reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 11. OBSTRUCTING NAVIGATION › § 1103. Regulation of anchorage.

§ 1103. Regulation of anchorage.
Vessels anchoring in any river or creek shall do so out of the channel and as near the shore as they can with safety, and, when necessary, shall moor parallel with the channel, so as to leave a free passage, or they shall be held liable, as for gross negligence, in case of collision.
The Town of Lewes shall enforce this regulation as to vessels in the Lewes River above the mouth of the back channel, and the master or owner of any vessel refusing to comply shall be fined $10 for the use of the town, and also the expense of mooring.
Code 1852, §§  1234, 1235;  Code 1915, §  2951;  Code 1935, §  3459;  23 Del. C. 1953, §  1103;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 11. OBSTRUCTING NAVIGATION › § 1104. Obstructions interfering with use of shore or harbor.

§ 1104. Obstructions interfering with use of shore or harbor.
Whoever causes any obstruction to be erected or placed or remain upon the shore of any navigable river in this State so as to interfere with the public use of the river shore or harbor of any city or town situated upon the bank of such river, and, after notice, allows the obstruction to remain unabated for the period of 30 days, shall be guilty of maintaining a public nuisance, and shall be fined not less than $1,000 nor more than $10,000. Upon conviction thereof, the defendant shall be required by order of court to remove such obstruction.
Prosecutions under this section shall be brought in the county where such obstruction exists.
The Attorney General, upon a proper representation by the authorities of any city or town of the existence of any obstruction in the harbor of such city or town, shall institute the proceedings as provided in this section.
15 Del. Laws, c. 117, §§  1, 2;  Code 1915, §  2952;  Code 1935, §  3460;  23 Del. C. 1953, §  1104;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 11. OBSTRUCTING NAVIGATION › § 1105. Mistreatment of buoy, beacon and daymark; notice; penalty; disposition of fine.

§ 1105. Mistreatment of buoy, beacon and daymark; notice; penalty; disposition of fine.
Whoever moors any vessel or vessels of any kind or name whatsoever or any raft or any part of a raft to any buoy, beacon or daymark placed in the waters of Delaware by the authority of the Commandant of the United States Coast Guard, or, in any manner, hangs on with any vessel, raft or part of a raft to any such buoy, beacon or daymark, or wilfully removes, damages or destroys any such buoy, beacon or daymark, or cuts down, removes, damages or destroys any beacon or beacons erected on land in this State by the authority of the Commandant, or having, through unavoidable accident, run down, dragged from its position, or in any way injured any buoy, beacon or daymark, and fails to give notice as soon as practicable of having done so to the Coast Guard inspection official of the district in which the buoy, beacon or daymark may be located, shall for every such offense be fined not more than $200 or imprisoned not more than 3 months. Two thirds of the fine shall be paid to the Commandant to be used in repairing the buoys and beacons.
16 Del. Laws, c. 156, §  1;  Code 1915, §  2953;  Code 1935, §  3461;  23 Del. C. 1953, §  1105;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 11. OBSTRUCTING NAVIGATION › § 1106. Anchoring on range line of range lights; penalty.

§ 1106. Anchoring on range line of range lights; penalty.
No vessel shall anchor on the range line of any range lights established by the Commandant of the United States Coast Guard in this State. The master of any vessel so anchoring shall be fined not more than $50.
16 Del. Laws, c. 156, §  2;  16 Del. Laws, c. 310, §  1;  Code 1915, §  2954;  Code 1935, §  3462;  23 Del. C. 1953, §  1106;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 11. OBSTRUCTING NAVIGATION › § 1107. Lien on vessel causing damage.

§ 1107. Lien on vessel causing damage.
The cost of repairing or replacing any buoy, beacon or daymark which has been misplaced, damaged or destroyed by any vessel or raft whatsoever, having been made fast to any such buoy, beacon or daymark, shall, when the same has been legally ascertained, be a lien upon such vessel or raft, and may be recovered against such vessel or raft and the owner or owners thereof in a civil action in any court of competent jurisdiction in the State.
16 Del. Laws, c. 156, §  3;  Code 1915, §  2955;  Code 1935, §  3463;  23 Del. C. 1953, §  1107;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 11. OBSTRUCTING NAVIGATION › § 1108. Obstructions of navigation in St. Jones' River; penalties.

§ 1108. Obstructions of navigation in St. Jones' River; penalties.
Whenever any obstruction to the navigation of the St. Jones' River occurs, by reason of dirt or other material falling or being washed into the River, in consequence of any wharf thereon being out of proper repair, the owner of the wharf shall remove the obstruction without delay. If the owner fails to do so, the owner shall be fined not less than $20 nor more than $500. The court shall, if the nuisance exists at the time of the conviction, make an order for its abatement.
This section shall not apply in the case of obstructions arising from the nonrepair of any wharfing upon the River done by authority of the Department of Highways and Transportation for protection of a public road, but the Department of Highways and Transportation shall remove such obstructions, and the Department of Highways and Transportation shall be chargeable with the expenses thereof.
11 Del. Laws, c. 425, §§  1, 2;  Code 1915, §  2956;  40 Del. Laws, c. 107, §  1;  Code 1935, §  3464;  23 Del. C. 1953, §  1108;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 11. OBSTRUCTING NAVIGATION › § 1109. Anchoring regulations in St. Jones' River.

§ 1109. Anchoring regulations in St. Jones' River.
No captain or commander of any vessel, boat, barge or scow shall moor, anchor or make fast in any manner to the west side of the St. Jones' River, commonly known as the Murderkill side, within 1/2 mile of the mouth of the River.
All vessels, boats, barges or scows lying within 1/2 mile of the mouth of the river shall be anchored, moored or made fast upon the east or what is commonly known as the St. Jones' side of the river, and in such case not more than 2 shall lie abreast and in no case shall extend beyond the middle of the stream, and when so anchored, moored or made fast, the vessel, boat, barge or scow, being next to the channel, shall show the lights as prescribed by law.
All vessels awaiting wind or tide above the limit shall moor or make fast (avoiding the channel) upon the convex or point side of the river, keeping the channel and the concave or bend side clear for vessels passing up or down. All vessels, boats, barges and scows going with the tide shall have the right-of-way, those going against the tide shall be considered as waiting tide or tide bound.
The captain or commander of any vessel, boat, barge or scow upon entering the river shall house the anchor or anchors, that is to say, so place them that they will not protrude over the railings of their respective crafts.
In case of damage resulting from collision or otherwise by reason of the violation of any of the provisions of this section, the owner or owners of the vessel, boat, barge or scow whose captain or commander has violated such provisions shall, as well as the captain or commander, be liable to the owner or owners whose vessel, boat, barge or scow is injured by reason of the violation as for gross negligence, and shall pay to the owner or owners of the vessel, boat, barge or scow suffering such injury all the actual damages sustained, together with damages caused from detention by reason of the injury, with cost of suit, to be recovered by a civil action.
18 Del. Laws, c. 618, §§  1-5;  Code 1915, §  2957;  Code 1935, §  3465;  23 Del. C. 1953, §  1109;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 11. OBSTRUCTING NAVIGATION › § 1110. Obstruction of navigation in Murderkill River and Spring Creek.

§ 1110. Obstruction of navigation in Murderkill River and Spring Creek.
Whoever fills up or designedly or intentionally injures or obstructs any canal already cut between the waters of Murderkill River and Spring Creek, or either of the streams and the branches of the other, or injures or obstructs the navigation of the streams of the branches of Spring Creek, or either of them, by wears, hedges or in any other manner whatsoever, shall severally forfeit and pay $100, 1 moiety thereof to the use of the county and the other moiety thereof to the use of the person or persons who will sue for the same before any justice of the peace in Kent County. The justice shall have full power and authority to hear and determine all questions arising under this section.
Upon an affidavit being made before any justice of the peace in Kent County stating that any obstruction is made as contemplated by this section, the justice shall authorize some suitable person to cause the obstructions to be removed and to call to assistance a sufficient number of persons to make such removal, and certify to the justice the costs of doing the same, which costs, in any proceeding against the person who it is ascertained caused such obstruction, shall be recovered in addition to the fine imposed by this section.
12 Del. Laws, c. 220, §§  1, 2;  16 Del. Laws, c. 310, §  1;  Code 1915, §  2958;  Code 1935, §  3466;  23 Del. C. 1953, §  1110;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 11. OBSTRUCTING NAVIGATION › § 1111. Removal or destruction of channel stakes in Murderkill River; penalty.

§ 1111. Removal or destruction of channel stakes in Murderkill River; penalty.
Whoever wilfully destroys or removes any of the stakes settled and planted to designate the channel of Murderkill River, by and under the authority of 13 Del. Laws, c. 153, shall be fined $20 for each stake removed.
13 Del. Laws, c. 153, §  2;  16 Del. Laws, c. 310, §  1;  Code 1915, §  2959;  Code 1935, §  3467;  23 Del. C. 1953, §  1111;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 11. OBSTRUCTING NAVIGATION › § 1112. Liability for collision caused by anchoring in Deep Hole below Broadkiln Creek.

§ 1112. Liability for collision caused by anchoring in Deep Hole below Broadkiln Creek.
Whenever any captain or commander of a vessel anchors any vessel under the captain's or commander's charge within the limits of the place known as the Deep Hole, just below the mouth of Broadkiln Creek, in Sussex County, and whenever, if by reason of the anchoring of the vessel in such place, the vessel so anchoring is injured by collision with another vessel, the captain or commander of the vessel so anchoring shall be held liable as for gross negligence, and shall pay to the owner or owners of the vessel suffering such injury all the actual damages sustained, with costs of suit, to be recovered by a civil action.
Whenever by reason of the anchoring of any vessel in such place any other vessel is injured by collision with the vessel so anchoring, the owner or owners of the vessel so anchoring shall be held liable to the owner or owners of the vessel so injured, as for gross negligence, and shall pay to the owner or owners of the vessel suffering such injury all the actual damages sustained, with costs of suit, to be recovered by a civil action.
13 Del. Laws, c. 152, §§  1, 2;  Code 1915, §  2960;  Code 1935, §  3468;  23 Del. C. 1953, §  1112;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 11. OBSTRUCTING NAVIGATION › § 1113. Regulations for anchoring at mouth of Mahon's River; penalties; jurisdiction.

§ 1113. Regulations for anchoring at mouth of Mahon's River; penalties; jurisdiction.
No boat or vessel of any kind or description shall anchor, moor, make fast or cause to be anchored, moored or made fast so it may swing in the western half of the mouth of Mahon's River, commencing at Mahon's Light House and ending at or abreast of the road between the store of Walter Hendrickson and the steamboat wharf. The mouth of Mahon's River on the western side must at all times be kept clear of all obstructions, either of vessels at anchor or moored therein, or anchors, chains, hawsers or lines, from the shore on the west side to the middle of the river or harbor from where Mahon's Light House now stands to the road. Nothing in this section shall interfere with vessels or boats made fast to wharves or to the shore loading or unloading. When they are hauled close to the wharf or shore, both ends of such boat or vessel must be made fast and not more than 1 abreast.
Whoever, either permanently or temporarily in charge of any vessel or boat, anchors, moors or makes fast, or causes to be anchored, moored or made fast the same, or obstructs with lines or in any manner whatsoever any part of the River or harbor mentioned in this section shall be fined $10 for each offense, together with the costs of the prosecution, and, upon failure to pay such fine and costs, shall be imprisoned for a term of not more than 3 months, if the fine and costs be not sooner paid.
Justices of the peace shall have jurisdiction of offenses under this section.
Whoever violates this section shall be liable for damages for any loss of life or property or for any injury to person or property caused by such violation.
21 Del. Laws, c. 272, §§  1-3;  Code 1915, §  2961;  Code 1935, §  3469;  23 Del. C. 1953, §  1113;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 13. VESSEL PROPERTY › § 1301. Control by owner or owners of more than half part; master's refusal to surrender; penalty.

§ 1301. Control by owner or owners of more than half part; master's refusal to surrender; penalty.
Every vessel owned by a citizen or citizens of this State shall be subject to the control of the vessel's owner, if there be but 1, or, if such vessel be owned by several jointly or in common, the vessel shall be subject to the control of the owner or owners of more than a 1/2 half part.
The owner or owners of such share may discharge the master of such vessel, though the master be a part owner, and may maintain a civil action against the master to recover possession of the vessel if the master refuse to deliver the vessel to the owner or owners or to an agent, and recover damages for the detention.
If such master, upon being discharged, refuses or neglects to deliver to such owner or owners of more than a half part, or to an agent, on demand, the vessel with all the vessel's papers, tackle, apparel and furniture, the master shall be fined $100.
Code 1852, §§  1236-1238;  Code 1915, §  2989;  Code 1935, §  3482;  23 Del. C. 1953, §  1301;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 13. VESSEL PROPERTY › § 1302. Forcible, fraudulent or secret taking of vessel; penalty.

§ 1302. Forcible, fraudulent or secret taking of vessel; penalty.
Whoever forcibly, fraudulently or secretly takes or attempts to take and remove any vessel from any harbor, river, creek or sound within this State, on any pretense whatever, shall be fined not more than $500, and shall restore to the owners the vessel and cargo or the full value thereof.
Code 1852, §  1239;  Code 1915, §  2990;  Code 1935, §  3483;  23 Del. C. 1953, §  1302;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 13. VESSEL PROPERTY › § 1304. Vessels and property relating to vessels adrift or abandoned on private property.

§ 1304. Vessels and property relating to vessels adrift or abandoned on private property.
(a) Abandoned vessels and property relating to vessels on the strand on private property, such as private waters, private subaqueous land, private marinas, private docks, and private boatyards, may be seized, removed, transported, preserved, stored, and disposed of by the Department pursuant to the provisions of this chapter upon written request to the Department by the private property owner, if the Department receives funding to provide such a service.
(b) Subsection (a) of this section does not apply to:
(1) A vessel whose owner has not complied with the terms of a financial agreement to pay docking, mooring, storage, or similar fees at a private marina, dock, boatyard, or other nautical facility, yet allows the vessel to remain at the marina, dock, boatyard, or other facility;
(2) A vessel whose owner trespasses on private property by leaving that owner's vessel in another person's boat slip or dockspace without the permission of the other person.
76 Del. Laws, c. 84, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 13. VESSEL PROPERTY › § 1305. Penalties; jurisdiction.

§ 1305. Penalties; jurisdiction.
A person who abandons a vessel or property relating to a vessel on public or private property for more than 30 days or who violates any other provision of § 1303 or § 1304 of this title is subject to a civil penalty of not less than $100 nor more than $500 for each offense. In addition, the sentencing official shall order the person to reimburse the Department for all expenses incurred by the Department in the enforcement of §§ 1303 and 1304 of this title, including seizure, removal, transportation, preservation, storage, and disposal expenses of or for abandoned vessels and for property relating to a vessel. Superior Court has jurisdiction over violations of this chapter.
76 Del. Laws, c. 84, §  3;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 15. WHARF LINES AND BULKHEADS › § 1501. Limitation on wharves in City of New Castle.

§ 1501. Limitation on wharves in City of New Castle.
Whoever builds or extends any wharf or wharves or landing places, filled up solid from the foundation into the Delaware River, further than by the determination and limitation by the City Council of the City of New Castle of the wharf line in front of the city upon the river, under 14 Del. Laws, c. 546, which they shall be allowed to do, or neglects or refuses to leave such proper sluice ways in the wharves or landing places (as may be necessary) in the proper places thereof, according to such limitation or determination, shall forfeit and pay for every such offense the sum of $500, besides the costs of prosecution, 1 moiety for the use of the City of New Castle to be paid to the City Council of the city, and the other moiety for the use of the person who sues for the same, and any such wharf extended beyond the limitation fixed may and shall be abated and removed by the City of New Castle.
14 Del. Laws, c. 546, §  2;  Code 1915, §  2962;  Code 1935, §  3470;  23 Del. C. 1953, §  1501;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 15. WHARF LINES AND BULKHEADS › § 1502. Laurel River; wharf lines and limitations.

§ 1502. Laurel River; wharf lines and limitations.
Commissioners appointed under 18 Del. Laws, c. 224, having adjusted and determined certain limits on each side of the Laurel River in Sussex County, from the iron bridge over the river down river, to which wharves may be extended out into the river, and having returned their proceedings in that behalf, together with a plot showing the limits to the clerk of the peace of such County, in accordance with such statute, no person, for any purpose whatsoever, shall construct or cause to be constructed on either side of the Laurel river, between the iron bridge and the point down the river as determined upon by the Commissioners, any wharf, platform, landing place, marine railway, pier, piles, abutment or other obstruction to the current of the river, extending into the river beyond the limits adjusted and determined on by the return.
No person shall construct or cause to be constructed, or have or keep on either side of the Laurel River, between the iron bridge and the point down the river, as determined upon by the Commissioners, and within the limits adjusted and determined (that is to say, between either 1 of the limits and the shore with respect to which such limits shall be fixed), any wharf or platform supported on piles, piers or abutments so fixed as to leave spaces between them open to the river, or construct or cause to be constructed, have or keep between the points and within the limit to be adjusted and determined any sluice way or sluice ways in any wharf built or to be built on the river.
18 Del. Laws, c. 244, §§  1-3;  18 Del. Laws, c. 456, §  1;  Code 1915, §§  2963, 2964;  Code 1935, §§  3471, 3472;  23 Del. C. 1953, §  1502;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 15. WHARF LINES AND BULKHEADS › § 1503. Enforcement of Laurel River restrictions.

§ 1503. Enforcement of Laurel River restrictions.
The Levy Court Commissioners of Sussex County, upon complaint of 1 or more inhabitants of either of the Fourth or Fifth Representative Districts, that any wharf, platforms, landing place, marine railway, pier, pile, abutment or other obstruction of the river has been constructed and is held or kept in or upon the Laurel River contrary to § 1502 of this title, shall, upon giving at least 10 days' notice to the owner or occupier of the same, hear and determine such complaint, and, if necessary, view and examine the matter or thing complained of. If the Levy Court Commissioners shall, upon such hearing, adjudge that the matter or thing complained of is held or kept contrary to such section, they shall forthwith deliver to the owner or occupier of any such wharf, platform, landing place, marine railway, pier, pile, abutment or other obstruction a certified copy of their finding in that behalf and a written notice to remove the same. If any such wharf, platform, landing place, marine railway, pier, pile, abutment or other obstruction be not removed or conformed to such section within 90 days after the delivery of such certified copy, the person holding the same as the owner thereof shall forfeit and pay to any person who will sue for the same the sum of $500, to be recovered with costs of suit as debts of like amount are by law recoverable, 1/2 of the penalty to be for the use of the person suing therefor, and the residue thereof to be for the use of Broad and Little Creek Hundreds. The Prothonotary of Sussex County, if any such wharf, platform, landing place, marine railway, pier, pile, abutment or other obstruction be not removed or conformed to such section within 90 days after the delivery of such certified copy, without delay, shall issue a warrant or writ directed to the Sheriff of the County commanding the sheriff to abate such wharf, platform, landing place, marine railway, pier, pile, abutment or other obstruction, or to conform the same to such section, whereupon the Sheriff shall forthwith proceed to abate the same or to conform the same to such section. The expenses incurred in carrying into effect this provision shall be such as the Levy Court shall allow, and the same having been paid by the County Treasurer, the amount thereof may be recovered in the name of the County of Sussex from the owner or occupier of the matter or thing abated, as debts of like amount are by law recoverable.
18 Del. Laws, c. 244, §  4;  Code 1915, §  2965;  Code 1935, §  3473;  23 Del. C. 1953, §  1503;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 15. WHARF LINES AND BULKHEADS › § 1504. Drainage into Laurel River.

§ 1504. Drainage into Laurel River.
Nothing contained in §§ 1502 and 1503 of this title shall be construed to prevent the Town of Laurel from constructing, erecting or providing proper sluices, culverts and waste ways for the drainage of the town or to prevent the present drains or gutters from being emptied into Laurel River.
18 Del. Laws, c. 244, §  7;  Code 1915, §  2966;  Code 1935, §  3474;  23 Del. C. 1953, §  1504;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 15. WHARF LINES AND BULKHEADS › § 1505. Delaware River opposite Wilmington and Edge Moor; bulkhead and pier lines.

§ 1505. Delaware River opposite Wilmington and Edge Moor; bulkhead and pier lines.
The bulkhead line or lines of solid filling and the pier line in the tidewaters of the River Delaware, lying between the Christina River and the northerly boundary of Edge Moor, opposite the City of Wilmington and Edge Moor, as fixed, established and adopted, or hereafter to be fixed, established and adopted, by the Secretary of the Army of the United States, under the acts of Congress in that behalf, are adopted and declared to be fixed and established as the exterior bulkhead and pier lines between the points, as such exterior bulkhead and pier lines so fixed, established and adopted are or may hereafter be shown upon the manuscript map or maps, report or reports filed in the office of the Secretary of the Army or the Department of the Army.
22 Del. Laws, c. 2, §  1;  Code 1915, §  2982;  Code 1935, §  3475;  23 Del. C. 1953, §  1505;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 15. WHARF LINES AND BULKHEADS › § 1506. Filing federal maps and reports.

§ 1506. Filing federal maps and reports.
The Secretary of State shall procure duplicate copies of the federal government's manuscript map or maps, report or reports accompanying the same, from time to time, and file 1 of the copies in the Secretary's office at Dover and the other in the office of the Recorder of Deeds for New Castle County. The copies when so filed, or certified copies thereof, shall be competent evidence for all purposes.
22 Del. Laws, c. 2, §  2;  Code 1915, §  2983;  Code 1935, §  3476;  23 Del. C. 1953, §  1506;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 15. WHARF LINES AND BULKHEADS › § 1507. Filling in beyond established bulkhead line; structures outside bulkhead line.

§ 1507. Filling in beyond established bulkhead line; structures outside bulkhead line.
It shall not be lawful to fill in with earth, stone or other solid material in the tidewaters of the Delaware River between the points referred to in § 1505 of this title, beyond the bulkhead line or lines of solid filling by §§ 1505-1510 of this title adopted, fixed, established, laid down and exhibited on the map or maps, report or reports, except in the construction of duly authorized piers. No erection or structure of any kind shall hereafter be erected, allowed or maintained beyond or exterior to such bulkhead line or lines of solid filling, except duly authorized piers, which shall not be less than 150 feet distant one from the other, and which shall in no case extend beyond the lines indicated for piers on such map or maps, report or reports.
22 Del. Laws, c. 2, §  3;  Code 1915, §  2984;  Code 1935, §  3477;  23 Del. C. 1953, §  1507;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 15. WHARF LINES AND BULKHEADS › § 1508. Littoral proprietors' rights; deposit of dredgings by United States.

§ 1508. Littoral proprietors' rights; deposit of dredgings by United States.
The littoral proprietors abutting on the River Delaware, between Christina River and the northerly boundary of Edge Moor, may erect bulkheads, wharves and piers on the line or lines now or hereafter to be fixed, established and adopted as provided in § 1505 of this title, opposite their respective littoral holdings on the river, between the Christina River and the northerly boundary of Edge Moor, and fill in with earth, stones or other material the space or spaces between the bulkhead line or lines of solid filling shown or exhibited on the map or maps, report or reports referred to in § 1505 of this title, and the westerly bank of the river (designating the high watermark thereof), between the Christina River and the northerly boundary of Edge Moor. Nothing contained in this section shall operate to prevent the United States from utilizing all or any portion of the space between the bulkhead and the westerly bank of the river for the deposit of dredged material taken from the River Delaware in the progress of the improvement thereof, not exceeding 12 feet in height above mean low water. The filling in of the space between the lines by any littoral proprietor shall be under and subject to the regulations of the Department of the Army of the United States.
22 Del. Laws, c. 2, §  4;  Code 1915, §  2985;  Code 1935, §  3478;  23 Del. C. 1953, §  1508;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 15. WHARF LINES AND BULKHEADS › § 1509. Title of littoral proprietors to lands filled in.

§ 1509. Title of littoral proprietors to lands filled in.
The land under the waters of the Delaware River, within the limits as determined in § 1510 of this title, on the front of the littoral holdings of the littoral proprietors, respectively, and between the bulkhead line or lines of solid filling, as shown and exhibited on the maps referred to in § 1505 of this title, and the westerly bank of the river (designating the high watermark thereof), shall vest in fee in the littoral proprietors, their heirs, executors, administrators, successors and assigns, respectively. When a suitable bulkhead has been constructed in front of any of the littoral holdings of any of the littoral proprietors, the Attorney General, upon satisfactory evidence of that fact, and the tender to the Attorney General of the reasonable and necessary expenses of preparing the conveyance or conveyances named in this section, shall seasonably prepare and forthwith execute under the seal of the State a grant assuring to the littoral proprietors, respectively, their heirs, executors, administrators, successors and assigns the lands under water in front of their respective littoral holdings between the bulkhead line and the river bank.
22 Del. Laws, c. 2, §  5;  Code 1915, §  2986;  Code 1935, §  3479;  23 Del. C. 1953, §  1509;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 15. WHARF LINES AND BULKHEADS › § 1510. Waterfront of respective proprietors; determination of.

§ 1510. Waterfront of respective proprietors; determination of.
The breadth of waterfront appertaining to each littoral proprietor or owner of land abutting on the river bank shall be determined by protracting the line of the land to the bulkhead line established under §§ 1505-1511 of this title, wherever the protraction of the lines would not result in giving the owner more or to any other littoral proprietor less than the owner's proportionate share of frontage on the bulkhead line. In case of a conflict arising from the divergence or convergence of the lines of the littoral proprietors or of the public streets, the Attorney General may settle the lines outside of the river bank so that equal justice shall be done to all concerned.
22 Del. Laws, c. 2, §  6;  Code 1915, §  2987;  Code 1935, §  3480;  23 Del. C. 1953, §  1510;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 15. WHARF LINES AND BULKHEADS › § 1511. Proprietors' right to own and hold structures on river front; further rights.

§ 1511. Proprietors' right to own and hold structures on river front; further rights.
The littoral proprietors, respectively, may own and hold all bulkheads, docks, wharves, buildings and piers that hereafter may be erected pursuant to §§ 1505-1511 of this title on the front of their littoral holdings, respectively, and may use, possess, repair and keep the same in order, and lay any steamboat, vessel or other craft at the same, and may demand, take, sue for and recover reasonable wharfage, demurrage, rent or dockage of and from any steamboat, vessel or other craft using the same, and from all persons who may use the bulkhead, docks, wharves, buildings and piers in any way whatsoever, and may also sue for and recover any damage that may be done to the same.
22 Del. Laws, c. 2, §  7;  Code 1915, §  2988;  Code 1935, §  3481;  23 Del. C. 1953, §  1511;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 17. DREDGING AND BEACHES › § 1701. Removal of dredgings beyond limits of State; penalty.

§ 1701. Removal of dredgings beyond limits of State; penalty.
Whoever knowingly and wilfully transports or removes or attempts to transport or remove to any point or place of deposit beyond the territorial limits of the State, by any process or in any manner, any dredging, earth, dirt, mud, soil, sand, silt or other material of any kind, either in a solid or liquid state, that is taken, dug, dredged or excavated from under the waters of the bays, rivers and creeks within the limits of the State, in the prosecution of works of improvement or maintenance of any channelway or harbor within the State, shall be fined not less than $250 nor more than $2,500, or imprisoned for not less than 30 days nor more than 1 year, or both.
25 Del. Laws, c. 249, §  1;  Code 1915, §  3530;  Code 1935, §  4021;  23 Del. C. 1953, §  1701;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 17. DREDGING AND BEACHES › § 1702. Depositing dredged material outside State; penalty.

§ 1702. Depositing dredged material outside State; penalty.
Whoever, being in any manner engaged in the work of dredging or excavating any earth, soil, dirt, mud, sand, silt or other material of any kind from any channelway or harbor within this State, or of removing the same therefrom, in the prosecution of works of improvement or maintenance thereof, wilfully deposits and discharges any of such material outside the territorial limits of this State shall be fined $5 for every cubic yard of earth, soil, dirt, mud, sand, silt or other material of any kind which is so deposited or discharged.
25 Del. Laws, c. 249, §  4;  Code 1915, §  3533;  Code 1935, §  4024;  23 Del. C. 1953, §  1702;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 17. DREDGING AND BEACHES › § 1703. Liability of masters, pilots and engineers.

§ 1703. Liability of masters, pilots and engineers.
Whoever, being a master, pilot, engineer or other person acting in such capacity on board of any boat or vessel, knowingly engages in towing any scow, boat, vessel or other craft loaded with any such matter or substance described in § 1701 of this title to any point or place of deposit beyond the territorial limits of this State shall be guilty of a violation of §§ 1701 and 1702 of this title, and shall be fined not less than $250 nor more than $2,500 or imprisoned for not less than 30 days nor more than 1 year, or both.
25 Del. Laws, c. 249, §  2;  Code 1915, §  3531;  Code 1935, §  4022;  23 Del. C. 1953, §  1703;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 17. DREDGING AND BEACHES › § 1704. Vessels liable for pecuniary penalties; enforcement of lien.

§ 1704. Vessels liable for pecuniary penalties; enforcement of lien.
Any boat, vessel, scow or other craft used or employed in violating any of the provisions of §§ 1701 and 1703 of this title shall be liable to the pecuniary penalties imposed by such sections, and the penalties shall be a lien upon the boat, vessel, scow or other craft and may be enforced summarily by the Attorney General in the name of the State by way of libel in any court having jurisdiction thereof.
25 Del. Laws, c. 249, §  3;  Code 1915, §  3532;  Code 1935, §  4023;  23 Del. C. 1953, §  1704;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 17. DREDGING AND BEACHES › § 1705. Removal of building materials.

§ 1705. Removal of building materials.
Sections 1701-1704 of this title shall not be construed to prevent any person from dredging, excavating or removing from this State clay, sand or other mineral or substance intended to be used in building or any other art or trade.
25 Del. Laws, c. 249, §  5;  Code 1915, §  3534;  Code 1935, §  4025;  23 Del. C. 1953, §  1705;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 17. DREDGING AND BEACHES › § 1706. Removing sand from beach areas.

§ 1706. Removing sand from beach areas.
No sand shall be dug, mined, removed or carried away from any public or private beach extending from mean high watermark to the Ocean Highway between Rehoboth and the Maryland state line.
41 Del. Laws, c. 197, §  1;  42 Del. Laws, c. 178, §  1;  45 Del. Laws, c. 277, §  1;  23 Del. C. 1953, §  1706;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 17. DREDGING AND BEACHES › § 1707. Permission for sand removal; exception of gravel.

§ 1707. Permission for sand removal; exception of gravel.
No person shall dig, mine, remove or carry away, or cause to be dug, mined, removed or carried away, any sand from any public or private beach along the Delaware Bay or along the Atlantic Ocean within 500 feet from mean high watermark, whereby, because of such digging, mining, removal or carrying away of such sand, the beaches or lands abutting thereon or adjacent thereto would become flooded or barrier dunes would be destroyed, or so nearly destroyed, as to become ineffectual in holding back any of the waters from the Delaware River or Delaware Bay or the Atlantic Ocean, or the probability of the flooding of such lands would be materially increased, without first obtaining written consent from the Department of Transportation to dig, mine, remove or carry away the quantity of sand desired from the place designated from which such sand is to be taken, provided that this section shall not prohibit the digging or removal of gravel therefrom.
For the purpose of §§ 1706-1708 of this title, gravel shall be construed to mean any gravel or coarse sand suitable for concrete masonry such as can be had or found between high and low watermark.
41 Del. Laws, c. 197, §  1;  42 Del. Laws, c. 178, §  1;  45 Del. Laws, c. 277, §  1;  23 Del. C. 1953, §  1707;  60 Del. Laws, c. 503, §  27;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 17. DREDGING AND BEACHES › § 1708. Penalties for removing sand; enforcement.

§ 1708. Penalties for removing sand; enforcement.
(a) Whoever violates §§ 1706 and 1707 of this title shall be fined not less than $10 nor more than $50, or imprisoned for not less than 5 nor more than 30 days.
(b) The justices of the peace shall have jurisdiction to hear and determine violations of §§ 1706 and 1707 of this title.
41 Del. Laws, c. 197, §§  2, 3;  23 Del. C. 1953, §  1708;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 17. DREDGING AND BEACHES › § 1709. Exemption.

§ 1709. Exemption.
The provisions of this chapter shall not apply to the transport or removal from this State of any dredging, earth, dirt, mud, soil, sand, silt or other material of any kind, either in a solid or liquid state, from the Nanticoke River.
74 Del. Laws, c. 10, §  1;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 19. DAMS › § 1902. Procedure to condemn materials for building and repair of dams.

§ 1902. Procedure to condemn materials for building and repair of dams.
Whenever earth, sand, gravel, stone or other material requisite for the construction or repair of any lawful dam shall lie contiguous or adjacent to such dam, the owner of such dam may proceed by petition, setting forth the facts, to the Superior Court of any county in term time, or to any Judge thereof in vacation, upon 10 days' notice to the owner of such earth, sand, gravel, stone or other material, if resident within the State, or, if nonresident, to the tenant residing upon the premises. The Court or any Judge thereof shall thereupon by order appoint 5 disinterested freeholders of the county as commissioners, directing them to go upon the premises described in the petition and assess the value of such earth, sand, gravel, stone or other material stated in the petition to be required, and also to determine the damages sustained by the owner thereof by reason of taking the same, and make return thereof under their hands or the hands of a majority of them, which return shall be forthwith filed in the office of the Clerk of the Court in the county wherein the proceedings shall take place. Upon amount of damages so being paid unto the person entitled, or deposited to their credit in any state or national bank having an office or a branch in the county where the proceedings shall have been commenced, the owner of such dam may enter in and upon the premises described in the petition, containing such earth, stone, sand, gravel or other material, and take and remove and use the same for the construction or repair of their dam. If either party be dissatisfied with the amount of damages awarded, upon notice and petition filed within 30 days after the return of the commissioners, the Court or any Judge thereof shall grant an order of review and appoint 5 other freeholders, who shall review the premises and reassess the damages and make return.
If greater damages are allowed than were given on the first order, such increase shall be forthwith paid or deposited by the owner of the dam, and if less damages shall be allowed, the difference between the sums so awarded shall be refunded, the costs of such review to be borne by the unsuccessful party. Proceedings for a review shall not delay the right of the owner of the dam to take and use the materials in question in the repair or construction of such dam after having paid or deposited the amount first awarded.
13 Del. Laws, c. 450, §  1;  Code 1915, §  3670;  Code 1935, §  4222;  23 Del. C. 1953, §  1902;  63 Del. Laws, c. 142, §  40;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 19. DAMS › § 1903. Right of entry to repair banks of stream.

§ 1903. Right of entry to repair banks of stream.
If at any time a breach in the banks of any stream, upon which a lawful dam shall exist, shall occur by reason of flood or from any other cause whereby the usual volume of water shall be diverted from its customary channel to the injury of the owner of such dam and water power, such owner may enter in and upon the lands where such breach shall have occurred and repair the dam. All damages which may occur unto the premises by reason of such entry and repair shall be assessed upon the application of either party in interest in the mode appointed in § 1902 of this title and subject to the same provisions as to payment or deposit and review.
13 Del. Laws, c. 450, §  1;  Code 1915, §  3671;  Code 1935, §  4223;  23 Del. C. 1953, §  1903;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 19. DAMS › § 1904. Forcing water back to injury of adjoining landowners; penalty; exceptions.

§ 1904. Forcing water back to injury of adjoining landowners; penalty; exceptions.
Whoever owns, leases or controls any milldam or millpond upon or across any stream of water shall construct and maintain the dam across such stream in such manner and with such gates and appliances that the waters of the stream shall not at any time be thrown, held or forced back upon the land of any other owner above such millpond to the injury or damage of such other owner.
Whoever violates this section, upon the complaint of the owner of land injured or damaged thereby, shall be fined not more than $10 for each day such violation continues. Whoever offends shall also be liable in pecuniary damages to the owner of land injured by any violation of this section, to be recovered in an action at law. This section shall not apply to the flooding of lands by backwater occasioned by rains or freshets. This section shall apply within the limits of Kent and Sussex Counties only.
26 Del. Laws, c. 176, §§  1, 2;  Code 1915, §  3672;  28 Del. Laws, c. 231;  Code 1935, §  4224;  23 Del. C. 1953, §  1904;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 21. MOTORBOATS › Subchapter I. General Provisions › § 2101. Restriction on speed of motorboats.

§ 2101. Restriction on speed of motorboats.
No person shall operate a boat in Noxentown Lake, New Castle County, propelled by a motor of more than 5 horsepower, except when such boat is being used for the purpose of training a crew of a shell or other racing boat, or is following such a shell or racing boat during a boat or crew race.
46 Del. Laws, c. 310, §  1;  48 Del. Laws, c. 82, §  1;  23 Del. C. 1953, §  2101;  71 Del. Laws, c. 329, §  1;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 21. MOTORBOATS › Subchapter I. General Provisions › § 2102. Penalty.

§ 2102. Penalty.
Whoever violates this subchapter shall be guilty of a class D environmental violation.
46 Del. Laws, c. 310, §  2;  48 Del. Laws, c. 82, §  2;  23 Del. C. 1953, §  2102;  71 Del. Laws, c. 427, §  1;  79 Del. Laws, c. 421, §  14;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 21. MOTORBOATS › Subchapter II. Registration, Equipment and Operation › § 2111. Declaration of policy.

§ 2111. Declaration of policy.
It is hereby declared to be the policy of the General Assembly and the purpose of this subchapter to improve boating safety and to foster greater development, use and enjoyment of all the waters of the State by encouraging and assisting participation by the State, the boating industry and the boating public in the development of boating safety programs which are more comprehensive, and by creating flexible regulatory authority concerning the use of boats and equipment. It is further declared to be the policy of the General Assembly to encourage greater and continuing uniformity of boating laws and regulations between the State, its subdivisions and the federal government; a higher degree of reciprocity and comity among the several jurisdictions; and closer cooperation and assistance between the State and the federal government in developing, administering and enforcing federal and state laws and regulations pertaining to boating safety.
23 Del. C. 1953, §  2111;  52 Del. Laws, c. 154, §  1;  59 Del. Laws, c. 576, §  1;
2023 Delaware Code › Title 23 - Navigation and Waters › Chapter 21. MOTORBOATS › Subchapter II. Registration, Equipment and Operation › § 2112. Definitions.

§ 2112. Definitions.
Unless as otherwise provided for in this section or Department regulations, the definitions used in this chapter shall be the same as those used in the Federal Boat Safety Act of 1971 [46 U.S.C. § 4301 et seq.]. Other definitions are:
(1) “Department” means the Department of Natural Resources and Environmental Control, unless stated otherwise in this chapter.
(2) “Fish and Wildlife Agent” means a law-enforcement officer employed by the Department of Natural Resources and Environmental Control pursuant to this title and § 8003(13) of Title 29.
(3) “Physical injury” means impairment of physical condition or substantial pain.
(4) “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control, unless otherwise stated in this chapter.
(5) “Serious physical injury” means physical injury which creates a substantial risk of death, or which causes serious and prolonged disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ.
(6) “State” means the State of Delaware.
(7) “Vessel” shall mean every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on water or ice. Jet skis, surf jets, ski craft and other personal watercraft are vessels for purposes of this chapter.
(8) “Waters of the State” means any waters within the territorial limits of this State, the marginal sea adjacent to this State and the high seas when navigated as a part of a journey or ride to or from the shore of this State.
(9) “Waterway management” means those activities necessary to provide for the planning, surveying, design, engineering and construction, or other activities directly related to the maintenance of public waterways, including dredging, channel marking, debris and derelict vessel/structure removal, the beneficial use of sediment, and shoreline and bathymetric survey work for commercial or recreational waterways.
(10) “Waterway Management Fund” means 50% of funds collected pursuant to § 2113(a) of this title shall be considered waterway management funds and utilized for waterway management.
23 Del. C. 1953, §  2112;  52 Del. Laws, c. 154, §  2;  52 Del. Laws, c. 231, §  2;  59 Del. Laws, c. 576, §  1;  68 Del. Laws, c. 185, §  1;  70 Del. Laws, c. 105, §  18;  71 Del. Laws, c. 427, §  8;  80 Del. Laws, c. 331, § 1;