Definitions [For application of this section, see 85 Del. Laws, c. 534, § 10].

§ 7202. Definitions [For application of this section, see 85 Del. Laws, c. 534, § 10]. (a) “Department” means the Department of Natural Resources and Environmental Control. (b) “Linear utility infrastructure projects” means the construction, maintenance, repair, and removal of overhead or underground electric or telecommunication transmission lines, underground water, sewage, or stormwater conveyance lines, oil and natural gas pipelines, and associated facilities. (c) “Maintenance” means the actions required to return a channel, bridge, culvert, stormwater basin or water control structure to its full operational condition or to prevent a decline in its utility. These actions shall not change the purpose, scope or capacity of the channel, bridge, culvert, stormwater basin or water control structure. (d) “Ordinary high water mark” means, for nontidal waters, the line at which the presence and action of water are so continuous in all ordinary years so as to leave a distinct mark on a bank either by erosion or destruction of terrestrial (nonaquatic) vegetation, or that can be determined by other physical or biological means. (e) “Reconstruction” means the rebuilding of a channel, bridge, culvert, stormwater basin or water control structure that requires significant renovation or repair of their major structural features. This rebuilding shall be characterized by a replacement or major restorative effort similar to the degree required in the original design and construction of the channel, bridge, culvert, stormwater basin or water control structure. This rebuilding shall not change the purpose, scope or capacity of the channel, bridge, culvert, stormwater basin or water control structure. (f) “Retrofitting” means a change in design, construction or materials to an existing bridge, culvert, stormwater basin or water control structure in order to incorporate later improvements or to reflect new standards, criteria or needs not considered in the original design and construction. (g) “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control. (h) “Small residential docking structure” means a structure no larger than 300 square feet, associated with a private residence, and that will be used for boat docking. (i) “Subaqueous lands” means submerged lands and tidelands. (j) “Submerged lands” means: (1) Lands lying below the line of mean low tide in the beds of all tidal waters within the boundaries of the State; (2) Lands lying below the plane of the ordinary high water mark of nontidal rivers, streams, lakes, ponds, bays and inlets within the boundaries of the State as established by law; and (3) Specific manmade lakes or ponds as designated by the Secretary. (k) “Tidelands” means lands lying between the line of mean high water and the line of mean low water. (l) (1) “Voluntary aquatic habitat restoration project” means any of the following: a. Activities that are voluntarily undertaken to restore, reestablish, rehabilitate, or enhance altered, degraded, or former aquatic habitats, and that result in a net increase in aquatic habitat functions and services. b. Activities to maintain or manage aquatic sites where activities described in paragraph (l)(1)a. of this section have taken place. (2) A voluntary aquatic habitat restoration project may only include construction activities related solely to the habitat restoration action. (3) “Voluntary aquatic habitat restoration project” does not mean an activity undertaken to fulfill, currently or in the future, a federal, state, or local aquatic habitat permit mitigation requirement.65 Del. Laws, c. 508, § 2; 68 Del. Laws, c. 76, § 2; 68 Del. Laws, c. 268, § 1; 72 Del. Laws, c. 474, § 1; 85 Del. Laws, c. 534, § 1;