Title 7 — Conservation

§ 6601. Short title. This chapter shall be known and may be cited as “The Wetlands Act.”7 Del. C. 1953, § 6601; 59 Del. Laws, c. 213, § 1;

§ 6602. Purpose. 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 jeopardy of being lost or despoiled by these and other activities…

§ 6603. Definitions. (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, drilling or excavation. (b) “Authorized activity” includes any activity…

§ 6604. Permit required. (a) Any activity in the wetlands requires a permit from the Department except the activity or activities exempted by this chapter and no permit may be granted unless the county or municipality having jurisdiction has first approved the activity in questio…

§ 6605. Preexisting use. Any expansion or extension of a preexisting use requires a permit and no permit may be granted under this chapter unless the county or municipality having jurisdiction has first approved the use in question by zoning procedures provided by law.7 Del. C. 1…

§ 6606. Exemptions. Any of the following activities are exempt from permit requirements: Mosquito control activities authorized by the Department; construction of directional aids to navigation; duck blinds; foot bridges; the placing of boundary stakes; wildlife nesting structure…

§ 6607. Procedures; regulations; application fees. (a) The Secretary shall administer this chapter. (b) The Secretary shall inventory, as promptly as he or she is able, all wetlands within the State and prepare suitable maps. Such maps shall be filed with the Secretary of State a…

§ 6608. Permit applications. (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 as required by applicable regulations. (b) Upon receipt of an appl…

§ 6609. Public hearings. 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 served upon the applicant, alleged violator, or appellant as summonse…

§ 6610. Appeal to Board. Any person whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board within 20 days after the Secretary has announced the decision.7 Del. C. 1953, § 6611; 59 Del. Laws, c. 213, § 1; 64 Del. Laws,…

§ 6611. [Reserved.]

§ 6612. Appeal from Board’s decision. (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 the State, may appeal to the Superior Court in and for the county in which t…

§ 6613. Taking without just compensation. 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 the Secretary at this stage, consents to the reversal or modifica…

§ 6614. Cease and desist orders. 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 such violation. Any cease and desist order issued pursuant to this…

§ 6615. Injunction. 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 appropriate amount.7 Del. C. 1953, § 6615; 59 Del. Laws, c. 213, § 1;

§ 6616. Right of entry. The Secretary or the Secretary’s duly authorized designee, in regulating any activity over which he or she has jurisdiction pursuant to this chapter, may enter, at reasonable times, upon any private or public property for the purpose of determining whether…

§ 6617. Penalties. (a) 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 subject to enforcement in accordance with § 6005 or § 6013, or…

§ 6618. Inconsistent laws superseded; all other laws unimpaired. All laws or ordinances inconsistent with any provision of this chapter are hereby superseded to the extent of the inconsistency; provided, that present and future zoning powers of all counties and municipalities, to…

§ 6619. Liberal construction. This chapter, being necessary for the welfare of the State and its inhabitants, shall be liberally construed in order to preserve the wetlands of the State.7 Del. C. 1953, § 6619; 59 Del. Laws, c. 213, § 1;

§ 6620. Federal aid; other funds. 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 and made available for the study and preservation of the wetlands.7…