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DelawareHB 456153rd General Assembly (2024–2026)House

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO SUBAQUEOUS LANDS.

Sponsored By: Cyndie Romer (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 4 benefits, 1 costs, 1 mixed.

Firm deadlines for small home docks

The law sets permit deadlines for private-residence boat docks no larger than 300 square feet. The Department must identify missing information within 30 days; applicants have 30 days to respond. The general permit is automatically issued unless the Department approves or denies it within 120 days after receiving a complete application. These deadlines do not apply when applications involve resolving identified violations or a permit hearing. A licensed contractor or consultant must certify no safety or navigation hazard, harm to others’ waterfront rights, or undue limits on public use or access.

State permit exemption for private waterways

Activities on privately owned underwater lands not affected by tides are exempt from the state submerged-lands chapter. They must be authorized by a U.S. Army Corps of Engineers Nationwide Permit in effect in Delaware. They must also have the Department’s water quality certification when required. The exemption does not remove these federal permit or state certification requirements.

Hearing and appeal rights for waterways

The Department must hold a hearing when it receives a qualifying written objection within 20 days after public notice is advertised. The objection must show knowledge of the application, explain its likely impact, and show the requester’s substantial connection to that impact. The Department must find the request has merit; a hearing does not itself approve or deny the application. A denial involving state-owned submerged lands can be appealed only on grounds of unequal treatment compared with a similarly situated applicant. A person whose interests are substantially affected can appeal a permit grant on submerged lands. Appeals must be filed within 20 days after the decision is announced.

More permit options for waterway projects

The Department can create general permits for utility lines and related facilities, covering construction, maintenance, repair, and removal. These include overhead or underground electric and telecom lines, underground water, sewage and stormwater lines, and oil and gas pipelines. It can also create expedited permits for voluntary aquatic habitat restoration. Restoration must improve habitat functions and services, or maintain or manage restored sites; construction must serve only habitat restoration. Work required to meet current or future permit mitigation duties does not qualify. Other categories cover minor road crossings and bank stabilization in tidal waters, pilings in nontidal waters, and Department-selected navigation aids, signs or public infrastructure. Piling rules must consider restrictions for sediment buildup, replacing waterbody bottoms, harming aquatic or biological functions, or supporting buildings. The law authorizes these permit pathways but does not require their creation or issue any permit.

New licensing rules for marine contractors

The law creates a Marine Contractors and Consultants Licensing Board for work on submerged lands and tidelands. Covered work includes adding, removing, or extracting material, and building, changing, repairing, or rebuilding structures or facilities. The Department keeps exclusive licensing authority, must seek the Board’s views, and must adopt licensing and Board-operation rules. Beginning 6 months after those rules are adopted, Board-approved people or businesses must submit permit, lease, and approval-letter applications. Once the rules are adopted, the Department may also require approved people or businesses to perform covered work.

Delegated waterway land decisions have limits

The Secretary can delegate powers and duties under the submerged-lands chapter. This includes authority to transfer land, lease it, or grant easements for areas up to 2,500 square feet. The Secretary cannot delegate those land-transfer, lease, or easement powers for larger areas. This change does not itself give anyone a property interest.

Sponsors & Cosponsors

Sponsor

  • Cyndie Romer

    Democratic • House

Cosponsors

  • Frank Burns

    Democratic • House

  • Ronald E. Gray

    Republican • House

  • Debra Heffernan

    Democratic • House

  • Kyra L. Hoffner

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 61 • No: 0

Senate vote • 6/24/2026

Passed (3/4 required)

Yes: 21 • No: 0

House vote • 6/11/2026

Passed (SM required)

Yes: 40 • No: 0

Actions Timeline

  1. Signed by Governor

    9/24/2026Governor

  2. Passed By Senate. Votes: 21 YES

    6/24/2026Senate

  3. Reported Out of Committee (Environment, Energy & Transportation) in Senate with 6 On Its Merits

    6/18/2026Senate

  4. Assigned to Environment, Energy & Transportation Committee in Senate

    6/11/2026Senate

  5. Passed By House. Votes: 40 YES 1 ABSENT

    6/11/2026House

  6. Reported Out of Committee (Natural Resources & Energy) in House with 7 Favorable, 4 On Its Merits

    6/10/2026House

  7. Introduced and Assigned to Natural Resources & Energy Committee in House

    6/4/2026House

Bill Text

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