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

§ 7207. Application [For application of this section, see 85 Del. Laws, c. 534, § 10]. (a) Each applicant for a lease, permit or grant, pursuant to this chapter, shall file with the Secretary a request stating in detail the type of lease, permit or grant desired, showing the location of the area and containing specifications for any proposed construction. (b) The Secretary may require such additional information as will enable the Secretary to consider the application properly. The Secretary may require an environmental assessment to be provided if the Secretary determines that the proposed use or activity may have a substantial adverse effect upon the environment. (c) The Secretary may request of any state agency a report or recommendation concerning any application before the Department. (d) Upon receipt of an application in proper form, the Secretary shall post on the Department’s website and advertise in a daily newspaper of statewide circulation and in a newspaper of general circulation in the county in which the activity is proposed, notice that complies with the provisions of § 8032 of Title 29 and contains the following: (1) The fact that the application has been received; (2) A brief description of the nature of the application; and (3) A statement that any interested person may submit a written public hearing request expressing opposition to the application. (e) If the Secretary decides that a public hearing request is not meritorious, the Secretary shall then provide a written response so stating the Secretary’s reasons. (f) Where a permit application is submitted for a small residential docking structure permit, the Department must notify the applicant within 30 days as to whether their application as submitted is administratively complete and request any information required to complete the application. The applicant has 30 days to respond with the requested information. Where the Department has not issued or denied a permit within 120 days from receipt of a complete small residential docking structure permit application for such activities, the small residential docking structure permit listed as a general permit in § 7205(c)(3) of this title must be automatically issued in connection with the application. The foregoing timeline does not apply to applications involving the resolution of identified violations or applications involving a permit hearing. A small residential docking structure permit will only issue if the applicant has submitted a certification from a licensed contractor or consultant, certifying that the activity does not do any of the following: (1) Create a public safety or navigational hazard. (2) Disturb the riparian rights of others, such as subaqueous lands or wetlands adjacent to the activity. (3) Unduly restrict public use or access to subaqueous lands.65 Del. Laws, c. 508, § 2; 70 Del. Laws, c. 186, § 1; 84 Del. Laws, c. 42, § 1; 84 Del. Laws, c. 103, § 4; 85 Del. Laws, c. 534, § 3;