reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter I. Natural Resources and Environmental Control › § 8002. Secretary; division directors; Acting Secretary; appointment.

§ 8002. Secretary; division directors; Acting Secretary; appointment.
(a) The administrator and head of the Department shall be the Secretary of the Department of Natural Resources and Environmental Control, who shall be a person qualified by training and experience to perform the duties of the office. The Secretary shall be appointed by the Governor, with the advice and consent of the Senate and shall serve at the pleasure of the Governor. The Secretary shall be paid an annual salary not in excess of $34,000. The Secretary of the Department of Natural Resources and Environmental Control shall become a bona fide resident of the State within 6 months after his or her appointment; provided, however, that upon good cause shown, the Governor may grant an additional extension of 6 months. After becoming a resident of the State, the Secretary shall continuously be a resident of the State as long as he or she retains the office. Failure to obtain or retain such residency shall be an automatic resignation from said office.
(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position or positions of division director as are vacant. Directors so appointed shall serve at the pleasure of the Governor, and, upon the position of Secretary being filled, such directors may be removed by the Secretary with the written approval of the Governor.
(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a successor, the Governor may appoint the Deputy Secretary of the Department to serve as Acting Secretary. The Secretary or the Acting Secretary may, during an absence from the State, appoint the Deputy Secretary or a Division Director of the Department to serve as Acting Secretary during such absence. In either case, the Acting Secretary shall have all the powers and shall perform all the duties and functions of the Secretary during the absence or incapacity or until a successor is duly qualified and appointed.
29 Del. C. 1953, §  8002;  57 Del. Laws, c. 302, §  1;  69 Del. Laws, c. 291, §  225;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 140, §  2;  72 Del. Laws, c. 395, §  275;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter I. Natural Resources and Environmental Control › § 8003A. Powers, duties and functions of law-enforcement officers of the Department of Natural Resources and Environmental Control.

§ 8003A. Powers, duties and functions of law-enforcement officers of the Department of Natural Resources and Environmental Control.
(a) The law-enforcement officers of the Department of Natural Resources and Environmental Control shall see to the enforcement of all laws, regulations, rules, permits, licenses, orders, and program requirements of the Department of Natural Resources and Environmental Control.
(b) Law-enforcement officers of the Department of Natural Resources and Environmental Control shall have police powers similar to those of constables, peace officers, and other police officers when enforcing the laws, regulations, rules, permits, licenses, orders, and program requirements of the Department of Natural Resources and Environmental Control. Such police powers shall include powers of investigation, search, seizure, detention, and arrest conferred by law on constables, peace officers, and other police officers.
(c) Law-enforcement officers of the Department of Natural Resources and Environmental Control have the authority to serve and return summonses, subpoenas, and warrants.
(d) Nothing contained in this section may be construed to limit the statutory enforcement authorities, responsibilities, or powers of enforcement personnel of the Department of Natural Resources and Environmental Control.
(e) If a law-enforcement officer of the Department of Natural Resources and Environmental Control finds that a violation of a requirement under the Department of Natural Resources and Environmental Control occurs in a manufactured home community, the Department of Natural Resources and Environmental Control must send a copy of the notice of the violation, summons, or order to all of the following:
(1) The elected Council or Levy Court members of the county in which the violation occurred.
(2) The elected Council members of the municipality in which the violation occurred.
(3) The State Representatives and Senators in whose district the violation occurred.
(4) The Department of Justice.
(5) The Delaware Manufactured Home Relocation Authority.
59 Del. Laws, c. 526, §  3;  63 Del. Laws, c. 436, §§  1, 2;  70 Del. Laws, c. 105, §§  26-28;  78 Del. Laws, c. 266, §  20;  83 Del. Laws, c. 341, § 10;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter I. Natural Resources and Environmental Control › § 8004. Relocation assistance.

§ 8004. Relocation assistance.
The Secretary of the Department of Natural Resources and Environmental Control is hereby empowered to expend state funds appropriated to the Department for land acquisition; to make relocation payments and to provide assistance in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; provided, that the Secretary must expend funds for this purpose that are federally reimbursable under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646.
29 Del. C. 1953, §  8003A;  58 Del. Laws, c. 195.;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter I. Natural Resources and Environmental Control › § 8005. Division of Fish and Wildlife.

§ 8005. Division of Fish and Wildlife.
The Division of Fish and Wildlife is established having powers, duties and functions as follows:
(1) The Division of Fish and Wildlife shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in:
a. The Board of Game and Fish Commissioners of this State pursuant to Chapters 1, 3 [repealed], 5, 7, 9, 11, 13, 17 and 58 [repealed] of Title 7.
b. The Delaware Commission of Shell Fisheries pursuant to Chapters 19, 21, 23 and 27 of Title 7 and Chapter 21 of Title 23.
(2) The administrative, ministerial, fiscal and clerical functions of the Atlantic States Marine Fisheries Commission set forth in Chapter 15 of Title 7 shall be performed by the Division of Fish and Wildlife. Except as otherwise provided in this subdivision, the membership, remuneration, organization, meetings, powers, duties and functions of the Atlantic States Marine Fisheries Commission shall remain as prescribed by Chapter 15 of Title 7.
29 Del. C. 1953, §  8004;  57 Del. Laws, c. 302, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter I. Natural Resources and Environmental Control › § 8006. Council on Game and Fish.

§ 8006. Council on Game and Fish.
(a) There is established the Council on Game and Fish.
(b) The Council on Game and Fish shall serve in an advisory capacity to the Director of Fish and Wildlife and shall consider matters relating to the protection, conservation and propagation of all forms of fish and protected wildlife of this State and such other matters as may be referred to it by the Governor, Secretary of the Department or Director of Fish and Wildlife. The Council may also study, research, plan and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.
(c) The Council on Game and Fish shall be composed of 9 members who shall be appointed for 3-year terms by the Governor.
(d) At least 4, but no more than 5, of the members of the Council shall be affiliated with 1 of the major political parties. At least 3, but no more than 4, of the members of the Council shall be affiliated with the other major political party; provided, however, that there shall be no more than a bare majority representation of 1 major political party over the other major political party. Any person who declines to announce such person's political affiliation shall also be eligible for appointment as a member of the Council.
(e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.
(f) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of 1 year and shall be eligible for reelection.
(g) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the remainder of the term.
29 Del. C. 1953, §  8005;  57 Del. Laws, c. 302, §  1;  57 Del. Laws, c. 739, §  238;  63 Del. Laws, c. 316, §§  1, 2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter I. Natural Resources and Environmental Control › § 8006A. Council on Recreational Fishing Funding.

§ 8006A. Council on Recreational Fishing Funding.
(a) There is established the Council on Recreational Fishing Funding.
(b) The Council on Recreational Fishing Funding shall serve in an advisory capacity to the Director of Fish and Wildlife and shall consider matters relative to funding of fishery-related projects as related to this State and such other matters as may be referred to it by the Governor, Secretary of the Department or Director of Fish and Wildlife.
(c) The Council on Recreational Fishing Funding shall be composed of 10 members as follows:
(1) Six members appointed by the Governor;
(2) One member appointed by the President Pro Tempore of the Senate;
(3) One member appointed by the Speaker of the House;
(4) The President of the Delaware Mobile Surf Fisherman Association or a designee appointed by the President;
(5) The Director of the Division of Fish and Wildlife or a designee appointed by the Director to serve as an ex-officio nonvoting member.
(d) Appointments made by the Governor shall be appointed for a 3-year term and all other members shall serve at the pleasure of the appointing authority.
(e) The Council shall elect a Chair and Vice Chair.
(f) The Division ex-officio nonvoting member shall prepare minutes of each Council meeting. These minutes must be approved by a quorum of Council members in order to be official.
(g) All members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council from the fishing license account.
(h) The Council shall meet no less than once per year. The Council shall provide nonbinding advice to the Department on fishery related construction priorities for the expenditure of funds generated from the sale of recreational fishing licenses in the coming year.
76 Del. Laws, c. 71, §  14;  82 Del. Laws, c. 96, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter I. Natural Resources and Environmental Control › § 8007. Council on Shell Fisheries.

§ 8007. Council on Shell Fisheries.
(a) There is established the Council on Shell Fisheries.
(b) The Council on Shell Fisheries shall serve in an advisory capacity to the Director of Fish and Wildlife and shall consider matters relating to the control and direction of the shellfish industry and the protection, conservation and propagation of shellfish of this State and such other matters as may be referred to it by the Governor, Secretary of the Department or Director of Fish and Wildlife. The Council may also study, research, plan and advise the Director, the Secretary and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.
(c) The Council on Shell Fisheries shall be composed of 7 members who shall be appointed by the Governor. The Council shall be composed of the following members:
One person engaged in commercial lobstering or conching;
One person engaged in commercial crabbing;
One person engaged in commercial oystering;
One person engaged in commercial clamming;
One person knowledgeable in marine fisheries;
One person representing recreational shell fishing;
One person, the Chairperson, to serve at the pleasure of the Governor.
The terms of the members shall be staggered. The first 2 appointees shall serve for a term of 1 year, the next 2 appointees shall serve for a term of 2 years and the next 2 shall serve for a term of 3 years. Thereafter, all new appointees shall serve for a term of 3 years.
(d) At least 3, but no more than 4, of the members of the Council shall be affiliated with 1 of the major political parties and at least 2, but no more than 3, of the members of the Council shall be affiliated with the other major political party; provided, however, there shall be no more than a bare majority representation of 1 major political party over the other major political party. Any person who declines to announce such person's political affiliation shall also be eligible for appointment as a member of the Council. Additionally, at least 1 member of the Council shall be a resident of New Castle County, at least 1 member of the Council shall be a resident of Kent County and at least 1 member of the Council shall be a resident of Sussex County.
(e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.
(f) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the remainder of the term.
29 Del. C. 1953, §  8006;  57 Del. Laws, c. 302, §  1;  57 Del. Laws, c. 739, §  239;  59 Del. Laws, c. 238, §  1;  67 Del. Laws, c. 289, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 294, §§  1, 2;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter I. Natural Resources and Environmental Control › § 8008. Division of Parks and Recreation.

§ 8008. Division of Parks and Recreation.
The Division of Parks and Recreation is hereby established having powers, duties and functions as follows:
(1) The Division of Parks and Recreation shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the State Park Commission of Delaware pursuant to Chapters 45, 47 and 58 [repealed] of Title 7.
(2) To help supplement general funds the Division of Parks and Recreation shall be authorized to solicit donations, sponsorships and sell advertisements to support park operations, to maintain park facilities and to support park programs including but not limited to concerts and events. All of the funds collected pursuant to this paragraph shall be deposited in the General Fund of this State and designated solely for park operations and maintenance. Persons or entities that donate, sponsor or advertise shall receive no special benefits other than, at the Division's discretion, recognition in the park program guides, website and/or at the parks.
29 Del. C. 1953, §  8007;  57 Del. Laws, c. 302, §  1;  57 Del. Laws, c. 739, §  223;  59 Del. Laws, c. 372, §§  3, 4;  78 Del. Laws, c. 209, §  1;  80 Del. Laws, c. 128, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter I. Natural Resources and Environmental Control › § 8012. Division of Watershed Stewardship.

§ 8012. Division of Watershed Stewardship.
The Division of Watershed Stewardship is established having powers, duties and functions as follows:
(1) The Division of Watershed Stewardship shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions heretofore vested in the Delaware Soil and Water Conservation Commission, pursuant to Chapters 39 and 41 of Title 7.
(2) The administrative, ministerial, fiscal and clerical functions of the Boards of Ditch Commissioners, set forth in Chapter 41 of Title 7, shall be performed by the Division of Watershed Stewardship. Except as otherwise provided in this subdivision, the membership, remuneration, organization, meetings, powers, duties and functions of the Boards of Ditch Commissioners shall remain as prescribed by Chapter 41 of Title 7.
29 Del. C. 1953, §  8011;  57 Del. Laws, c. 302, §  1;  77 Del. Laws, c. 430, §  67;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter I. Natural Resources and Environmental Control › § 8014. Division of Air Quality, Division of Waste and Hazardous Substances and Division of Water.

§ 8014. Division of Air Quality, Division of Waste and Hazardous Substances and Division of Water.
The Division of Air Quality, Division of Waste and Hazardous Substances and Division of Water is established having powers, duties and functions as follows:
(1) The Division of Air Quality, Division of Waste and Hazardous Substances and the Division of Water shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions heretofore vested in the Delaware Water and Air Resources Commission.
(2) The administrative, ministerial, fiscal and clerical functions of this State as a member of the Delaware River Basin Commission, set forth in Chapter 65 of Title 7, shall be performed by Division of Air Quality, the Division of Waste and Hazardous Substances and the Division of Water. Except as otherwise provided in this subdivision, the membership, remuneration, organization, meetings, powers, duties and functions of the Delaware River Basin Commission shall remain as prescribed by Chapter 65 of Title 7.
(3) The Division of Air Quality, the Division of Waste and Hazardous Substances and the Division of Water shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions heretofore vested in the Mosquito Control Commission and the State Highway Department pursuant to Chapter 19 of Title 16.
(4) The Division of Air Quality, the Division of Waste and Hazardous Substances and the Division of Water shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Department of Health and Social Services pursuant to § 122(3)d. of Title 16 only.
(5) The Division of Air Quality and the Division of Waste and Hazardous Substances shall have primary authority under this section for matters concerning solid and hazardous waste, underground and aboveground storage tanks, boiler safety, hazardous materials emergency response, accident release prevention, emergency planning and community right to know, hazardous substance site investigation and restoration, and air resources of the State. The Division of Water shall have primary authority under this section for matters concerning surface and groundwater, underwater and wetland resources of the State.
29 Del. C. 1953, §  8013;  57 Del. Laws, c. 302, §  1;  57 Del. Laws, c. 739, §§  224-227;  58 Del. Laws, c. 52, §  2;  65 Del. Laws, c. 431, §§  3, 4;  77 Del. Laws, c. 430, §§  68, 69;  78 Del. Laws, c. 127, §§  2, 3;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter I. Natural Resources and Environmental Control › § 8016. Governor's Council on Natural Resources and Environmental Control.

§ 8016. Governor's Council on Natural Resources and Environmental Control.
(a) There is established the Governor's Council on Natural Resources and Environmental Control.
(b) The Governor's Council on Natural Resources and Environmental Control shall be composed of the chairpersons of the councils to the respective divisions of the Department, as provided in this chapter, 1 of whom shall be designated by the Governor as Chairperson of the Governor's Council on Natural Resources and Environmental Control, and the Chairperson shall serve, as such, at the pleasure of the Governor.
(c) The terms of the members of the Governor's Council on Natural Resources and Environmental Control shall coincide with the terms for which the members serve as chairpersons of their respective councils.
(d) The Governor's Council on Natural Resources and Environmental Control shall advise, recommend and refer to the Secretary of the Department matters which, in its opinion, are of Departmental concern and shall consider such other matters as may be referred to it by the Governor or the Secretary of the Department. The Council may also study, research, plan and advise the Secretary and the Governor on matters it deems appropriate to enable the Department to function in the best possible manner.
(e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.
29 Del. C. 1953, §  8015;  57 Del. Laws, c. 302, §  1;  57 Del. Laws, c. 739, §§  234, 235;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter I. Natural Resources and Environmental Control › § 8017. Books; records; access; annual report.

§ 8017. Books; records; access; annual report.
(a) The Governor's Council on Natural Resources and Environmental Control shall have access to all books, records, reports and other documents relating to the Department of Natural Resources and Environmental Control unless otherwise prohibited by law.
(b) The various councils of the divisions of the Department of Natural Resources and Environmental Control shall have access to all books, records, reports and other documents relating to their respective divisions unless otherwise prohibited by law.
(c) The Chairperson of the Governor's Council on Natural Resources and Environmental Control and the chairmen of the councils of the divisions of this Department shall make an annual report of the activities of each of the councils to the Secretary of the Department, the Governor and the General Assembly and render such other reports as the Secretary, the Governor or the General Assembly may from time to time request or as may be required by law.
29 Del. C. 1953, §  8016;  57 Del. Laws, c. 302, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter I. Natural Resources and Environmental Control › § 8018. Exemptions.

§ 8018. Exemptions.
The following positions set forth in this section shall be exempt from Chapter 59 of this title:
(1) Secretary of Natural Resources and Environmental Control;
(2) Director of Fish and Wildlife;
(3) Director of Parks and Recreation;
(4) Director of Watershed Stewardship;
(5) Director of Air Quality;
(6) Director of Waste and Hazardous Substances;
(7) Director of Water;
(8) [Repealed.]
(9) Director of Energy and Climate.
29 Del. C. 1953, §  8017;  57 Del. Laws, c. 302, §  1;  59 Del. Laws, c. 372, §  8;  65 Del. Laws, c. 431, §§  6, 7;  74 Del. Laws, c. 110, §  122;  77 Del. Laws, c. 430, §  70;  78 Del. Laws, c. 127, §§  4, 5;  78 Del. Laws, c. 290, §  231;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter I. Natural Resources and Environmental Control › § 8019. Assumption of functions of prior agencies.

§ 8019. Assumption of functions of prior agencies.
The Department, through appropriate divisions, subdivisions and offices, shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions vested by law in the Board of Game and Fish Commissioners, Delaware Commission of Shell Fisheries, State Park Commission, Delaware Soil and Water Conservation Commission and Delaware Water and Air Resources Commission immediately prior to the effective date of this chapter and which are not otherwise specifically transferred to the Department by this chapter, excepting only those powers, duties and functions expressly vested in or retained by any such commission.
29 Del. C. 1953, §  8018;  57 Del. Laws, c. 302, §  1;  57 Del. Laws, c. 739, §  236;  59 Del. Laws, c. 372, §  9;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter I. Natural Resources and Environmental Control › § 8020. Appeals.

§ 8020. Appeals.
Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function or functions transferred to the Department or to any division or subdivision thereof shall continue to exist with respect to such act or acts as hereafter performed by the Department or by the division, subdivision or office to which such function is transferred, and each such appeal shall be perfected in the manner heretofore provided by law.
29 Del. C. 1953, §  8019;  57 Del. Laws, c. 302, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter I. Natural Resources and Environmental Control › § 8021. Definitions and references in other laws.

§ 8021. Definitions and references in other laws.
(a) All definitions and references to any commission, board, department, council or agency which appear in any other act or law shall, to the extent that the same are consistent with this chapter and in connection with a function transferred to the Department, be construed as referring and relating to the Department of Natural Resources and Environmental Control as created and established by this chapter.
(b) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law shall, to the extent that same are consistent with this chapter and in connection with a function transferred to the Department, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created by this chapter.
29 Del. C. 1953, §  8020;  57 Del. Laws, c. 302, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter I. Natural Resources and Environmental Control › § 8022. Annual report.

§ 8022. Annual report.
The Secretary of the Department shall make an annual report of the Department's operations to the Governor and the General Assembly, and render such other reports as the Governor or General Assembly may from time to time request or as may be required by law.
29 Del. C. 1953, §  8021;  57 Del. Laws, c. 302, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter I. Natural Resources and Environmental Control › § 8023. Misnomer of Department in donation.

§ 8023. Misnomer of Department in donation.
Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey thereby to the Department or to any commission, board, department, authority, council or agency, to which, by this chapter, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.
29 Del. C. 1953, §  8022;  57 Del. Laws, c. 302, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter I. Natural Resources and Environmental Control › § 8024. Budgeting and financing.

§ 8024. Budgeting and financing.
(a) The Secretary, in cooperation with the division directors, shall prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly.
(b) Special funds may be used in accordance with approved programs, grants and appropriations.
29 Del. C. 1953, §  8023;  57 Del. Laws, c. 302, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter I. Natural Resources and Environmental Control › § 8025. Supremacy.

§ 8025. Supremacy.
All other laws or parts of laws now in effect inconsistent with this chapter are repealed, superseded, modified or amended so far as necessary to conform to, and give full force and effect to, this chapter.
29 Del. C. 1953, §  8025;  57 Del. Laws, c. 739, §  237;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter I. Natural Resources and Environmental Control › § 8027. Notification.

§ 8027. Notification.
Except for land acquired by approval of the Open Space Council or approved through a bond and capital improvements act, land shall not be purchased by the Department of Natural Resources and Environmental Control without prior approval of the Cochairs of the Joint Legislative Committee on the Capital Improvement Program; provided, however, that the Department is not prohibited from conducting studies, surveys or other contractual arrangements that would normally precede land acquisition procedures. The Department is also required to provide cost estimates to the cochairs of the Joint Finance Committee and the Bond Bill Committee; these estimates will include costs to develop infrastructure, and the number of positions needed to maintain the land and the associated personnel costs.
73 Del. Laws, c. 310, §  20;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter I. Natural Resources and Environmental Control › § 8030. Energy Efficiency Investment Fund.

§ 8030. Energy Efficiency Investment Fund.
(a) The Division of Climate, Coastal and Energy shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Delaware Energy Office, also referred to as the “Energy Office,” “State Energy Office,” “DEO” and “State Energy Coordinator,” pursuant to:
Chapter 76 of Title 16; Chapters 1, 10 and 15 of Title 26; this chapter; and Chapter 64 of this title.
(b) The Department of Natural Resources and Environmental Control shall manage the Energy Efficiency Investment Fund. The Fund shall be used to incentivize investments in energy efficiency by consumers or users of gas or electricity whose purchase of those commodities from a distributor is subject to the public utility tax on gas or electricity imposed by Chapter 55 of Title 30. The Department shall support implementation of projects that reduce the use of gas, electricity, or other sources through the issuance of competitive grants, low-interest loans, or other financing support from the Fund. The Department shall establish the contents and deadline for applications for financing from the Fund and shall give preference to those applications proposing projects that are anticipated to produce the greatest reduction in energy consumption per Fund dollar invested, improve environmental performance, spur capital construction and facility modernization, encourage job retention and creation, and are likely to be substantially complete no later than 1 year following the issuance of financing from the Fund. In no event shall the Fund provide grant funding for more than 60% of the costs of any proposed project or support projects already receiving support from the Green Energy Fund under this chapter or the Strategic Fund under subchapter II of Chapter 87A of this title. The Fund shall be administered in consultation with the Sustainable Energy Utility and the Department. The Department shall make an annual report on the use of the Energy Efficiency Investment Fund and the value of energy savings resulting therefrom to the Governor's Energy Advisory Council and the General Assembly not later than August 30 of each year after 2011. The Department shall retain no more than 4 percent of the Fund for expenses to administer this section. All terms used herein that are defined in Chapter 55 of Title 30 shall have the same definition used in that chapter.
78 Del. Laws, c. 75, §  5;  78 Del. Laws, c. 290, §  232;  81 Del. Laws, c. 49, §  3;  81 Del. Laws, c. 374, § 22;  84 Del. Laws, c. 107, § 1;  84 Del. Laws, c. 141, § 2;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter I. Natural Resources and Environmental Control › § 8031. Prohibition of collecting natural resource data without the informed written consent of the property owner.

§ 8031. Prohibition of collecting natural resource data without the informed written consent of the property owner.
(a) The following words, terms, and phrases, when used in this section, shall have the meaning ascribed in this subsection:
(1) “Department” means the Department of Natural Resources and Environmental Control.
(2) “Natural resource data” means all the information collected from private property within the State, that was collected by physically being present on private property, that relates to or concerns:
a. The presence of rare or endangered species.
b. The presence and conditions of historic or cultural resources.
(b) From July 11, 2018, forward, the Department shall not enter physically onto private property to collect Natural Resource Data without the informed written consent of the property owner. The informed written consent must contain the method of collection, date of collection, and how the information will be shared.
81 Del. Laws, c. 322, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter I. Natural Resources and Environmental Control › § 8032. Procedures for public notice of permit applications [Effective Jan. 17, 2024].

§ 8032. Procedures for public notice of permit applications [Effective Jan. 17, 2024].
(a) Notwithstanding any law to the contrary, the following minimum requirements must be observed for the issuance of any permit by the Department where public notice is required:
(1) The notice must include instructions for electronic submission of public comments or requests for hearing.
(2) The permit application to which the notice applies must be available electronically. The notice must contain a link or web address where instructions for accessing the full application are available. The Department may provide instructions for nonelectronic review of application attachments that are too voluminous to post electronically.
(3) A copy of the notice shall be posted on the Department's website in addition to whatever other means of delivery is required for the notice.
(4) The Department shall send a copy of the notice by e-mail to members of the General Assembly in whose district the permit would issue.
(b) This section applies to applications for permit renewals.
(c) This section does not apply to applications for permit extensions.
84 Del. Laws, c. 103, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter II. The Delaware Energy Act › § 8052. Definitions.

§ 8052. Definitions.
For the purposes of this subchapter:
(1) “Cost effective energy efficiency projects” means energy efficiency improvements including, but not limited to, wall, floor and ceiling/attic insulation, lighting and electrical upgrades, window replacements and HVAC tune-ups and replacements with a return on investment (ROI) of less than 3 years based upon materials and labor.
(2) “Customer” means any person that has constructed, purchased or leased Renewable Energy Technology and placed it in service in this State for the purpose of generating or receiving energy in this State, including the owner/operator of any building or facility, but not the occupants thereof, that supplies energy to the occupants of such building or facility.
(3) “Person” means and includes an individual, a trust, estate, partnership, limited liability company, association, company or corporation.
(4) “Renewable energy technology” or “alternative energy technology” means and includes any of the following machinery, equipment, or real property:
a. Hydroelectric generators, located at existing dams or in free-flowing waterways, and related devices for water supply and control, and converting, conditioning, and storing the electricity generated;
b. Wind equipment, required to capture and convert wind energy into electricity or mechanical power, and related devices for converting, conditioning and storing the electricity produced;
c. Solar energy equipment, and related devices necessary for collecting, storing, exchanging, conditioning or converting solar energy to other useful forms of energy;
d. Geothermal heat pumps and geothermal heat pump systems;
e. Fuel cells and fuel cell systems; and
f. Biodiesel manufacturing facilities.
(5) “Solar energy equipment” means any equipment that uses solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating, daylighting, generating electricity, distillation, desalinization, detoxification or the production of industrial or commercial process heat, and includes related devices necessary for collecting, storing, exchanging, conditioning or converting solar energy to other useful forms of energy.
74 Del. Laws, c. 38, §  1;  74 Del. Laws, c. 87, §  1;  75 Del. Laws, c. 160, §  1;  77 Del. Laws, c. 452, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter II. The Delaware Energy Act › § 8054. Cabinet Committee on Energy.

§ 8054. Cabinet Committee on Energy.
(a) A Cabinet Committee on Energy is established and shall serve in an advisory capacity to the Governor. It shall be comprised of the following members:
(1) The Secretary of the Department of Natural Resources and Environmental Control.
(2) The Secretary of the Department of Agriculture.
(3) The Secretary of the Department of Transportation.
(4) The Secretary of the Department of Health and Social Services.
(5) The Secretary of the Department of Safety and Homeland Security.
(6) The Secretary of the Department of State.
(7) [Repealed.]
(8) The Director of the Office of Management and Budget.
(9) Such others as the Governor may designate.
(b) The Governor shall designate 1 member to serve as Chairperson of the Committee.
(c) The Committee shall consider matters relating to energy issues and use in state government, including, but not limited to:
(1) Developing programs for state agencies to save energy through energy efficiency in facility construction and operation, energy and equipment procurement.
(2) Setting comprehensive goals and prioritizing programs based on the cost effectiveness of energy saving measure.
(3) Developing and implementing the use of transportation energy reduction methods for employees.
(4) Identifying opportunities for the use of fuel cells and solar energy equipment to meet the energy needs of agencies and/or state buildings.
(d) The State Energy Office shall provide staffing assistance to the Cabinet Committee on Energy.
74 Del. Laws, c. 415;  75 Del. Laws, c. 88, §§  21(13), 38;  81 Del. Laws, c. 49, §  3;  81 Del. Laws, c. 374, § 24;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter II. The Delaware Energy Act › § 8056. Offshore wind transmission and procurement analysis.

§ 8056. Offshore wind transmission and procurement analysis.
(a) Definitions. —
For the purposes of this section:
(1) “Department” means the Department of Natural Resources and Environmental Control.
(2) “DPA” means the Delaware Division of the Public Advocate.
(3) “Offshore wind project” means a power production facility located in waters off the Atlantic coast, converting ocean winds into electricity.
(4) “PJM Interconnection” means PJM Interconnection, LLC or any successor organization that services the PJM region.
(5) “PSC” means the Delaware Public Service Commission.
(b) Transmission planning. —
(1) The Department shall cooperate with PJM Interconnection in an analysis of the impacts on transmission of offshore wind procurement goals of other states within the PJM region and the potential for procurement by Delaware of electricity from offshore wind projects including transmission system upgrade and expansion options that take into consideration both onshore and offshore infrastructure. The Department shall consult with the PSC, the DPA, and all electric utilities in Delaware prior to engaging with PJM Interconnection in this analysis and shall provide the results of any such analysis to the PSC, the DPA, and all electric utilities in Delaware.
(2) The Department shall consult with the state energy offices, or equivalent offices, in other states served by PJM Interconnection to evaluate regional transmission cooperation that could help achieve the State's renewable energy goals with greater efficiency. The Department shall report to the PSC, the DPA, and all electric utilities in Delaware on this effort.
(c) Offshore wind procurement planning. —
The Department shall study the procurement processes, including those used in other Atlantic states for electricity from offshore wind projects, evaluate the options for conducting and evaluating a request for proposal process to procure offshore wind power, and prepare recommendations for potential offshore wind procurement. Any procurement process should consider at least the following:
(1) The long-term cost impact, if any, on ratepayers in Delaware.
(2) Potential economic costs and benefits for the State and for Delawareans.
(3) The consistency of such a procurement with the Delaware Climate Action Plan, the Delaware Energy Plan, and the ability of the State to meet its Renewable Energy Portfolio Standards.
(4) The avoided costs of greenhouse gas emissions and other air pollutants on the State from power generation sources.
(5) Potential health benefits for the State and for Delawareans.
(6) The availability and scale of suitable offshore wind locations.
(7) The state of the offshore wind industry and associated supply chains.
(8) The impacts on the electricity transmission system.
84 Del. Laws, c. 146, § 2;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter II. The Delaware Energy Act › § 8058. Rules and regulations.

§ 8058. Rules and regulations.
The Secretary shall promulgate rules and regulations governing the administration of the State Energy Office or that are necessary to carry out the provisions of this subchapter.
74 Del. Laws, c. 38, §  1;  74 Del. Laws, c. 415.;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter II. The Delaware Energy Act › § 8060. Restrictions.

§ 8060. Restrictions.
(a) No county or municipal government, homeowner association, or association formed for the management of commonly-owned elements and facilities or for regulating use of private property shall adopt any covenant, restriction, deed restriction, zoning restriction, or subdivision restriction which prohibits or restricts the owner of a property from using a system for obtaining wind energy for a residential single family dwelling unit. Any such restriction adopted after August 8, 2009, shall be void and unenforceable. Notwithstanding the provisions of any existing county or municipal zoning ordinance or regulation, no prohibition against or restriction on wind energy systems for residential single-family homes that is inconsistent with this section and adopted prior to August 8, 2009, shall be effective and no conditional use or other zoning review process shall be required.
(b) A county or municipal government, homeowner association, or an association formed for the management of commonly-owned elements and facilities or for regulating use of private property may place restrictions on wind energy system installations subject to subsection (a) of this section, provided such restrictions shall not be more restrictive than the following:
(1) Wind turbines shall be setback 1.0 times the turbine height from adjoining property line. Turbine height means the height of the tower plus the length of 1 blade.
(2) The aggregate noise or audible sound of a wind system shall not exceed 5 decibels above the existing average noise level of the surrounding area and shall be restricted to a maximum of 60 decibels measured at any location along the property line to the parcel where the wind system is located.
(3) Wind systems shall be free from signage, advertising, flags, streamers, any decorative items or any item not related to the operation of the wind turbine. Electric wiring for the turbines shall be placed underground for nonbuilding integrated systems.
(4) This section shall not be applicable in any county or municipal designated historic district or historic zoning district.
(5) Any wind energy system shall be buffered from any properties or structures included on the Historic Register.
(c) The provisions of this section shall apply to wind energy systems and wind facilities that qualify for support from the Green Energy Fund, as authorized under § 8057 of this title, or other such similar programs administered by the State Energy Office.
77 Del. Laws, c. 147, §  1;  77 Del. Laws, c. 329, §  88;