to flood control; impact of the site preparation and proposed activity on land erosion; effect of site preparation and proposed activity on the quality and quantity of tidal waters, surface, ground and subsurface water resources and other resources;
(2) Aesthetic effect, such as the impact on scenic beauty of the surrounding area;
(3) The number and type of public and private supporting facilities required and the impact of such facilities on all factors listed in this subsection;
(4) Effect on neighboring land uses, including but not limited to, public access to tidal waters, recreational areas and effect on adjacent residential and agricultural areas;
(5) State, county and municipal comprehensive plans for the development and/or conservation of their areas of jurisdiction;
(6) Economic effect, including the number of jobs created and the income which will be generated by the wages and salaries of the jobs in relation to the amount of land required, and the amount of tax revenues potentially accruing to the state, county and local governments.
(c) The Secretary may require a bond in an amount and with surety and conditions sufficient to secure compliance with the conditions and limitations, if any, set forth in the permit. The particular amount and the particular conditions of the bond required shall be consistent with and in furtherance of the purposes of this chapter. The Secretary shall state for the record, the basis for the bonding requirements imposed with each permit granted. In the event of a breach of any condition of any such bond, the Attorney General may institute an action in Superior Court upon such bond and prosecute the same to judgment and execution.
7 Del. C. 1953, §  6604;  59 Del. Laws, c. 213, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 66. WETLANDS › § 6605. Preexisting use.

§ 6605. Preexisting use.
Any expansion or extension of a preexisting use requires a permit and no permit may be granted under this chapter unless the county or municipality having jurisdiction has first approved the use in question by zoning procedures provided by law.
7 Del. C. 1953, §  6605;  59 Del. Laws, c. 213, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 66. WETLANDS › § 6606. Exemptions.

§ 6606. Exemptions.
Any of the following activities are exempt from permit requirements:
Mosquito control activities authorized by the Department; construction of directional aids to navigation; duck blinds; foot bridges; the placing of boundary stakes; wildlife nesting structures; grazing of domestic animals; haying; hunting; fishing and trapping.
7 Del. C. 1953, §  6606;  59 Del. Laws, c. 213, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 66. WETLANDS › § 6608. Permit applications [Effective until Jan. 17, 2024].

§ 6608. Permit applications [Effective until Jan. 17, 2024].
(a) Any person desiring to obtain a permit required by § 6604 of this title shall submit an application in such form and accompanied by such plans, specifications and other information as required by applicable regulations.
(b) 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; and
(2) A brief description of the nature of the application.
The Secretary may hold a public hearing with respect to any application if it is deemed to be in the best public interest. The Secretary shall hold a public hearing if he or she receives a written meritorious objection within 20 days of advertisement. A public hearing request shall be deemed meritorious if it exhibits a familiarity with the application and a reasoned statement of the permit's probable impact.
7 Del. C. 1953, §  6608;  59 Del. Laws, c. 213, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 66. WETLANDS › § 6608. Permit applications [Effective Jan. 17, 2024].

§ 6608. Permit applications [Effective Jan. 17, 2024].
(a) Any person desiring to obtain a permit required by § 6604 of this title shall submit an application in such form and accompanied by such plans, specifications and other information as required by applicable regulations.
(b) 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, a notice containing all of the following:
(1) The fact that the application has been received.
(2) A brief description of the nature of the application.
(3) An electronic address where there are instructions for reading the application online. The Department may provide instructions for nonelectronic review of application attachments that are too voluminous to post online.
(c) The Secretary may hold a public hearing with respect to any application if it is deemed to be in the best public interest. The Secretary shall hold a public hearing if the Secretary receives a written meritorious public hearing request expressing opposition to the application within 20 days of advertisement. A public hearing request shall be deemed meritorious if it exhibits a familiarity with the application and a reasoned statement of the permit's probable impact.
7 Del. C. 1953, §  6608;  59 Del. Laws, c. 213, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 103, § 3;
2023 Delaware Code › Title 7 - Conservation › Chapter 66. WETLANDS › § 6609. Public hearings.

§ 6609. Public hearings.
Any public hearing held by the Secretary or the Board concerning a regulation, permit application or alleged violation or appeal shall be conducted as follows:
(1) Notification shall be served upon the applicant, alleged violator, or appellant as summonses are served by registered or certified mail not less than 20 days before the time of said hearing. Not less than 20 days' notice shall also be published in a daily newspaper of general circulation throughout the State and a newspaper of general circulation in the county in which the activity is proposed. Such notice shall also be sent by mail simultaneously to persons who have listed their names and addresses with the Secretary to be notified. Such notice shall also be sent by mail simultaneously to all adjoining property owners. Notice shall outline the area concerned, activity involved, and the location where the application for a permit or other pertinent material is available for inspection.
(2) The permit applicant, alleged violator, or appellant may appear personally or by counsel at the hearing and produce any competent evidence in his or her behalf. The Secretary or the Secretary's duly authorized designee or the Board or its duly authorized designee may administer oaths, examine witnesses and issue, in the name of the Department or the Board, notices of hearings or subpoenae requiring the testimony of witnesses and the production of books, records or other documents relevant to any matter involved in such a hearing; and subpoenae shall also be issued at the request of the applicant or alleged violator. In case of contumacy or refusal to obey a notice of hearing or subpoena under this section, the Superior Court in the county in which the hearing is held shall have jurisdiction, upon application of the Secretary or the Chairperson of the Board, to issue an order requiring such person to appear and testify or produce evidence as the case may require.
(3) A verbatim transcript of testimony at the hearing shall be prepared and shall, along with the exhibits and other documents introduced by the Secretary or other party, constitute the record.
The Secretary or the Secretary's duly authorized designee or the Board or its duly authorized designee shall make findings of fact based on the record. The Secretary or the Board shall then enter such order as will best further the purpose of this chapter, and shall state reasons. The Secretary or the Board shall promptly give written notice to the persons affected by such order.
7 Del. C. 1953, §  6609;  59 Del. Laws, c. 213, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 66. WETLANDS › § 6610. Appeal to Board.

§ 6610. Appeal to Board.
Any person whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board within 20 days after the Secretary has announced the decision.
7 Del. C. 1953, §  6611;  59 Del. Laws, c. 213, §  1;  64 Del. Laws, c. 293, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 66. WETLANDS › § 6612. Appeal from Board's decision.

§ 6612. Appeal from Board's decision.
(a) Any person or persons, jointly or severally affected by any decision or nondecision of the Board, or any taxpayer, or any officer, department, board or bureau of the State, may appeal to the Superior Court in and for the county in which the use in question is wholly or principally located by filing a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Any such appeal shall be perfected within 30 days of the decision of the Board.
(b) The Court may affirm, reverse or modify the Board's decision. The Board's findings of fact shall not be set aside unless the Court determines that the record contains no substantial evidence that would reasonably support the findings. If the Court finds that additional evidence should be taken, the Court may remand the cause to the Board for completion of the record.
7 Del. C. 1953, §  6612;  59 Del. Laws, c. 213, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 66. WETLANDS › § 6613. Taking without just compensation.

§ 6613. Taking without just compensation.
If the Superior Court finds that the action appealed from constitutes a taking without just compensation, it shall invalidate the order and grant appropriate relief, unless the Secretary at this stage, consents to the reversal or modification of his or her decision. However, the Secretary may, through negotiation or condemnation proceedings under Chapter 61 of Title 10, acquire the fee simple or any lesser interest, including but not limited to, a perpetual negative easement or other interest which assures that the affected land shall not thereafter be altered, dredged, dumped upon, filled or otherwise altered subject to any reasonable reservations to the landowner as the Secretary may have stipulated to prior to assessment of damages. A decision of the Superior Court that the action appealed from constitutes a taking without just compensation shall not become effective for 2 years of the date of decision and shall not become effective at all if within that period the Secretary has initiated action to acquire fee simple or any lesser interest in the wetlands in question. A finding of the Superior Court that the denial of a permit or the restrictions imposed by a granted permit constitutes a taking without just compensation shall not affect any land other than that of the petitioning landowner. If the Secretary has not initiated action to acquire fee simple or any lesser interest in the wetlands in question within 2 years from the date of a final court ruling, the permit must be granted as applied.
7 Del. C. 1953, §  6613;  59 Del. Laws, c. 213, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 66. WETLANDS › § 6614. Cease and desist orders.

§ 6614. Cease and desist orders.
The Secretary shall have the power to issue an order to any person violating any rule, regulation or order or permit condition or provision of this chapter to cease and desist from such violation. 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 Secretary, or (3) when the order is suspended by an injunction, whichever occurs first.
7 Del. C. 1953, §  6614;  59 Del. Laws, c. 213, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 66. WETLANDS › § 6615. Injunction.

§ 6615. Injunction.
Action for injunctive relief may be brought by the Secretary to prevent a violation of this chapter or a permit condition. The Court of Chancery may, at its discretion, require bond in the appropriate amount.
7 Del. C. 1953, §  6615;  59 Del. Laws, c. 213, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 66. WETLANDS › § 6616. Right of entry.

§ 6616. Right of entry.
The Secretary or the Secretary's duly authorized designee, in regulating any activity over which he or she has jurisdiction pursuant to this chapter, may enter, at reasonable times, upon any private or public property for the purpose of determining whether a violation exists of a statute or regulation enforceable by him or her, upon giving written notice, and after presenting official identification to the owner, occupant, custodian or agent of said property.
7 Del. C. 1953, §  6616;  59 Del. Laws, c. 213, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 66. WETLANDS › § 6617. Penalties.

§ 6617. Penalties.
(a) Whoever violates this chapter or any rule or regulation duly promulgated thereunder, or any condition of a permit issued pursuant to § 6604 of this title, or any order of the Secretary, shall be subject to enforcement in accordance with § 6005 or § 6013, or both, of this title.
(b)-(d) [Repealed.]
7 Del. C. 1953, §  6617;  59 Del. Laws, c. 213, §  1;  63 Del. Laws, c. 249, §  1;  79 Del. Laws, c. 147, §  3;  80 Del. Laws, c. 391, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 66. WETLANDS › § 6618. Inconsistent laws superseded; all other laws unimpaired.

§ 6618. Inconsistent laws superseded; all other laws unimpaired.
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 an activity in contravention of county or municipal zoning regulations.
7 Del. C. 1953, §  6618;  59 Del. Laws, c. 213, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 66. WETLANDS › § 6619. Liberal construction.

§ 6619. Liberal construction.
This chapter, being necessary for the welfare of the State and its inhabitants, shall be liberally construed in order to preserve the wetlands of the State.
7 Del. C. 1953, §  6619;  59 Del. Laws, c. 213, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 66. WETLANDS › § 6620. Federal aid; other funds.

§ 6620. Federal aid; other funds.
The Department may cooperate with and receive moneys from the federal government, state or local government or any industry or other source. Such moneys received are appropriated and made available for the study and preservation of the wetlands.
7 Del. C. 1953, §  6620;  59 Del. Laws, c. 213, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 66A. NONTIDAL WETLAND STANDARDS › § 6601A. Purpose.

§ 6601A. Purpose.
It is the purpose of this chapter to promote public health, safety, and general welfare through the conservation and restoration of nontidal wetlands, which provide significant public value and critical ecological functions through the mitigation and prevention of flood damage, provision of wildlife habitat, removal of pollutants from water resources, and reduction in costs for governments, residents, and businesses that result when wetlands are degraded.
79 Del. Laws, c. 147, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 66A. NONTIDAL WETLAND STANDARDS › § 6602A. Definitions.

§ 6602A. 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) “Secretary” shall mean the Secretary of the Department of Natural Resources and Environmental Control.
79 Del. Laws, c. 147, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 67. MOTOR VEHICLE EMISSIONS › § 6701. Emission standards required for inspection.

§ 6701. Emission standards required for 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 the inspection, pass such tests as may be required to demonstrate that the motor vehicle complies with any standards and requirements, rules or regulations for the control of air contaminants established by the Department of Natural Resources and Environmental Control which are applicable to such motor vehicle.
7 Del. C. 1953, §  6701;  57 Del. Laws, c. 733.;
2023 Delaware Code › Title 7 - Conservation › Chapter 67. MOTOR VEHICLE EMISSIONS › § 6702. Violations.

§ 6702. Violations.
Any person who operates a motor vehicle, or owns a motor vehicle which he or she permits to be operated, upon the public highways of the State, which emits smoke and other air contaminants in excess of standards, rules or regulations adopted by the Department, shall be fined not less than $50, nor more than $100, which may be enforced in accordance with Title 21.
7 Del. C. 1953, §  6702;  57 Del. Laws, c. 733;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 67. MOTOR VEHICLE EMISSIONS › § 6703. Standards for vehicle emissions.

§ 6703. Standards for vehicle emissions.
The Department shall have the power to formulate and promulgate, amend and repeal codes, rules and regulations establishing standards and requirements for the control of air contaminants from motor vehicles.
7 Del. C. 1953, §  6703;  57 Del. Laws, c. 733.;
2023 Delaware Code › Title 7 - Conservation › Chapter 67. MOTOR VEHICLE EMISSIONS › § 6704. Applications of standards.

§ 6704. Applications of standards.
Any code, rule or regulation establishing standards and requirements for the control of air contaminants from motor vehicles shall be applicable to such classification of motor vehicles as the Department shall determine to be necessary to carry out the purpose of this chapter, and shall apply to such motor vehicles not earlier than 180 days from the date of adoption.
7 Del. C. 1953, §  6704;  57 Del. Laws, c. 733.;
2023 Delaware Code › Title 7 - Conservation › Chapter 67. MOTOR VEHICLE EMISSIONS › § 6705. Application consistent with federal law.

§ 6705. Application consistent with federal law.
Such codes, rules and regulations shall establish standards and requirements for the control of air contaminants from motor vehicles manufactured with air pollution control devices, systems or engine modifications consistent with the requirements of the “National Emission Standards Act” [42 U.S.C. § 7521 et seq.] and any amendments and supplements thereto.
7 Del. C. 1953, §  6705;  57 Del. Laws, c. 733.;
2023 Delaware Code › Title 7 - Conservation › Chapter 67. MOTOR VEHICLE EMISSIONS › § 6706. Standards attainable by properly functioning vehicles.

§ 6706. Standards attainable by properly functioning vehicles.
Such codes, rules and regulations shall establish standards and requirements for the control of air contaminants which can reasonably be attained by properly functioning motor vehicles without the addition of any pollution control devices, systems, or engine modifications; provided such vehicles were not manufactured with pollution control devices, systems, or engine modifications in accordance with the “National Emission Standards Act” [42 U.S.C. § 7521 et seq.].
7 Del. C. 1953, §  6706;  57 Del. Laws, c. 733.;
2023 Delaware Code › Title 7 - Conservation › Chapter 67. MOTOR VEHICLE EMISSIONS › § 6707. Formulation of rules and regulations.

§ 6707. Formulation of rules and regulations.
All codes, rules and regulations shall be formulated and promulgated in the manner provided in Chapter 60 of this title.
7 Del. C. 1953, §  6707;  57 Del. Laws, c. 733.;
2023 Delaware Code › Title 7 - Conservation › Chapter 67. MOTOR VEHICLE EMISSIONS › § 6708. Implementation; Department's standards.

§ 6708. Implementation; Department's standards.
The Division of Motor Vehicles, after consultation with the Department of Natural Resources and Environmental Control, shall institute such testing procedures recommended by Department of Natural Resources and Environmental Control to effectively demonstrate that the emissions from motor vehicles passing through the inspection lanes are in accordance with the standards, codes, rules or regulations of the Department of Natural Resources and Environmental Control.
7 Del. C. 1953, §  6708;  57 Del. Laws, c. 733.;
2023 Delaware Code › Title 7 - Conservation › Chapter 67. MOTOR VEHICLE EMISSIONS › § 6709. Permits for operation of motor vehicles during testing.

§ 6709. Permits for operation of motor vehicles during testing.
The Department of Natural Resources shall issue permits to all certified repair technicians to conduct on-board diagnostic testing of vehicles that are not in compliance with § 2115 of Title 21. The Department may recover costs reasonably related to the issuance of such permits.
77 Del. Laws, c. 293, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 68. BEACH PRESERVATION › § 6801. Purposes.

§ 6801. Purposes.
Beaches of the Atlantic Ocean and Delaware Bay shoreline of Delaware are hereby declared to be valuable natural features which furnish recreational opportunity and provide storm protection for persons and property, as well as being an important economic resource for the people of the State. Beach erosion and shoreline migration occur due to the influence of waves, currents, tides, storms and rising sea level. These natural forces have created, and will continue to alter, the beaches of the State. Development and habitation of beaches must be done with due consideration given to the natural forces impacting upon them and the dynamic nature of those natural features. The purposes of this chapter are to enhance, preserve and protect the public and private beaches of the State, to mitigate beach erosion, to create civil and criminal remedies for acts destructive of beaches, to prescribe the penalties for such acts and to vest in the Department of Natural Resources and Environmental Control (“the Department”) the authority to adopt such rules and regulations it deems necessary to effectuate the purposes of this chapter.
7 Del. C. 1953, §  6801;  58 Del. Laws, c. 566, §  2;  64 Del. Laws, c. 361, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 68. BEACH PRESERVATION › § 6803. Authority to enhance, preserve and protect beaches.

§ 6803. Authority to enhance, preserve and protect beaches.
(a) Authority to enhance, preserve, and protect public and private beaches within the State is vested solely in the Department, except as pertains to archaeological resources on beaches, which are regulated by the Department of State, Division of Historical and Cultural Affairs pursuant to Chapter 53 of this title.
(b) The Department shall prevent and repair damages from erosion of public beaches. To this end, the Department shall, when it deems necessary, provide, construct, reconstruct and maintain groins, jetties, banks, dikes, dunes, bulkheads, seawalls, breakwaters and other facilities or make any other repairs or take any other measures along or upon any public beach or shoreline area in this State. All structures, devices and facilities existing now or in the future which are devoted to the enhancement, preservation and protection of beaches shall be under the sole jurisdiction, management and control of the Department.
(c) The Secretary of the Department shall promulgate rules and regulations to effectuate the purposes of this chapter.
(d) Any person or persons, jointly or severally, or any taxpayer, or any officer, department, board or bureau of the State, aggrieved by any decision of the Secretary, may appeal as provided by law to the Superior Court in and for the county in which the activity in question is wholly or principally located by filing a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Any such appeal shall be on the record and shall be perfected within 30 days of the receipt of the decision of the Secretary.
(e) The Court may affirm, reverse or modify the Secretary's decision. The Secretary's findings of fact shall not be set aside unless the Court determines that the record contains no substantial evidence that would reasonably support the findings. If the Court finds that additional evidence should be taken, the Court may remand the case to the Secretary for completion of the record.
7 Del. C. 1953, §  6803;  58 Del. Laws, c. 566, §  2;  62 Del. Laws, c. 211, §  1;  64 Del. Laws, c. 361, §  1;  75 Del. Laws, c. 153, §  11;
2023 Delaware Code › Title 7 - Conservation › Chapter 68. BEACH PRESERVATION › § 6804. Privately owned beaches.

§ 6804. Privately owned beaches.
The authority of the Department to prevent and repair damages from erosion shall extend to privately owned beaches whenever, in the judgment of the Governor, a dangerous condition constituting an emergency exists in a location specified by the Governor. Before taking any action with respect to a privately owned beach, the Department shall, whenever practicable, give reasonable notice to the owner thereof that a condition of potential emergency must be corrected, and wait a reasonable period of time for the owner to correct the matter. If the owner does not correct the matter, the Department shall do so. The owner shall be liable for all expenses incurred by the Department in correcting a condition of potential emergency.
64 Del. Laws, c. 361, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 68. BEACH PRESERVATION › § 6805. Permits required.

§ 6805. Permits required.
(a) No person shall, without first having obtained a permit or letter of approval from the Department, undertake any activity:
(1) To construct, modify, or reconstruct any structure or facility on any beach seaward of the building line.
(2) To alter, dig, mine, move, remove or deposit any substantial amount of beach or other materials, or cause the significant removal of vegetation, on any beach seaward of the building line which may affect the enhancement, preservation or protection of beaches.
(b) No dune buggy, truck, automobile, motorized bicycle, mechanized vehicle or machine shall be operated on any beach owned in fee simple by the State except in areas designated for such use and then only in accordance with rules and regulations promulgated by the Department. Vehicles utilized for emergency or health and safety measures are excepted from this subsection.
(c) Construction activities landward of the building line on any beach, including construction of any structure or the alteration, digging, mining, moving, removal or deposition of any substantial amount of beach or other materials, shall be permitted only under a letter of approval from the Department.
(d) The Department shall grant or deny a permit or letter of approval required by subsections (a) and (c) of this section in accordance with duly promulgated regulations. If any structure proposed to be built seaward of the building line could reasonably be reduced in size or otherwise altered in order to eliminate or diminish the amount of encroachment over the building line, the Department shall require such reduction or alteration as a condition of granting the permit or letter of approval. Notwithstanding any provision of this section or regulations adopted by the Department, no property owner shall be prevented within the regulated area from repairing, modifying, modernizing, updating, or improving their existing structure, or, by performing such actions, be required to relocate or reduce in size so long as these repairs, modifications, or improvements are within the existing structure's foot print.
64 Del. Laws, c. 361, §  1;  70 Del. Laws, c. 398, §  1;  75 Del. Laws, c. 435, §§  5, 6;  76 Del. Laws, c. 236, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 68. BEACH PRESERVATION › § 6806. Cease and desist orders.

§ 6806. Cease and desist orders.
The Secretary of the Department shall have the power to issue a cease and desist order to any person violating this chapter or rule or regulation promulgated pursuant thereto. Any such cease and desist order shall expire (1) after 30 days from the date of its issuance, or (2) upon withdrawal of said order by the Secretary, or (3) when the order is superseded by injunction, whichever occurs first.
7 Del. C. 1953, §  6804;  58 Del. Laws, c. 566, §  2;  64 Del. Laws, c. 361, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 68. BEACH PRESERVATION › § 6807. Penalties.

§ 6807. Penalties.
(a) Whoever, without authority from the Department, alters, moves or carries away any substantial amount of beach material (including, but not limited to, sand or pebbles), or alters, damages or destroys any groin, jetty, bank, dike, dune, bulkhead, seawall, breakwater or any other facility, improvement or structure installed or maintained by the Department for the enhancement, preservation or protection of the beach, shall be liable for a civil penalty imposed by the Court of Common Pleas of not less than $200 nor more than $5,000 for each completed violation. If the violation has been completed and there is a substantial likelihood that it will recur or if it is a continuing violation, the Department may also seek a permanent or preliminary injunction or temporary restraining order in the Court of Chancery.
(b) Any coastal structure erected, or excavation created, in violation of this chapter is hereby declared to be a public nuisance, and such structure shall be forthwith removed or such excavation refilled after written notice by the Department directing such removal or filling. In the event the structure is not removed or the excavation refilled as directed within a reasonable time, the Department may remove such structure or fill such excavation at its own expense. The person who erected the structure or created the excavation declared to be a public nuisance shall be liable for all expenses incurred by the Department in removing the structure or filling the excavation. The Secretary shall submit a detailed billing for the costs involved in abating the public nuisance to the person responsible. In the event that said billing is not paid by the person responsible within 30 days, the Department may file suit in the appropriate court seeking to compel payment.
(c) Any person who:
(1) Violates any condition or limitation in a permit issued pursuant to this chapter;
(2) Engages in any activity prohibited by this chapter; or
(3) Violates any regulation duly promulgated according to this chapter,
shall upon conviction be fined not less than $200 nor more than $5,000, or imprisoned for not more than 2 years, or both, and in addition, shall reimburse the Department for its reasonable expenditures in remedying damage created.
(d) For the purposes of subsection (c) of this section, each and every day that a permit condition or limitation is violated, an activity engaged in which is prohibited by this chapter or a regulation violated is deemed a separate offense.
(e) Any expenses or civil penalties collected by the Department under this section are hereby appropriated to the Department to carry out the purposes of this chapter.
7 Del. C. 1953, §  6805;  58 Del. Laws, c. 566, §  2;  64 Del. Laws, c. 361, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 68. BEACH PRESERVATION › § 6808. Beach Preservation Fund.

§ 6808. Beach Preservation Fund.
(a) A special fund is created in the State Treasury to be known as the “Beach Preservation Fund,” hereafter referred to in this chapter as “the Fund.”
(b) The Fund may be used as necessary to effectuate the purposes of this chapter.
(c) The balance of the Fund shall be at least $1,000,000 at the beginning of each fiscal year after July 22, 1972. Such sums as are necessary to restore the Beach Preservation Fund to a balance of at least $1,000,000 shall be appropriated annually from the General Fund or borrowed annually after fiscal year 1973 by the issuance of bonds or bond anticipation notes upon the full faith and credit of the State as may be authorized within the annual capital improvement program. Such bonds and notes shall be issued in accordance with Chapter 74 of Title 29. For purposes of identification, the bonds issued pursuant to such authorization may be known, styled or referred to as “beach preservation bonds.”
7 Del. C. 1953, §  6806;  58 Del. Laws, c. 566, §  2;  64 Del. Laws, c. 361, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 68. BEACH PRESERVATION › § 6809. Federal aid; other funds.

§ 6809. Federal aid; other funds.
The Department may cooperate with and receive moneys from the federal government or any industry or other source. Such moneys received are hereby appropriated and made available for study and action directed at beach preservation.
7 Del. C. 1953, §  6807;  58 Del. Laws, c. 566, §  2;  64 Del. Laws, c. 361, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 68. BEACH PRESERVATION › § 6810. Eminent domain.

§ 6810. Eminent domain.
(a) The Secretary may, through negotiation or condemnation proceedings under Chapter 61 of Title 10, acquire the fee simple or any lesser interests in land whenever 2/3 or more of the property owners of property included in the project area along a private beach, as defined by the Department, have agreed to allow the Department to undertake any or all necessary works to protect, and enhance the beaches, and allow free public access to the beach; provided, however, that the agreeing property owners own at least two-thirds of the property included in the project area.
(b) The Secretary may include the costs of obtaining any such fee simple or lesser interests including but not limited to attorney's fees, appraisal costs, surveying charges, title search and land acquisition costs in the total project costs.
(c) Notwithstanding the provisions of subsection (a) of this section, the Secretary may undertake any or all necessary works to restore private beaches as designated by the Department, whenever 2/3 or more of the property owners in the project area along the private beach have petitioned the Department to undertake the work. The public will maintain rights on the beach landward to the dune vegetation line or the structure line, whichever is further seaward, in the area of any publicly financed project for the purposes of navigation, fishing, swimming and sunbathing. Privately financed projects may be included in a public project when the Department determines that their inclusion will enhance the public project.
59 Del. Laws, c. 254, §  1;  64 Del. Laws, c. 361, §  1;  68 Del. Laws, c. 280, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 68. BEACH PRESERVATION › § 6811. Inconsistent laws or ordinances superseded.

§ 6811. Inconsistent laws or ordinances superseded.
All laws or ordinances inconsistent with this chapter are hereby superseded to the extent of the inconsistency.
7 Del. C. 1953, §  6808;  58 Del. Laws, c. 566, §  2;  64 Del. Laws, c. 361, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 68. BEACH PRESERVATION › § 6812. Short title.

§ 6812. Short title.
This chapter may be known, styled or referred to as the “Beach Preservation Act.”
7 Del. C. 1953, §  6809;  58 Del. Laws, c. 566, §  10;  64 Del. Laws, c. 361, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 69. CONSERVATION EASEMENTS › § 6901. Definitions.

§ 6901. Definitions.
As used in this chapter, unless the context otherwise requires:
(1) “Conservation easement” means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic or open-space values of real property, assuring its availability for agricultural, forest, recreational or open-space use, protecting natural resources, fish and wildlife habitat, rare species and natural communities maintaining or enhancing air or water quality or preserving the historical, architectural, archaeological or cultural aspects of real property.
(2) “Holder” means:
a. A governmental body empowered to hold an interest in real property under the laws of this State or of the United States; and
b. A charitable corporation, charitable association or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic or open-space values of real property, assuring the availability of real property for agricultural, forest, recreational or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological or cultural aspects of real property.
(3) “Third-party right of enforcement” shall mean a right provided in a conservation easement to enforce any of its terms and which is granted to a governmental body, charitable corporation, charitable association or charitable trust which, although eligible to be a holder, is not a holder.
70 Del. Laws, c. 552, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 69. CONSERVATION EASEMENTS › § 6902. Creation, conveyance, acceptance and duration.

§ 6902. Creation, conveyance, acceptance and duration.
(a) Except as otherwise provided in this chapter, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as other easements.
(b) No right or duty in favor of or against a holder and no right in favor of a person having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and a recordation of that acceptance.
(c) Except as provided in § 6903(b) of this title, a conservation easement is unlimited in duration unless the instrument creating it otherwise provides.
(d) An interest in real property in existence at the time a conservation easement is created is not impaired by it, unless the owner of the interest is a party to the conservation easement or consents to it.
70 Del. Laws, c. 552, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 69. CONSERVATION EASEMENTS › § 6903. Judicial actions.

§ 6903. Judicial actions.
(a) An action affecting a conservation easement may be brought by:
(1) An owner of an interest in the real property burdened by the easement;
(2) A holder of the easement;
(3) A person having a third-party right of enforcement; or
(4) A person authorized by other law.
(b) This chapter does not affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity.
70 Del. Laws, c. 552, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 69. CONSERVATION EASEMENTS › § 6904. Validity.

§ 6904. Validity.
A conservation easement is valid even though:
(1) It is not appurtenant to an interest in real property;
(2) It can be or has been assigned to another holder;
(3) It is not of a character that has been recognized traditionally at common law;
(4) It imposes a negative burden;
(5) It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;
(6) The benefit does not touch or concern real property; or
(7) There is no privity of estate or of contract.
70 Del. Laws, c. 552, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 69. CONSERVATION EASEMENTS › § 6905. Applicability.

§ 6905. Applicability.
(a) This chapter applies to any interest created after July 18, 1996, which complies with this chapter, whether or not such interest is designated as a conservation easement, covenant, equitable servitude, restriction, easement or otherwise.
(b) This chapter applies to any interest created before July 18, 1996, if it would have been enforceable had it been created after July 18, 1996, unless such retroactive application contravenes the constitution or laws of this State or the United States.
(c) This chapter does not invalidate any interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement or otherwise that is enforceable under other law of this State.
70 Del. Laws, c. 552, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 70. COASTAL ZONE ACT › § 7001. Purpose.

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