Title 7 — Conservation

§ 2808. Conch pot attendance; abandonment; confiscation; forfeiture. (a) It shall be unlawful for any person who places, uses or sets a conch pot in the tidal waters of this State to fail to tend and remove conchs from said conch pot at least once every 72 hours. (b) Failure to t…

§ 2901. Applicability. The provisions of this chapter shall apply to the fisheries covered by Chapters 9, 18, 19, 21, 23, 24, 25, 26, 27 and 28 of this title which are or become closed to new entrants.78 Del. Laws, c. 263, § 1; 80 Del. Laws, c. 196, § 6;

§ 2902. Transfers of permits and licenses. Any person who holds a valid permit or license issued by the Department for any of the fisheries referenced and subject to § 2901 of this title shall be entitled to assign or transfer such permit or license to an eligible person as defin…

§ 2903. Eligibility. In order to be eligible for the transfer of a permit or license under this chapter the assignee or transferee of the permit or license shall be any of the following: (1) An apprentice with at least 150 days of commercial fishing experience; (2) An alternate o…

§ 2904. Death, incapacity and disability. (a) In the event of the death of a permit or license holder covered by this chapter any permit or license of the decedent may be transferred as follows: (1) The decedent may by will or other written document designate the recipient of any…

§ 2905. Notification and transfer or assignment. (a) Any person holding a permit or license, or such persons authorized representative as provided herein, shall provide written notification to the Department of the intent to transfer or assign the permit or license, and provide s…

§ 2906. Savings. The provisions of this chapter shall be in addition to and not affect any other entitlements or allowances regarding the transfer or assignment of permits and licenses covered by this chapter.78 Del. Laws, c. 263, § 1;

§§ 3001-3008. Findings and policy; definitions; powers and duties; Community Forestry Council; duties of Forestry Administrator; development, distribution of comprehensive community forestry plan; approval; annual report on the status of Delaware Urban and Community Forestry Prog…

§ 3701. Purpose of chapter; limitations. (a) It is recognized and declared that: (1) The soil resources and fertility of the land of this State, the economic use thereof, and the prosperity of the farming population of this State are matters affected with a public interest; (2) T…

§ 3702. Definitions. For the purposes of this chapter, unless otherwise specifically defined, or another intention clearly appears, or the context requires a different meaning: (1) “Other states of the United States” includes Puerto Rico. (2) “Person” includes an individual, corp…

§ 3703. Designation of state agency. The University shall be the state agency of this State to carry out the policy and purposes of this chapter and to formulate and administer state plans pursuant to the terms of this chapter.41 Del. Laws, c. 175, § 4; 7 Del. C. 1953, § 3703;

§ 3704. Formulation and administration of state conservation plans. (a) The University shall formulate for each calendar year and submit to the Secretary of Agriculture of the United States for and in the name of this State, a state plan for carrying out the purposes of this chap…

§ 3705. Receipt and disbursement of funds. (a) The University may receive on behalf of this State all grants of money or other aid made available from any source to assist the State in carrying out the policy and purposes of this chapter. All such money or other aid together with…

§ 3706. Additional powers and duties of the University. (a) The University shall utilize such available services and assistance of other state agencies and of voluntary county and community committees and associations of agricultural producers as it determines to be necessary or …

§ 3707. Agricultural communities. (a) The University shall designate within each county of this State such geographic units, which shall be called “communities,” as it determines to be the most convenient for the administration of this chapter and of state plans adopted pursuant …

§ 3708. Organization of producers and committees. The University shall establish and define the duties: (1) Within each community, of a voluntary association of agricultural producers all of whose members shall be entitled to equal rights; (2) Of a community committee within each…

§ 3709. State Advisory Board; selection; qualifications; functions. (a) The University shall, by regulations, provide for the selection of 6 persons of legal age, resident in this State, who shall be selected from the standpoint of their qualification by actual farming experience…

§ 3710. Reports. The University shall compile or require to be made such reports as it determines to be necessary or proper in order to ascertain whether any plans provided for in this chapter are being carried out according to their terms. The University shall provide for compli…

§ 3801. Declared public and common nuisance. The existence of growth of giant reed grass (Phragmites australis) is declared to be a public and common nuisance.64 Del. Laws, c. 263, § 1;

§ 3802. Department of Natural Resources and Environmental Control; investigations; rules and regulations; programs of control; acceptance of grants. (a) The State Department of Natural Resources and Environmental Control may make such investigations, studies and determinations as…

§ 3803. Agreements relating to eradication. The State Department of Natural Resources and Environmental Control may enter into an agreement with any designated county in this State for the purpose of control and eradication of Phragmites australis within that county. When such ag…

§ 4001. Legislative findings and statement of policy. (a) Legislative findings. — The General Assembly finds that erosion and sedimentation continue to present serious problems throughout the State, and that the removal of a stable ground cover in conjunction with the decrease in…

§ 4002. Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) “Agricultural structure” means a structure, which is located on a…

§ 4003. Duties of persons engaged in land disturbing activities. (a) After July 1, 1991, unless exempted, no person shall engage in land disturbing activities without submitting a sediment and stormwater management plan to the appropriate plan approval authority and obtaining a p…

§ 4003A. Runoff Control near Mill Creek, Little Mill, Red Clay, White Clay Creek, Persimmon Creek and Shellpot Creek. All land development subject to this chapter in the Mill Creek, Little Mill Creek, Red Clay Creek, White Clay Creek, Persimmon Creek and Shellpot Creek watersheds…

§ 4004. Applicability. (a) The provisions of this chapter shall not apply to agricultural land management practices unless the conservation district or the Department determines that the land requires a new or updated soil and water conservation plan, and the owner or operator of…

§ 4005. Program funding and financial assistance [For application of this section, see 85 Del. Laws, c. 42, § 10]. (a) The Department, conservation districts, counties or municipalities are authorized to receive from federal, state, or other public or private sources financial, t…

§ 4006. State management program. (a) The Department shall, in cooperation with appropriate state and federal agencies, conservation districts, other governmental subdivisions of the State, and the regulated community develop a state stormwater management program. This program sh…

§ 4007. Local sediment and stormwater programs. (a) Pursuant to regulations promulgated by the Department, each conservation district, county, municipality or state agency may adopt, and submit to the Department for approval, 1 or more components of a sediment and stormwater prog…

§ 4008. Interim program. (a) Prior to July 1, 1991, requirements for sediment control shall be as provided in existing erosion and sediment control regulations promulgated September 26, 1980. Also, until July 1, 1991, any state or locally developed regulation or criterion for sto…

§ 4009. Failure of conservation districts, counties, municipalities or state agencies to implement delegated program elements. (a) If, at any time, the Department finds that a conservation district, county, municipality or state agency has failed to implement program elements tha…

§ 4010. State and federal projects. After July 1, 1991, a state or federal agency may not undertake any land clearing, soil movement, or construction activity unless the agency has submitted a sediment and stormwater management plan to the Department and received its approval. Th…

§ 4011. Designated watersheds or subwatersheds. (a) Watersheds or subwatersheds approved as designated watersheds or subwatersheds by the Department shall have the regulatory requirements clearly specified through a watershed approach to nonpoint pollution control or flood contro…

§ 4012. Construction review and enforcement. (a) With respect to approved sediment and stormwater plans, the agency responsible for construction review during and after construction completion shall ensure that periodic reviews are undertaken, implementation is accomplished in ac…

§ 4013. Approval of certified construction reviewers. (a) Based on criteria established by the Department through regulation and any additional criteria established by the agency implementing the plan review and construction elements of the sediment and stormwater program, the pe…

§ 4014. Training of responsible personnel. After July 1, 1991, any applicant seeking sediment and stormwater plan approval shall certify to the appropriate approval agency that all responsible personnel involved in the construction project will have a certificate of attendance at…

§ 4015. Penalties. (a) Any person who violates any rule, regulation, order, condition imposed in an approved plan or other provision of this chapter shall be fined not less than $200 or more than $2,000 for each offense. Each day that the violation continues shall constitute a se…

§ 4016. Injunctions. The Court of Chancery shall have jurisdiction to enjoin violations of this chapter. The appropriate program element authority, the Department or any aggrieved person who suffers damage or is likely to suffer damage because of a violation or threatened violati…

§ 4017. Redevelopment criteria.81 Del. Laws, c. 316, § 5; expired by operation of 81 Del. Laws, c. 316, § 7, eff. Feb. 10, 2019;

§ 4201. Purpose. It is the purpose of this chapter to provide for the proper design, construction, operation, maintenance and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams and to prevent injuries to person…

§ 4202. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them except where the context clearly indicates a different meaning: (1) “Dam” shall mean any artificial barrier, including appurtenant works, with the abil…

§ 4203. Application. (a) This chapter shall apply to any dam which is owned by the State or any county in the State, or any municipality or any quasi-governmental agency of the State that is 25 feet or more in height from the natural bed of the stream or watercourse measured at t…

§ 4204. Construction of dams. (a) No owner shall begin the construction of any dam to which this chapter applies without written approval from the Department. Owners intending to construct any dam to which this chapter applies shall file with the Department a preliminary applicat…

§ 4205. Repair, alteration, or removal of dams. (a) Before commencing the repair, alteration or removal of any dam to which this chapter applies, application shall be made by the owner for written approval by the Department, except as otherwise provided by this chapter. The appli…

§ 4206. Actions by the Department upon applications. (a) Public notice of application shall consist of an advertisement in a newspaper of general circulation in the county in which the activity is proposed and in a daily newspaper of general circulation throughout the State to in…

§ 4207. Fees. (a) The Department may establish an application fee not to exceed $500. (b) Any fees collected under this chapter are hereby appropriated to the Department to carry out the purposes of this chapter. The Secretary shall report through the annual budget process the re…

§ 4208. Rules. The Secretary shall develop and adopt regulations and standards in conjunction with a regulatory advisory committee, appointed by the Secretary, which include public and private dam owners, as well as appropriate state and federal agencies, conservation districts, …

§ 4209. Supervision by qualified engineers; reports and modifications during work. (a) Any project for which the Department’s approval is required under §§ 4204, 4205 and 4206 of this title and any project undertaken pursuant to an order of the Department issued pursuant to this …

§ 4210. Notice of completion; certification of final approval. (a) Within 7 days of completion of construction, reconstruction, enlargement, repair, alteration or removal of any dam to which this chapter applies, notice of completion shall be given to the Department. Within 60 da…

§ 4211. Operation and maintenance of dams. The Department shall require that dam owners and operators develop, use and update as necessary an operation and maintenance plan which provides guidance and instruction to personnel for the proper operation and maintenance of any reserv…