reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 7 - Conservation › Chapter 41. DRAINAGE OF LANDS AND MANAGEMENT OF WATERS; TAX DITCHES › Subchapter V. Taxation › § 4178. Taxes as security for loans; notation on tax warrant.

§ 4178. Taxes as security for loans; notation on tax warrant.
A tax ditch may secure the payment of any loan made to it by entering on the tax warrant provided for in § 4162(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 by him or her 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 Such warrant may not be withdrawn and may not be altered or cancelled without the written consent of the creditor until the loan is repaid.
48 Del. Laws, c. 151, §  55;  7 Del. C. 1953, §  4178;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 41. DRAINAGE OF LANDS AND MANAGEMENT OF WATERS; TAX DITCHES › Subchapter V. Taxation › § 4179. Special tax.

§ 4179. 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 ditch managers in the same manner as provided in this chapter for levying taxes for original construction.
48 Del. Laws, c. 151, §  56;  7 Del. C. 1953, §  4179;
2023 Delaware Code › Title 7 - Conservation › Chapter 41. DRAINAGE OF LANDS AND MANAGEMENT OF WATERS; TAX DITCHES › Subchapter V. Taxation › § 4180. Lien of taxes; enforcement.

§ 4180. 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 § 4176 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 ditch.
48 Del. Laws, c. 151, §  57;  7 Del. C. 1953, §  4180;
2023 Delaware Code › Title 7 - Conservation › Chapter 41. DRAINAGE OF LANDS AND MANAGEMENT OF WATERS; TAX DITCHES › Subchapter V. Taxation › § 4181. Adjustment of maintenance tax.

§ 4181. Adjustment of maintenance tax.
When in the opinion of the ditch managers the amount of the tax levied to defray the cost of annual maintenance is either insufficient or excessive, they may raise or lower the same for the current and succeeding years with the consent of the county soil conservation district, acting upon the advice 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 § 4172 of this title and a new maintenance tax warrant shall be delivered to the appropriate receiver of taxes and county treasurer.
48 Del. Laws, c. 151, §  58;  7 Del. C. 1953, §  4181;  59 Del. Laws, c. 560, §  2;  77 Del. Laws, c. 430, §  26;
2023 Delaware Code › Title 7 - Conservation › Chapter 41. DRAINAGE OF LANDS AND MANAGEMENT OF WATERS; TAX DITCHES › Subchapter V. Taxation › § 4182. Limitation on liability of landowner for taxes.

§ 4182. Limitation on liability of landowner for taxes.
No landowner shall be liable in any manner for any taxes levied by the tax ditch against the lands of another owner.
48 Del. Laws, c. 151, §  59;  7 Del. C. 1953, §  4182;
2023 Delaware Code › Title 7 - Conservation › Chapter 41. DRAINAGE OF LANDS AND MANAGEMENT OF WATERS; TAX DITCHES › Subchapter VI. General Provisions › § 4185. Payment of damages and compensation.

§ 4185. Payment of damages and compensation.
The damages and compensation awarded by the terms of the ditch order shall be paid to the person entitled thereto out of the first funds available to the tax ditch under this chapter, and no construction shall commence until said damages and compensation have been paid.
48 Del. Laws, c. 151, §  60;  7 Del. C. 1953, §  4185;
2023 Delaware Code › Title 7 - Conservation › Chapter 41. DRAINAGE OF LANDS AND MANAGEMENT OF WATERS; TAX DITCHES › Subchapter VI. General Provisions › § 4186. Obstruction of or damage to tax ditch; civil and criminal liability.

§ 4186. Obstruction of or damage to tax ditch; civil and criminal liability.
(a) If any person wilfully or negligently obstructs or damages any part of a tax ditch, and upon request of the ditch managers fails to remove the obstruction or to repair the damage at the person's own expense, the ditch managers shall see that the obstruction is removed and that the damage is repaired.
(b) The person so obstructing or damaging the tax ditch 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 ditch managers in the name of the tax ditch 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 ditch, as specified in subsection (a) of this section, or wilfully interferes in any way with tax ditch operations as provided for in this chapter or in a ditch order made pursuant to this chapter, shall be fined not more than $100.
(d) As of July 17, 2008, if a permanent structure, whether existing or approved for construction, including but not limited to any residential, agricultural, or commercial structure, or any associated permanent accessory structure or septic system, driveway or parking area associated therewith still are found to be within a tax ditch right-of-way; that structure is exempt from the provisions of this chapter as a “legal nonconforming use”.
48 Del. Laws, c. 151, §  61;  17 Del. C. 1953, §  4186;  50 Del. Laws, c. 276, §  33;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 246, §  43;  76 Del. Laws, c. 389, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 41. DRAINAGE OF LANDS AND MANAGEMENT OF WATERS; TAX DITCHES › Subchapter VI. General Provisions › § 4187. Right of entry upon lands.

§ 4187. Right of entry upon lands.
The Division of Watershed Stewardship, engineering personnel hired under § 4142 of this title, the soil conservation district supervisors, the Department of Natural Resources and Environmental Control, the ditch commissioners, the ditch managers, or any of their employees or agents, may enter upon any lands within the tax ditch at all reasonable times in order to carry out the purpose of this chapter.
48 Del. Laws, c. 151, §  62;  7 Del. C. 1953, §  4187;  57 Del. Laws, c. 739, §  188;  59 Del. Laws, c. 560, §  2;  70 Del. Laws, c. 246, §  44;  77 Del. Laws, c. 430, §  27;
2023 Delaware Code › Title 7 - Conservation › Chapter 41. DRAINAGE OF LANDS AND MANAGEMENT OF WATERS; TAX DITCHES › Subchapter VI. General Provisions › § 4188. Addition of territory to a tax ditch.

§ 4188. Addition of territory to a tax ditch.
(a) Any landowner who desires his or her lands to be included within a tax ditch formed under this chapter, may present a petition for an amendment to the existing ditch order to include such lands, to the Superior Court of the county which issued said ditch order through the board of supervisors of the soil conservation district of the same county, and the procedure shall be substantially the same as method in § 4189(3) of this title, for amending a ditch order, except that, in addition to establishing an assessment base which will be the basis for all future ditch taxes, for each parcel of land being included within the tax ditch, 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 ditch was formed, had such lands been within the original boundaries of said tax ditch and other considerations, shall be determined by the board of ditch 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 ditch to benefit land which is not within the original boundary of the tax ditch as established in the ditch order and which was not assessed as part of the tax ditch, or which was not assessed to the prong or part of the tax ditch utilized by the alteration, and when the landowner or owners have not secured an amendment to the ditch 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 ditch order, in addition to all future ditch taxes, and it shall be the duty of the ditch managers in the name of the tax ditch to present a petition for an amendment to the existing ditch 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 ditch commissioners.
(c) In those cases when any landowner desires his or her lands to be included within a tax ditch and when agreement can be reached on the part of the landowner and the tax ditch managers as to the special assessment to be paid and the assessment base to be established as the basis for all future ditch taxes, then method (1) or method (2) of § 4189 of this title may be used to add the additional territory to the tax ditch.
48 Del. Laws, c. 151, §  64;  7 Del. C. 1953, §  4188;  50 Del. Laws, c. 276, §  34;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 246, §  45;
2023 Delaware Code › Title 7 - Conservation › Chapter 41. DRAINAGE OF LANDS AND MANAGEMENT OF WATERS; TAX DITCHES › Subchapter VI. General Provisions › § 4190. Bridges and culverts.

§ 4190. Bridges and culverts.
If any public road crossed by any part of a tax ditch will be benefited so that the public should construct and maintain a bridge or culvert at such crossing, the board of ditch commissioners shall so state in their report and upon establishment of the tax ditch such bridges or culverts shall be constructed and maintained at the public charge from funds provided for that purpose.
48 Del. Laws, c. 151, §  66;  7 Del. C. 1953, §  4190;
2023 Delaware Code › Title 7 - Conservation › Chapter 41. DRAINAGE OF LANDS AND MANAGEMENT OF WATERS; TAX DITCHES › Subchapter VI. General Provisions › § 4191. Ditches near highways.

§ 4191. Ditches 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 ditch. If silt enters from the highway system and obstructs a tax ditch the Department of Transportation shall remove the same within a reasonable time after being given notice of such obstruction by the ditch managers.
48 Del. Laws, c. 151, §  67;  7 Del. C. 1953, §  4191;  60 Del. Laws, c. 503, §  21;
2023 Delaware Code › Title 7 - Conservation › Chapter 41. DRAINAGE OF LANDS AND MANAGEMENT OF WATERS; TAX DITCHES › Subchapter VI. General Provisions › § 4192. Dissolution of tax ditch.

§ 4192. Dissolution of tax ditch.
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 ditch, created under this chapter, the ditch managers shall prepare a petition requesting such dissolution to the Superior Court through the appropriate county soil conservation district. If the tax ditch has operated for at least 10 years, and if said district is of the opinion that the dissolution of such tax ditch is in the public interest, it shall file the petition therefor, together with the recommendations of said district in the office of the prothonotary of the county in which the original ditch order was issued. After a petition for dissolution has been so filed, the Superior Court shall issue an order dissolving the tax ditch. No such order of dissolution shall be issued unless and until all obligations of the tax ditch have been paid in full and all commitments of the tax ditch have been fulfilled.
48 Del. Laws, c. 151, §  68;  7 Del. C. 1953, §  4192;
2023 Delaware Code › Title 7 - Conservation › Chapter 41. DRAINAGE OF LANDS AND MANAGEMENT OF WATERS; TAX DITCHES › Subchapter VI. General Provisions › § 4193. Ditches in Kent County; transfer by Department of Transportation to tax ditch.

§ 4193. Ditches in Kent County; transfer by Department of Transportation to tax ditch.
If any landowners in Kent County establish a tax ditch under this chapter, the Department of Transportation shall transfer to the tax ditch all its right, title and interest in and to any existing ditch or ditches, within the boundaries of the new tax ditch, which have previously been transferred to the Department under § 28 of Chapter 105 of the 1935 Revised Code of Delaware, and the Department shall delegate to the new tax ditch all its powers and duties in connection with the existing ditch or ditches.
48 Del. Laws, c. 151, §  70;  7 Del. C. 1953, §  4193;  60 Del. Laws, c. 503, §  21;
2023 Delaware Code › Title 7 - Conservation › Chapter 41. DRAINAGE OF LANDS AND MANAGEMENT OF WATERS; TAX DITCHES › Subchapter VI. General Provisions › § 4194. Appropriations to Department of Natural Resources and Environmental Control.

§ 4194. 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 ditches/public group ditches shall be included in the annual appropriation bill (budget bill) of the General Assembly.
48 Del. Laws, c. 151, §  74;  7 Del. C. 1953, §  4194;  57 Del. Laws, c. 739, §  190;  67 Del. Laws, c. 359, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 41. DRAINAGE OF LANDS AND MANAGEMENT OF WATERS; TAX DITCHES › Subchapter VI. General Provisions › § 4195. Notice of right-of-way, or assessment.

§ 4195. 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 by 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 ditch 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 changes of parcel numbers subject to such 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 by 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 ditch;
(2) State the owner's name or names 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, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 42. DAM SAFETY › § 4201. Purpose.

§ 4201. Purpose.
It is the purpose of this chapter to provide for the proper design, construction, operation, maintenance and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams and to prevent injuries to persons, damage to downstream property and loss of reservoir storage.
74 Del. Laws, c. 392, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 42. DAM SAFETY › § 4202. Definitions.

§ 4202. 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) “Dam” shall mean any artificial barrier, including appurtenant works, with the ability to impound or divert water, wastewater, or liquid-borne materials.
(2) “Department” shall mean the Department of Natural Resources and Environmental Control.
(3) “Emergency action plan” shall mean a plan prepared by the dam owner and approved by the Department which identifies emergency conditions at a dam and specifies preplanned actions to minimize loss of life and property damage in the event of a potential dam failure.
(4) “High hazard potential dam” shall mean any dam whose failure or misoperation will cause probable loss of human life.
(5) “Low hazard potential dam” shall mean any dam whose failure or misoperation is unlikely to cause loss of human life but may cause minor economic and/or environmental losses.
(6) “Maximum storage elevation” shall mean the elevation of the lowest point of the top of dam independent of low points caused by partial failure or collapse.
(7) “Owner” shall include any of the following who own, control, operate, maintain, manage, or propose to construct, reconstruct, enlarge, repair, alter, remove or abandon a dam or reservoir:
the State and its departments, institutions, agencies and political subdivisions; every municipal or quasi-municipal corporation; every public utility; every district; every person; the duly authorized agents, lessees, or trustees of any of the foregoing; and receivers or trustees appointed by any court for any of the foregoing.
(8) “Person” shall mean any person, firm, association, organization, partnership, business trust, corporation or company.
(9) “Reservoir” shall mean any basin that contains or will contain impounded water, wastewater, or liquid-borne materials by virtue of its having been impounded by a dam.
(10) “Secretary” shall mean the Secretary of the Department of Natural Resources and Environmental Control.
(11) “Significant hazard potential dam” shall mean any dam whose failure or misoperation will cause possible loss of human life, economic loss, environmental damage, disruption of lifeline facilities, or can impact other concerns.
(12) “State” shall mean the State of Delaware.
(13) “Supervising engineer” shall mean the design engineer who is responsible for conducting dam construction quality assurance inspections in order to certify the construction has been completed in accordance with the approved plans and specifications.
74 Del. Laws, c. 392, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 42. DAM SAFETY › § 4203. Application.

§ 4203. Application.
(a) This chapter shall apply to any dam which is owned by the State or any county in the State, or any municipality or any quasi-governmental agency of the State that is 25 feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier or from the lowest elevation of the outside limit of the barrier, or if it is not across a stream channel or watercourse, measured at maximum water storage elevation; or any dam having an impounding capacity, at maximum storage elevation, of 50 acre-feet or more; or any dam that is deemed by the Secretary to be a significant or high hazard potential structure due to its location or other physical characteristics.
(b) This chapter shall not apply to any dam that is not in excess of 6 feet in height regardless of storage capacity, or any dam having a storage capacity at maximum water storage elevation not greater than 15 acre-feet regardless of height, or any low hazard potential dam constructed prior to the effective date of this legislation, unless deemed by the Secretary to be a significant or high hazard potential structure due to its location or other physical characteristics.
(c) This chapter shall not apply to any private owner of a dam unless such owner executes a document with the Department requesting such coverage.
74 Del. Laws, c. 392, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 42. DAM SAFETY › § 4204. Construction of dams.

§ 4204. Construction of dams.
(a) No owner shall begin the construction of any dam to which this chapter applies without written approval from the Department. Owners intending to construct any dam to which this chapter applies shall file with the Department a preliminary application which shall include a dam break analysis, the dam height, the maximum impounding capacity, purpose, location and determination of hazard class, and other information required by the Department. If on the basis of this information it is the opinion of the Department that the proposed dam is exempt from the provisions of this chapter, it shall notify the owner that no approval from the Department is required. If on the basis of the submitted information it is the opinion of the Department that the proposed dam is not exempt, the Department shall notify the owner that construction shall not be commenced until a full application has been filed by the owner and such application approved in accordance with §§ 4206 and 4209 of this title. The Department shall require emergency action plans and operation and maintenance plans for high or significant hazard potential dams, and may also require of owners so notified the filing of any additional information it deems necessary, including, but not limited to, streamflow and rainfall data, maps, plans, and specifications. Every owner applying for approval of a dam subject to the provisions of this chapter shall also file with the Department a Certificate from a qualified professional engineer, licensed in the State. The Certificate should state that the engineer is qualified and responsible for the design of the dam; that the design is safe and adequate; and that the engineer shall be responsible for construction quality assurance to certify that the construction has been completed in accordance with the approved plans.
(b) The Department shall send a copy of each completed application to the Delaware Emergency Management Agency and other state, federal and local agencies it considers appropriate for review and comment.
(c) Upon receipt of a full application in proper form, the Secretary shall give notice in the form of an advertisement in a newspaper of general circulation in the county in which the activity is proposed and in a daily newspaper of general circulation throughout the State:
(1) The fact that the application has been received;
(2) A brief description of the nature of the application;
(3) The place at which a copy of the application may be inspected; and
(4) Procedures to request a public hearing.
The Secretary shall hold a public hearing on an application, if the Secretary receives a request from any party whose interests are substantially affected by the proposed application, as determined by the Secretary, if such request is received within 21 calendar days of the public notice. Such notice shall also be sent by mail to any person who has requested such notification from the Department and provides a name and address.
74 Del. Laws, c. 392, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 42. DAM SAFETY › § 4205. Repair, alteration, or removal of dams.

§ 4205. Repair, alteration, or removal of dams.
(a) Before commencing the repair, alteration or removal of any dam to which this chapter applies, application shall be made by the owner for written approval by the Department, except as otherwise provided by this chapter. The application shall state the name and address of the owner, shall adequately detail the changes it proposes to affect, impacts or modifications to plans of operation and maintenance and emergency action plans, and shall be accompanied by maps, plans, and specifications setting forth such details and dimensions as the Department requires. The Department may waive the requirements of this section for the repair or alteration of a dam if the proposed action is determined to be minor as defined by the Department by regulation. The application shall give such other information concerning the dam and reservoir required by the Department, such information concerning the safety of any change as it may require, and shall state the proposed time of commencement and completion of the work. When the Department determines an application has been completed it may be referred by the Department for agency review and report, as provided by § 4204 of this title in the case of original construction. The application for repair, alteration or removal of the dam shall be subject to the public notice requirements.
(b) Upon receipt of a full application in proper form, the Secretary shall give notice in the form of an advertisement in a newspaper of general circulation in the county in which the activity is proposed and in a daily newspaper of general circulation throughout the State:
(1) The fact that the application has been received;
(2) A brief description of the nature of the application;
(3) The place at which a copy of the application may be inspected; and
(4) Procedures to request a public hearing.
The Secretary shall hold a public hearing on an application, if the Secretary receives a request from any party whose interests are substantially affected by the proposed application, as determined by the Secretary, if such request is received within 21 calendar days of the public notice. Such notice shall also be sent by mail to any person who has requested such notification from the Department and provides a name and address.
(c) When repairs are necessary to safeguard life and property they may be started immediately, but the Department shall be notified as soon as practical but no longer than 24 hours after such repairs have commenced. The owner shall be required to submit as-built plans and certification from a professional engineer, licensed in Delaware, demonstrating that the repairs comply with this chapter.
74 Del. Laws, c. 392, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 42. DAM SAFETY › § 4206. Actions by the Department upon applications.

§ 4206. Actions by the Department upon applications.
(a) Public notice of application shall consist of an advertisement in a newspaper of general circulation in the county in which the activity is proposed and in a daily newspaper of general circulation throughout the State to include the fact that the application has been received, a brief description of the nature of the application and the place at which a copy of the application may be inspected:
(b) Following the receipt of requested comments the Department shall approve, disapprove, or approve subject to conditions necessary to ensure safety all applications pursuant to this chapter.
(c) A defective application shall not be rejected but notice of the defects shall be sent to the owner. If the owner fails to file a perfected application within 30 days of the date of the notice the original shall be canceled unless further time is allowed.
(d) If the Department disapproves an application, 1 copy shall be returned with a statement of its objections. If an application is approved, the approval shall be attached thereto, and a copy returned. Approval shall be granted under terms, conditions, and limitations which the Department deems necessary to safeguard life and property.
(e) Construction shall be commenced within 2 years after the date of approval of the application and completed within 5 years of commencement of construction or the approval is void. The Department upon written application and good cause shown may extend the time for commencing construction or for completing the construction. Notice by registered or certified mail shall be given the Department at least 10 days before construction is commenced.
74 Del. Laws, c. 392, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 42. DAM SAFETY › § 4207. Fees.

§ 4207. Fees.
(a) The Department may establish an application fee not to exceed $500.
(b) Any fees collected under this chapter are hereby appropriated to the Department to carry out the purposes of this chapter. The Secretary shall report through the annual budget process the receipt, proposed use and disbursement of these funds.
74 Del. Laws, c. 392, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 42. DAM SAFETY › § 4208. Rules.

§ 4208. Rules.
The Secretary shall develop and adopt regulations and standards in conjunction with a regulatory advisory committee, appointed by the Secretary, which include public and private dam owners, as well as appropriate state and federal agencies, conservation districts, and other governmental subdivisions of the State. Dam safety regulations and standards shall include but not be limited to definitions, permit-by-rule, general requirements and prohibitions, application procedures, dam classification, design criteria, construction requirements, operation and maintenance requirements and inspection requirements.
74 Del. Laws, c. 392, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 42. DAM SAFETY › § 4209. Supervision by qualified engineers; reports and modifications during work.

§ 4209. Supervision by qualified engineers; reports and modifications during work.
(a) Any project for which the Department's approval is required under §§ 4204, 4205 and 4206 of this title and any project undertaken pursuant to an order of the Department issued pursuant to this chapter or § 4212 of this title shall be designed and the construction supervised by a licensed professional engineer in the State with related experience in dam design and construction.
(b) During the construction, enlargement, repair, alteration, or removal of any dam to which this chapter applies, the Department may require such progress reports from the supervising engineer responsible for design and construction quality assurance, as it deems necessary.
(c) If, based on inspection reports, construction inspections or other information, the Department finds that the work is not in compliance with the provisions of the approval and the approved plans and specifications, it shall give written notice to the person who received the approval and to the person in charge of construction of the dam. The notice shall state the particulars in which compliance has not been made, and shall order immediate compliance with the terms of approval, and the approved plans and specifications. The Department may order that no further construction work be undertaken until such compliance has been effected and approved by the Department. A failure to comply with the approval and the approved plans and specifications shall render the approval revocable unless compliance is made after notice as provided in this chapter.
74 Del. Laws, c. 392, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 42. DAM SAFETY › § 4210. Notice of completion; certification of final approval.

§ 4210. Notice of completion; certification of final approval.
(a) Within 7 days of completion of construction, reconstruction, enlargement, repair, alteration or removal of any dam to which this chapter applies, notice of completion shall be given to the Department. Within 60 days thereafter supplementary drawings or descriptive matter showing or describing the dam as actually constructed in compliance with the approval and the approved plans and specifications shall be filed with the Department in such detail as the Department may require.
(b) Upon completion of the project, the supervising engineers, having inspected the work during construction and upon finding that the work has been done as required and that the dam is safe, shall file with the Department a certificate and as-built plans demonstrating that the work has been completed in accordance with the approved design plans, specifications, and other requirements. After review of the supervising engineer's certificate and as-built plans, unless the Department has reason to believe that the dam is unsafe or is not in compliance with any applicable rule or law, the Department shall grant final approval of the work in accordance with the certificate, subject to such terms as it deems necessary for the protection of life and property.
(c) Pending issuance of the Department's final approval, the dam shall not be filled except on written consent of the Department, subject to conditions it may impose.
74 Del. Laws, c. 392, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 42. DAM SAFETY › § 4211. Operation and maintenance of dams.

§ 4211. Operation and maintenance of dams.
The Department shall require that dam owners and operators develop, use and update as necessary an operation and maintenance plan which provides guidance and instruction to personnel for the proper operation and maintenance of any reservoir or dam to which this chapter applies to safeguard life and property. The operation and maintenance plan shall be subject to the approval of the Department and may be reviewed, modified or amended by the Department as deemed necessary to safeguard life and property. The Secretary may adopt, amend, modify or repeal standards for the maintenance and operation of dams as may be necessary for the purposes of this section. The Department may vary the standards applicable to the various dams giving due consideration to the type and location of the structure, the hazards to which it may be exposed, and the peril of life and property in the event of a failure or misoperation of the dam.
74 Del. Laws, c. 392, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 42. DAM SAFETY › § 4212. Inspection of dams.

§ 4212. Inspection of dams.
The Department shall require regular inspection of any dam to which this chapter applies to safeguard life and property. The Secretary may adopt, amend, modify or repeal standards for the inspection of dams as may be necessary for the purposes of this section. The Department may vary the standards applicable to the various dams giving due consideration to the type and location of the structure, the hazards to which it may be exposed, and the peril of life and property in the event that a dam fails to perform its function. The Department shall inform the Delaware Emergency Management Agency of any dam presenting a risk of peril of life and property in the event that the dam fails.
74 Del. Laws, c. 392, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 42. DAM SAFETY › § 4213. Appeals.

§ 4213. Appeals.
(a) Except as otherwise provided in this chapter, any action or determination by the Department under this chapter shall be subject to appeal to the Environmental Appeals Board in accordance with the provisions of § 6008 of this title.
(b) Appeals of decisions by the Environmental Appeals Board shall be conducted pursuant to § 6009 of this title.
74 Del. Laws, c. 392, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 42. DAM SAFETY › § 4214. Investigations by the Department.

§ 4214. Investigations by the Department.
The Department shall make investigations and assemble such data as it deems necessary for a proper review and study of the design and construction of any dams, reservoirs and appurtenances to which this chapter applies, and for such purposes the Department or its agents may enter upon private property. The Department may employ or make such agreements with geologists, engineers, or other expert consultants and such assistants, as it deems necessary to carry out the provisions of this chapter.
74 Del. Laws, c. 392, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 42. DAM SAFETY › § 4215. Liability for damages.

§ 4215. Liability for damages.
No action shall be brought against the State, the Department, or any agent of the Department or any employee of the State or the Department for damages sustained through the partial or total failure of any dam, misoperation or its maintenance by reason of any supervision or other action taken pursuant to or under this chapter. Nothing in this chapter shall relieve an owner or operator of a dam from the legal duties, obligations and liabilities arising from such ownership and operation.
74 Del. Laws, c. 392, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 42. DAM SAFETY › § 4216. Enforcement procedures.

§ 4216. Enforcement procedures.
(a) Any person who violates any rule, regulation, order, or condition imposed in an approved document or other provision of this chapter shall be fined not less than $200 or more than $2000 for each offense. Each day that the violation continues shall constitute a separate offense. The Justice of the Peace Courts shall have jurisdiction of offenses brought under this subsection.
(b) Any person who intentionally, knowingly, and after written notice to comply, violates any rule, regulation, order, or condition imposed in an approved document or other provision of this chapter shall be fined not less than $500 or more than $10,000 for each offense. Each day the violation continues shall constitute a separate offense. The Superior Court shall have jurisdiction over offenses brought under this subsection.
74 Del. Laws, c. 392, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 42. DAM SAFETY › § 4217. Rights of investigation, entry, access, inspection and protective action.

§ 4217. Rights of investigation, entry, access, inspection and protective action.
(a) The Department shall have the right to direct the conduct of such investigations as it may reasonably deem necessary to carry out its duties prescribed in this chapter and the Department shall have the right to conduct such investigations, and for the purpose of inspections the employees of the Department and agents of the Department have the right to enter at reasonable times on any property, public or private, for the purpose of investigating the condition, construction or operation of any dam or associated equipment facility or property, and to require written statements or the filing of reports under oath, with respect to pertinent questions relating to the construction or operation of any dam. No person shall refuse entry or access to any authorized representative of the Department who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any representative while in the process of carrying out that representative's official duties.
(b) Notwithstanding any other provisions of this chapter, the Department, upon receipt of information that any dam may present an imminent and substantial hazard to the public health, safety or welfare, may take such actions as it determines to be necessary to protect the public health, safety or welfare. The Department may direct the owner or custodian of the dam to take such actions as are necessary to prevent, eliminate or reduce the hazard. In the event the owner or custodian fails to take such actions, the Department shall have the right to take all appropriate or necessary action including, but not limited to, breaching or draining. The Department may initiate legal proceedings to recover the emergency costs from the dam owner.
74 Del. Laws, c. 392, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 43. DREDGING AND MANAGEMENT OF LAGOONS › Subchapter I. General Provisions › § 4301. Declaration of policy.

§ 4301. Declaration of policy.
It is declared that the removal of accumulated sediment from artificially constructed lagoons and the management of such lagoons for navigational improvement shall be considered a public benefit and conducive to the public health, safety and welfare.
73 Del. Laws, c. 389, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 43. DREDGING AND MANAGEMENT OF LAGOONS › Subchapter I. General Provisions › § 4302. Purpose.

§ 4302. Purpose.
It is the purpose of this chapter in carrying out the policy declared in § 4301 of this title to provide a basis for a uniform system for establishing, financing, administering, maintaining and dissolving lagoon organizations in the State under the supervision of the Department of Natural Resources and Environment Control to the end that the improvement and management of these waterways may be accomplished in a workable and practicable manner.
73 Del. Laws, c. 389, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 43. DREDGING AND MANAGEMENT OF LAGOONS › Subchapter I. General Provisions › § 4303. Definitions.

§ 4303. Definitions.
For the purposes of this chapter, unless otherwise specifically defined, or another intention clearly appears, or the context requires a different meaning:
(1) “Benefits” include, but shall not be limited to, the privilege of participating in a cooperative system for the management of water and sediment from one's lands by a tax lagoon formed under this chapter.
(2) “Dredging” means water and sediment management by lagoon areas to safely remove accumulated sediment.
(3) “Lagoon” means a manmade body of water constructed for the purpose of residential housing and mooring of recreational boats and directly connected to tidal waters.
(4) “Landowner” or “owner” means that person or group of persons in whom the entire title to a certain tract of land is vested.
(5) “Sediment management” means the removal, storage or application of sediment or earth by intentional means, including but not limited to the dredging thereof of subaqueous lands.
(6) “Taxable” means any person entitled to vote under this chapter.
(7) “Water management” means the improvement of water by intentional means for the purpose of navigation.
73 Del. Laws, c. 389, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 43. DREDGING AND MANAGEMENT OF LAGOONS › Subchapter II. Boards of Lagoon Management Commissioners › § 4304. Lagoon management commissioners; membership; qualifications; term; vacancies; secretary.

§ 4304. Lagoon management commissioners; membership; qualifications; term; vacancies; secretary.
(a) A board of lagoon management commissioners consisting of 3 lagoon management commissioners and 3 alternate lagoon management commissioners is continued for each county within the State. Upon the expiration of the terms of office of the present and all future management commissioners, the resident judge for each county shall appoint lagoon management commissioners and alternate lagoon management commissioners, who may be selected from lists of 10 or more names submitted by the Division of Watershed Stewardship. Each lagoon management commissioner and alternate lagoon management commissioner shall be a resident landowner of the county from which that lagoon management commissioner or alternate is appointed, shall have some knowledge of lagoon management, such as sedimentation problems and its impact on navigation, and shall be familiar with land values within such county.
(b) The term of office for each lagoon management commissioner shall be 3 years. The term of office for the alternate lagoon management commissioners shall be 1 year each. A lagoon management commissioner or alternate lagoon management commissioner may be reappointed to successive terms of office. All appointments shall be effective as of August 1 of each year.
(c) In the case of the death, resignation or removal from office of a lagoon management commissioner, the vacancy shall be filled by the appointment of one of the alternate lagoon management commissioners to serve for the remainder of the term of the vacating lagoon management commissioner.
(d) Except in the case of death or removal from office, a lagoon management commissioner shall hold office until a successor has been appointed.
(e) The Division of Watershed Stewardship shall serve as secretary, without voting authority, for each of the county boards of lagoon management commissioners.
73 Del. Laws, c. 389, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 213, §  2;  77 Del. Laws, c. 430, §  29;
2023 Delaware Code › Title 7 - Conservation › Chapter 43. DREDGING AND MANAGEMENT OF LAGOONS › Subchapter II. Boards of Lagoon Management Commissioners › § 4305. Disqualification of members.

§ 4305. Disqualification of members.
In those cases where any member of the board of lagoon management commissioners owns lands within the boundary of a proposed tax lagoon, such member shall not serve as a member of said board on that particular tax lagoon, and an alternate lagoon management commissioner shall serve in the member's stead.
73 Del. Laws, c. 389, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 43. DREDGING AND MANAGEMENT OF LAGOONS › Subchapter II. Boards of Lagoon Management Commissioners › § 4306. Chairperson; quorum; voting.

§ 4306. Chairperson; quorum; voting.
A chairperson of each board of lagoon management commissioners shall be designated by the members thereof and such designation may be changed from time to time. A majority of the lagoon management commissioners of each board shall constitute a quorum and the concurrence of a majority in any matter within their duties shall be required for its determination.
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 II. Boards of Lagoon Management Commissioners › § 4307. Compensation; expenses and reimbursement.

§ 4307. Compensation; expenses and reimbursement.
(a) The lagoon management commissioners shall be entitled to receive reimbursement for their expenses necessarily incurred in the discharge of their duty at a per diem rate set by the Secretary of the Department of Natural Resources and Environmental Control, not to exceed $50, plus mileage reimbursement at the rate established in § 7102 of Title 29, as amended. The lagoon management commissioners shall be reimbursed for said expenses by the landowners petitioning to have a tax lagoon formed. Such reimbursement shall be made from funds deposited in advance by the petitioners at the time the petition is filed or from the first moneys collected by the tax lagoon after it is organized, the manner to be decided by the Division of Watershed Stewardship.
(b) Lagoon management commissioners will be reimbursed for their expenses incurred in the discharge of their duties in connection with the formation of a tax lagoon after the lagoon order has become effective, or at such time as the Superior Court issues an order denying the petition for the formation of the tax lagoon.
73 Del. Laws, c. 389, §  1;  77 Del. Laws, c. 430, §  30;
2023 Delaware Code › Title 7 - Conservation › Chapter 43. DREDGING AND MANAGEMENT OF LAGOONS › Subchapter II. Boards of Lagoon Management Commissioners › § 4308. Employment of qualified personnel.

§ 4308. Employment of qualified personnel.
The Department of Natural Resources and Environmental Control shall employ personnel qualified by experience in structural engineering, bulk heading, dredging and soil work to assist it in carrying out its functions under this chapter and to perform related duties within the Division of Watershed Stewardship.
73 Del. Laws, c. 389, §  1;  77 Del. Laws, c. 430, §  31;
2023 Delaware Code › Title 7 - Conservation › Chapter 43. DREDGING AND MANAGEMENT OF LAGOONS › Subchapter II. Boards of Lagoon Management Commissioners › § 4309. Employment of personnel; purchase of supplies and equipment.

§ 4309. Employment of personnel; purchase of supplies and equipment.
The Department may employ such personnel and obtain by purchase or otherwise such supplies and equipment as are necessary to carry out this chapter.
73 Del. Laws, c. 389, §  1;