Title 7 — Conservation

§ 4212. Inspection of dams. The Department shall require regular inspection of any dam to which this chapter applies to safeguard life and property. The Secretary may adopt, amend, modify or repeal standards for the inspection of dams as may be necessary for the purposes of this …

§ 4213. Appeals. (a) Except as otherwise provided in this chapter, any action or determination by the Department under this chapter shall be subject to appeal to the Environmental Appeals Board in accordance with the provisions of § 6008 of this title. (b) Appeals of decisions by…

§ 4214. Investigations by the Department. The Department shall make investigations and assemble such data as it deems necessary for a proper review and study of the design and construction of any dams, reservoirs and appurtenances to which this chapter applies, and for such purpo…

§ 4215. Liability for damages. No action shall be brought against the State, the Department, or any agent of the Department or any employee of the State or the Department for damages sustained through the partial or total failure of any dam, misoperation or its maintenance by rea…

§ 4216. Enforcement procedures. (a) Any person who violates any rule, regulation, order, or condition imposed in an approved document or other provision of this chapter shall be fined not less than $200 or more than $2000 for each offense. Each day that the violation continues sh…

§ 4217. Rights of investigation, entry, access, inspection and protective action. (a) The Department shall have the right to direct the conduct of such investigations as it may reasonably deem necessary to carry out its duties prescribed in this chapter and the Department shall h…

§ 4401. Purpose. It is the purpose of this chapter to: promote the public health, safety and general welfare, and to: protect human life, health and welfare; encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future…

§ 4402. 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) “Department” shall mean the Department of Natural Resources and Environmental Contr…

§ 4403. Rules. The Secretary shall, by May 17, 2012, develop guidance and minimum standards for improved floodplain management and drainage within the state after consultation with a Floodplain and Drainage Advisory Committee (Committee) appointed by the Secretary, to include pub…

§ 4404. Review of standards. (a) Within 6 months of the adoption of minimum standards, the 3 county governments and all municipal governments as appropriate shall review and prepare comments regarding their individual codes and ordinances to determine if they are consistent with …

§ 4501. Land warrants. All general warrants for locating vacant land without specification, which were not located by survey prior to January 23, 1843, are vacated and void; and all warrants for locating land issued by any recorder since January 11, 1798, are illegal and void.Cod…

§ 4502. Cessions of public land to United States. All cessions of public land, which have been made to the United States for public purposes, are recognized and ratified according to the terms thereof.Code 1852, § 14; Code 1915, § 14; Code 1935, § 14; 7 Del. C. 1953, § 4504;

§ 4503. Location and payment for grants of public lands. All grants of public land made shall be located and paid for within 1 year from the grant, or they shall be void.Code 1852, § 15; Code 1915, § 15; Code 1935, § 15; 7 Del. C. 1953, § 4505;

§ 4504. Supervision and control of public lands by Department of Natural Resources and Environmental Control; public beaches; penalty. (a) The public lands of this State, as ascertained in regard to location, surveyed and plotted under the supervision and direction of the Public …

§ 4505. Survey of public lands. The Department of Natural Resources and Environmental Control may survey such of the public lands that have not been surveyed, plotted and recorded in the office of the recorder of deeds in the county in which any such lands may lie; and may survey…

§ 4506. Sale of public lands and products. (a) The Department of Natural Resources and Environmental Control may supervise the sale of any material, product or thing which grows or may be grown upon any public lands; divide the public lands into tracts of 50 acres, or less; and s…

§ 4507. Delivery of deeds; restrictions therein. The Department of Natural Resources and Environmental Control, together with the Governor of this State, may execute and deliver a good and sufficient deed to any part of the public lands of this State, and may place upon the sale …

§ 4508. Forfeiture of public lands to State. Whoever purchases any of the public lands under any restriction or condition imposed by the Department of Natural Resources and Environmental Control, and fails for a period of 5 years to comply with the restrictions or conditions ment…

§ 4509. Improvement of public lands. (a) The Department of Natural Resources and Environmental Control may make improvements to and on any public lands of this State and may expend any sums appropriated therefor on such lands. (b) The Department of Natural Resources and Environme…

§ 4510. Lease of public lands; forfeiture of lease. The Department of Natural Resources and Environmental Control together with the Governor of this State, may execute and deliver, in proper form, a lease of any part of the public lands of this State, which public lands are under…

§ 4511. Lease of mineral rights in public lands; utility rights. The power granted to the Department of Natural Resources and Environmental Control to lease the public lands shall include the right of the Department, together with the Governor of this State, to execute and delive…

§ 4512. Rent from lease of public lands. All funds received as rent in connection with the leasing of public lands under §§ 4510 and 4511 of this title shall be payable to the State Treasurer and kept by him or her in a special account known as the “Department of Natural Resource…

§ 4513. Prohibitions against leasing of oyster beds. Nothing in this chapter shall be construed as authorizing or empowering the Department of Natural Resources and Environmental Control to lease any land which is used as an oyster plantation, oyster bed or oyster bottom, nor sha…

§ 4514. Highways through public lands. The Department of Natural Resources and Environmental Control may construct any roads leading to or through any public lands which are under the supervision and control of the Department; may make plans and specifications for the constructio…

§ 4515. Credit of moneys for Department of Natural Resources and Environmental Control. In order that the Department of Natural Resources and Environmental Control may carry out this chapter, all moneys, other than appropriated by the General Assembly, realized from the care and …

§ 4516. Public money expended for roads. No public money shall be expended under this chapter on any roads leading to or through any public lands of this State with privately owned lands abutting thereon unless and until the owners of the abutting lands have reached or entered in…

§ 4517. Power of Department of Natural Resources and Environmental Control. (a) Nothing contained in this chapter shall prohibit or limit in any way the power and authority granted unto the Department of Natural Resources and Environmental Control to develop, establish and mainta…

§ 4518. Sale of public lands. (a) All lands to which this State directly or indirectly holds title, whether legal, equitable or both, shall be deemed public lands within the meaning of this chapter, except lands purchased or held by the State Housing Department for improvement an…

§ 4519. Title or interest in public lands obtainable only by deed, conveyance or written instrument. No title or other interest in real property belonging to the State shall be acquired by adverse possession, presumed grant or any means other than by a deed or conveyance or other…

§ 4520. Liability for costs and expenses incurred by State in defeating claims to public lands. (a) Any person who asserts a claim to any interest in any part of the public lands of the State for which a plot or description has been recorded with the Recorder of Deeds in and for …

§ 4521. Zoning and use. Notwithstanding any provision of this chapter to the contrary, no state park, or any part thereof, open space as defined in § 7504 of this title, or other area acquired primarily for recreational use, shall be rezoned, neither shall there be a change in th…

§ 4522. Resident curatorship agreements The Department of Natural Resources and Environmental Control, may execute and deliver an agreement that creates a nontransferrable life estate for individuals, or an agreement of up to 30 years in length for corporate or governmental entit…

§ 4523. Warner Grant Trust Lands. (a) For purposes of this section, “Warner Grant Trust Lands” means as established under Chapter 108 of Volume 62 of the Laws of Delaware, as amended by Chapter 99 of Volume 72 of the Laws of Delaware and 84 Del. Laws, c. 236. (b) The Department o…

§ 4901. Properties under jurisdiction of Department of State. The Department of State shall have the full and complete care and supervision of the DeVries Monument, at Lewes, Delaware, the Zwaanendael Museum, at Lewes, Delaware, and such other buildings, memorials or parks as com…

§ 4902. Memorial to sailors. (a) The Department of State may have constructed in the Town of Lewes a memorial to sailors which may be either a building, monument, park or other appropriate construction, and which shall be given an official name by the Department of State, when it…

§ 4903. Funds and appropriations; expenditures. Any funds received from other than state appropriations may be paid to the Secretary of Finance who shall keep the same in a separate fund or account, and such funds shall be used only for the purpose of carrying out this chapter.Co…

§ 5101. Memorial cemetery. The public lands hereinafter described are set aside and designated as a memorial cemetery for the burial of sailors and shall be maintained solely for that purpose. The cemetery shall be known as the Unknown Sailors’ Cemetery and shall include the foll…

§ 5102. Agency in charge of cemetery; powers. The Delaware Society for the Preservation of Antiquities, a corporation of the State, is the state agency or authority of the State designated to carry out this chapter. The Society shall provide for the care and maintenance and the r…

§ 5401. Purpose. The purposes of this chapter are: (1) To help provide adequate protection for unmarked human burials and human skeletal remains found anywhere within the State, including subaqueous lands, but excluding those found anywhere on federal land. (2) To provide adequat…

§ 5402. Definitions. As used in this chapter: (1) “Committee” means a body of stakeholders that inform the treatment and disposition of unmarked human burials and skeletal remains: a. When burials or remains are determined to be Native American, the Committee shall be chaired by …

§ 5403. Avoidance, protection, and preservation of remains. All persons are encouraged to undertake due diligence to identify, demarcate, and preserve in situ, unmarked human burials to avoid encountering skeletal remains; and to share information with the Division of Historical …

§ 5404. Discovery of remains and notification of authorities. (a) Any person knowing or having reasonable grounds to believe that unmarked human burials or human skeletal remains are being encountered shall notify immediately the Medical Examiner or the Director. (b) When any per…

§ 5405. Jurisdiction over remains. (a) Subsequent to notification of the discovery of an unmarked human burial or human skeletal remains, the Medical Examiner shall certify in writing to the Director, as soon as possible, whether the remains come under the Medical Examiner’s juri…

§ 5406. Archaeological investigation of human skeletal remains. All excavations not under the jurisdiction of the Medical Examiner shall be either conducted by, or under the supervision of, a professional archaeologist and shall be subject to permission from the landowner. All pe…

§ 5407. Consultation, analysis, and disposition. (a) The Director shall notify the Committee of all skeletal remains determined to be Native American within 5 days of learning of the discovery of human burials or skeletal remains pursuant to § 5404 of this title. The Director sha…

§ 5408. Prohibited acts. No person, unless acting pursuant to Chapter 47 of Title 29, shall: (1) Knowingly acquire any human skeletal remains removed from unmarked burials in Delaware, except in accordance with this chapter. (2) Knowingly sell any human skeletal remains acquired …

§ 5409. Exceptions. (a) Human skeletal remains acquired from commercial biological supply houses or through medical means are not subject to this chapter. (b) Human skeletal remains determined to be within the jurisdiction of the Medical Examiner are not subject to the prohibitio…

§ 5410. Criminal penalties. Any person who violates § 5408 of this title shall upon conviction be sentenced to pay a fine of not less than $1,000 nor more than $10,000 or be imprisoned not more than 2 years or both. The Superior Court shall have jurisdiction of offenses under thi…

§ 5411. Rules, regulations, standards, and guidelines. The Division of Historical and Cultural Affairs may, with the approval of the Department of State, formulate and adopt such rules, regulations, standards, and guidelines as it considers necessary for the effective execution o…

§ 5501. Delaware Geological Survey; purposes. The Delaware Geological Survey shall have the following purposes and objectives: (1) The systematic investigation of the geologic structure of the State, the nature and composition of the igneous, sedimentary and metamorphic rocks, th…