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Delaware Statutes, Title 7

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Delaware/Statutes

← All Delaware coverage

Title 7, Conservation

70 chapters · 1,110 sections in this title.

All chapters in Title 71,110 Ch 41, DRAINAGE OF LANDS AND MANAGEMENT OF …80 Ch 60, ENVIRONMENTAL CONTROL80 Ch 43, DREDGING AND MANAGEMENT OF LAGOONS71 Ch 7, REGULATIONS AND PROHIBITIONS CONCERN…67 Ch 9, Finfishing in Tidal Waters46 Ch 61, Minerals in Submerged Lands43 Ch 64, DELAWARE SOLID WASTE AUTHORITY43 Ch 5, LICENSES39 Ch 91, DELAWARE HAZARDOUS SUBSTANCE CLEANUP ACT26 Ch 74, DELAWARE UNDERGROUND STORAGE TANK ACT25 Ch 45, Public Lands23 Ch 66, Wetlands Stewardship [For applicatio…21 Ch 19, General Provisions20 Ch 79, ENVIRONMENTAL PERMIT APPLICATION BAC…20

21 sections·Filtered byTitle 7✕Ch 66✕

7 Del. C. § 6601. Short title [For application of this section, see 85 Del. Laws, c. 351, § 4].
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§ 6601. Short title [For application of this section, see 85 Del. Laws, c. 351, § 4]. This chapter shall be known and may be cited as “The Wetlands Stewardship Act.”7 Del. C. 1953, § 6601; 59 Del. Laws, c. 213, § 1; 85 Del. Laws, c. 351, § 1;
7 Del. C. § 6602. Purpose [For application of this section, see 85 Del. Laws, c. 351, § 4].
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§ 6602. Purpose [For application of this section, see 85 Del. Laws, c. 351, § 4]. It is declared that much of the wetlands of this State have been lost or despoiled by unregulated dredging, dumping, filling and like activities and that the remaining wetlands of this State are in …
7 Del. C. § 6603. Definitions [For application of this section, see 85 Del. Laws, c. 351, § 4].
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§ 6603. Definitions [For application of this section, see 85 Del. Laws, c. 351, § 4]. (a) “Activity” means any dredging, draining, filling, bulkheading, construction of any kind, including but not limited to, construction of a pier, jetty, breakwater, boat ramp, or mining, drilli…
7 Del. C. § 6604. Permit required [For application of this section, see 85 Del. Laws, c. 351, § 4].

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§ 6604. Permit required [For application of this section, see 85 Del. Laws, c. 351, § 4]. (a) Any activity in the wetlands requires a permit from the Department except the activity or activities exempted by this chapter. (b) The Secretary shall consider the following factors prio…

7 Del. C. § 6605. Preexisting use [For application of this section, see 85 Del. Laws, c. 351, § 4].

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§ 6605. Preexisting use [For application of this section, see 85 Del. Laws, c. 351, § 4]. Unless otherwise exempt through regulation, any expansion or extension of a preexisting use of wetlands requires a permit.7 Del. C. 1953, § 6605; 59 Del. Laws, c. 213, § 1; 85 Del. Laws, c. …

7 Del. C. § 6606. Exemptions [For application of this section, see 85 Del. Laws, c. 351, § 4].

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§ 6606. Exemptions [For application of this section, see 85 Del. Laws, c. 351, § 4]. (a) Any of the following activities are exempt from any permit requirements or any other regulation under this chapter: (1) Farming on any lands upon which, in the prior 10 years on a rolling bas…

7 Del. C. § 6607. Procedures; regulations; application fees [For application of this section, see 85 Del. Laws, c. 351, § 4].

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§ 6607. Procedures; regulations; application fees [For application of this section, see 85 Del. Laws, c. 351, § 4]. (a) The Secretary shall administer this chapter. (b) The initial regulations promulgated under this chapter shall establish the Delaware wetland screening tool refe…

7 Del. C. § 6608. Permit applications [For application of this section, see 85 Del. Laws, c. 351, § 4].

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§ 6608. Permit applications [For application of this section, see 85 Del. Laws, c. 351, § 4]. (a) Any person desiring to obtain a permit required by § 6604 of this title shall submit an application in such form and accompanied by such plans, specifications and other information a…

7 Del. C. § 6609. Public hearings [For application of this section, see 85 Del. Laws, c. 351, § 4].

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§ 6609. Public hearings [For application of this section, see 85 Del. Laws, c. 351, § 4]. Any public hearing held by the Secretary or the Board concerning a regulation, permit application or alleged violation or appeal shall be conducted as follows: (1) Notification shall be serv…

7 Del. C. § 6610. Appeal to Board [For application of this section, see 85 Del. Laws, c. 351, § 4].

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§ 6610. Appeal to Board [For application of this section, see 85 Del. Laws, c. 351, § 4]. Any person whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board within 20 days after receipt of the Secretary’s decision, or …

7 Del. C. § 6612. Appeal from Board’s decision [For application of this section, see 85 Del. Laws, c. 351, § 4].

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§ 6612. Appeal from Board’s decision [For application of this section, see 85 Del. Laws, c. 351, § 4]. (a) Any person or persons, jointly or severally affected by any decision or nondecision of the Board, or any taxpayer, or any officer, department, board or bureau of this State,…

7 Del. C. § 6613. Taking without just compensation [For application of this section, see 85 Del. Laws, c. 351, § 4].

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§ 6613. Taking without just compensation [For application of this section, see 85 Del. Laws, c. 351, § 4]. If the Superior Court finds that the action appealed from constitutes a taking without just compensation, it shall invalidate the order and grant appropriate relief, unless …

7 Del. C. § 6614. Cease and desist orders [For application of this section, see 85 Del. Laws, c. 351, § 4].

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§ 6614. Cease and desist orders [For application of this section, see 85 Del. Laws, c. 351, § 4]. The Secretary shall have the power to issue an order to any person violating any rule, regulation or order or permit condition or provision of this chapter to cease and desist from s…

7 Del. C. § 6615. Injunction : [For application of this section, see 85 Del. Laws, c. 351, § 4].

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§ 6615. Injunction : [For application of this section, see 85 Del. Laws, c. 351, § 4]. Action for injunctive relief may be brought by the Secretary to prevent a violation of this chapter or a permit condition. The Court of Chancery may, at its discretion, require bond in the appr…

7 Del. C. § 6616. Right of entry [For application of this section, see 85 Del. Laws, c. 351, § 4].

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§ 6616. Right of entry [For application of this section, see 85 Del. Laws, c. 351, § 4]. The Secretary or the Secretary’s duly authorized designee, in regulating any activity over which the Secretary or the Secretary’s designee has jurisdiction pursuant to this chapter, may enter…

7 Del. C. § 6617. Penalties [For application of this section, see 85 Del. Laws, c. 351, § 4].

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§ 6617. Penalties [For application of this section, see 85 Del. Laws, c. 351, § 4]. Whoever violates this chapter or any rule or regulation duly promulgated thereunder, or any condition of a permit issued pursuant to § 6604 of this title, or any order of the Secretary, shall be s…

7 Del. C. § 6618. Inconsistent laws superseded; all other laws unimpaired [For application of this section, see 85 Del. Laws, c. 351, § 4].

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§ 6618. Inconsistent laws superseded; all other laws unimpaired [For application of this section, see 85 Del. Laws, c. 351, § 4]. All laws or ordinances inconsistent with any provision of this chapter are hereby superseded to the extent of the inconsistency; provided, that presen…

7 Del. C. § 6619. Liberal construction [For application of this section, see 85 Del. Laws, c. 351, § 4].

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§ 6619. Liberal construction [For application of this section, see 85 Del. Laws, c. 351, § 4]. This chapter, being necessary for the welfare of this State and its inhabitants, shall be liberally construed in order to preserve the wetlands of this State.7 Del. C. 1953, § 6619; 59 …

7 Del. C. § 6620. Federal aid; other funds [For application of this section, see 85 Del. Laws, c. 351, § 4].

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§ 6620. Federal aid; other funds [For application of this section, see 85 Del. Laws, c. 351, § 4]. The Department may cooperate with and receive moneys from the federal government, state or local government or any industry or other source. Such moneys received are appropriated an…

7 Del. C. § 6621. Creation of the Wetlands Regulatory Advisory Committee.

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§ 6621. Creation of the Wetlands Regulatory Advisory Committee. (a) There is hereby established the Wetlands Regulatory Advisory Committee ( “Committee” ). (b) The Committee shall assist the Department in developing the initial regulations required under this chapter, shall revie…

7 Del. C. § 6622. Promulgation of initial regulations.

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§ 6622. Promulgation of initial regulations. (a) The Committee, working staff provided by the Department, shall review and approve the initial regulations before they are submitted to the Secretary. If the Secretary concludes that initial regulations, or any portion of such regul…