Title 29, State Government

§ 8004. Relocation assistance. The Secretary of the Department of Natural Resources and Environmental Control is hereby empowered to expend state funds appropriated to the Department for land acquisition; to make relocation payments and to provide assistance in accordance with th…

§ 8005. Division of Fish and Wildlife. The Division of Fish and Wildlife is established having powers, duties and functions as follows: (1) The Division of Fish and Wildlife shall have the power to perform and shall be responsible for the performance of all the powers, duties and…

§ 8006. Council on Game and Fish. (a) There is established the Council on Game and Fish. (b) The Council on Game and Fish shall serve in an advisory capacity to the Director of Fish and Wildlife and shall consider matters relating to the protection, conservation and propagation o…

§ 8006A. Council on Recreational Fishing Funding. (a) There is established the Council on Recreational Fishing Funding. (b) The Council on Recreational Fishing Funding shall serve in an advisory capacity to the Director of Fish and Wildlife and shall consider matters relative to …

§ 8007. Council on Shell Fisheries. (a) There is established the Council on Shell Fisheries. (b) The Council on Shell Fisheries shall serve in an advisory capacity to the Director of Fish and Wildlife and shall consider matters relating to the control and direction of the shellfi…

§ 8008. Division of Parks and Recreation. The Division of Parks and Recreation is hereby established having powers, duties and functions as follows: (1) The Division of Parks and Recreation shall have the power to perform and shall be responsible for the performance of all the po…

§ 8009. Parks and Recreation Council. (a) There is established the Parks and Recreation Council. (b) The Parks and Recreation Council shall serve in an advisory capacity to the Director of Parks and Recreation and shall consider matters related to the planning, acquisition, devel…

§ 8010. Recreation Advisory Council [Repealed].29 Del. C. 1953, § 8009; 57 Del. Laws, c. 302, § 1; 59 Del. Laws, c. 372, § 6; repealed by 78 Del. Laws, c. 209, § 3, eff. Feb. 3, 2012.;

§ 8011. Water Infrastructure Advisory Council. (a) The Water Infrastructure Advisory Council serves in an advisory capacity to the Secretaries, as defined in this section. (b) Definitions. — As used in this section: (1) “Council” means the Water Infrastructure Advisory Council. (…

§ 8012. Division of Watershed Stewardship. The Division of Watershed Stewardship is established having powers, duties and functions as follows: (1) The Division of Watershed Stewardship shall have the power to perform and shall be responsible for the performance of all of the pow…

§ 8013. Council on Soil and Water Conservation [Repealed]. Repealed by 77 Del. Laws, c. 341, § 1, effective July 2, 2010.

§ 8014. Division of Air Quality, Division of Waste and Hazardous Substances and Division of Water. The Division of Air Quality, Division of Waste and Hazardous Substances and Division of Water is established having powers, duties and functions as follows: (1) The Division of Air …

§ 8015. Council on Environmental Control [Repealed]. Repealed by 77 Del. Laws, c. 341, § 2, effective July 2, 2010.

§ 8016. Governor’s Council on Natural Resources and Environmental Control. (a) There is established the Governor’s Council on Natural Resources and Environmental Control. (b) The Governor’s Council on Natural Resources and Environmental Control shall be composed of the chairperso…

§ 8016A. Community Involvement Advisory Council and Community Ombudsman. (a) There is established the Community Involvement Advisory Council. (b) The Community Involvement Advisory Council shall serve in an advisory capacity to the Secretary of the Department of Natural Resources…

§ 8017. Books; records; access; annual report. (a) The Governor’s Council on Natural Resources and Environmental Control shall have access to all books, records, reports and other documents relating to the Department of Natural Resources and Environmental Control unless otherwise…

§ 8017A. Delaware Council on Greenways and Trails [Repealed].68 Del. Laws, c. 377, § 1; 70 Del. Laws, c. 210, § 28; 70 Del. Laws, c. 290, §§ 11, 41; 77 Del. Laws, c. 236, §§ 1, 3, 4; 81 Del. Laws, c. 78, § 13; repealed by 83 Del. Laws, c. 310, § 1, effective June 14, 2022.;

§ 8018. Exemptions. The following positions set forth in this section shall be exempt from Chapter 59 of this title: (1) Secretary of Natural Resources and Environmental Control; (2) Director of Fish and Wildlife; (3) Director of Parks and Recreation; (4) Director of Watershed St…

§ 8019. Assumption of functions of prior agencies. The Department, through appropriate divisions, subdivisions and offices, shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions vested by law in the Board of Game a…

§ 8020. Appeals. Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function or functions transferred to the Department or to any division or subdivision thereof shall continue to exist with respect to such act or act…

§ 8021. Definitions and references in other laws. (a) All definitions and references to any commission, board, department, council or agency which appear in any other act or law shall, to the extent that the same are consistent with this chapter and in connection with a function …

§ 8022. Annual report. The Secretary of the Department shall make an annual report of the Department’s operations to the Governor and the General Assembly, and render such other reports as the Governor or General Assembly may from time to time request or as may be required by law…

§ 8023. Misnomer of Department in donation. Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey thereby to the De…

§ 8024. Budgeting and financing. (a) The Secretary, in cooperation with the division directors, shall prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated wit…

§ 8025. Supremacy. All other laws or parts of laws now in effect inconsistent with this chapter are repealed, superseded, modified or amended so far as necessary to conform to, and give full force and effect to, this chapter.29 Del. C. 1953, § 8025; 57 Del. Laws, c. 739, § 237;

§ 8026. Disposition of lost, abandoned or stolen property in custody of Department. (a) Whenever any personal property of any kind, except money, comes into the custody of the Department of Natural Resources and Environmental Control, and the person entitled to possession of said…

§ 8027. Notification. Except for land acquired by approval of the Open Space Council or approved through a bond and capital improvements act, land shall not be purchased by the Department of Natural Resources and Environmental Control without prior approval of the Cochairs of the…

§ 8028. Division of boiler safety [Repealed].74 Del. Laws, c. 110, § 123; 70 Del. Laws, c. 186, § 1; repealed by 78 Del. Laws, c. 127, § 6, eff. July 13, 2011.;

§ 8029. Council on boiler safety [Repealed].74 Del. Laws, c. 110, § 124; repealed by 78 Del. Laws, c. 127, § 6, eff. July 13, 2011.;

§ 8030. Energy Efficiency Investment Fund. (a) The Division of Climate, Coastal and Energy shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Delaware Energy Office, also referred to as the…

§ 8031. Prohibition of collecting natural resource data without the informed written consent of the property owner. (a) The following words, terms, and phrases, when used in this section, shall have the meaning ascribed in this subsection: (1) “Department” means the Department of…

§ 8032. Procedures for public notice of permit applications. (a) Notwithstanding any law to the contrary, the following minimum requirements must be observed for the issuance of any permit by the Department where public notice is required: (1) The notice must include instructions…

§ 8051. Short title; declaration of policy. (a) This subchapter shall be known and may be cited as “The Delaware Energy Act.” (b) The General Assembly finds and declares that: (1) An adequate, reliable, and continuous supply of energy is essential to the health, safety, and welfa…

§ 8052. Definitions. For the purposes of this subchapter: (1) “Cost effective energy efficiency projects” means energy efficiency improvements including, but not limited to, wall, floor and ceiling/attic insulation, lighting and electrical upgrades, window replacements and HVAC t…

§ 8053. State Energy Office; State Energy Coordinator; establishment; powers and duties. (a) There is hereby established the State Energy Office within the Department of Natural Resources and Environmental Control, Division of Climate, Coastal and Energy. (b) The Director of the …

§ 8054. Cabinet Committee on Energy. (a) A Cabinet Committee on Energy is established and shall serve in an advisory capacity to the Governor. It shall be comprised of the following members: (1) The Secretary of the Department of Natural Resources and Environmental Control. (2) T…

§ 8055. Governor’s Energy Advisory Council. (a) There is hereby established the Governor’s Energy Advisory Council. (b) The Governor’s Energy Advisory Council shall monitor Delaware’s energy system, identify and propose actions to enhance Delaware’s energy system, including actio…

§ 8056. Offshore wind transmission and procurement authority. (a) Definitions. — For the purposes of this section: (1) “Department” means the Department of Natural Resources and Environmental Control. (2) “DPA” means the Delaware Division of the Public Advocate. (3) “Offshore win…

§ 8057. Green Energy Fund [Effective until July 16, 2028]. (a) (1) The Department of Natural Resources and Environmental Control (DNREC) shall transfer 30% of all alternative compliance payments and solar alternative compliance payments made into the Green Energy Fund to the Low …

§ 8058. Rules and regulations. The Secretary shall promulgate rules and regulations governing the administration of the State Energy Office or that are necessary to carry out the provisions of this subchapter.74 Del. Laws, c. 38, § 1; 74 Del. Laws, c. 415.;

§ 8059. Sustainable Energy Utility. (a) Definitions. — As used in this section: (1) “Affected electric energy provider” means an electric distribution company, rural electric cooperative, or municipal electric company serving energy customers in Delaware. (2) “Affected energy pro…

§ 8059A. Delaware Energy Fund [Expires effective July 16, 2028, pursuant to 85 Del. Laws, c. 81, § 5]. (a) The Delaware Energy Fund is established and shall be administered by the Sustainable Energy Utility (SEU). (b) The Delaware Energy Fund will provide financial assistance for…

§ 8060. Restrictions. (a) No county or municipal government, homeowner association, or association formed for the management of commonly-owned elements and facilities or for regulating use of private property shall adopt any covenant, restriction, deed restriction, zoning restric…

§ 8061. Delaware Voluntary Clean Energy Financing Program based on property assessments (D-PACE) or other local assessments. (a) The General Assembly finds and declares that: (1) The production and efficient use of energy will continue to play a central role in the economic futur…

§ 8062. State electric vehicle charging infrastructure. (a) As used in this section: (1) “Agency” means as defined in § 6301 of Title 29. (2) “All-electric vehicle” means an electric vehicle that operates solely from an internal electric battery. (3) “Costs” means the costs assoc…

§ 8063. Electric School Bus Program. (a) To improve the health and safety of Delaware children and safeguard the environment, it is the goal of Delaware that 30% of school buses purchased by the State shall be electric vehicles in FY 2030. To this end, the Department of Education…