Title 7 — Conservation

§ 6136. Jurisdiction over matters affecting health and safety. This chapter does not deprive this State or any agency or instrumentality thereof of its jurisdiction over matters affecting the public health and safety, including but not limited to the control of air and water poll…

§ 6137. No permit or lease to violators of this chapter. No permit or lease shall be granted to any person then in violation of any law or regulation applicable to this chapter.7 Del. C. 1953, § 6437; 55 Del. Laws, c. 442, § 1; 59 Del. Laws, c. 212, § 1; 65 Del. Laws, c. 508, § 1…

§ 6138. Rules, regulations, orders. In addition to and not in lieu of any other powers granted under this chapter, the Secretary may promulgate reasonable rules, regulations and orders necessary to regulate geological, geophysical and seismic surveys on, and operations to remove …

§ 6139. Federal approval. All leases and permits granted pursuant to this chapter shall be subject to prior approval by the Department of Defense of the United States and shall be subject to any restriction or limitation imposed by the Department of Defense.7 Del. C. 1953, § 6439…

§ 6140. Delegation of authority. The Secretary may, from time to time, delegate the State Geologist, with his or her consent, to act in the Secretary’s behalf under this chapter. When so designated, the State Geologist shall have all the duties and powers of the Secretary under t…

§ 6141. Existing rights. This chapter shall not change the law of this State relating to existing property, riparian or other rights of this State or other persons in submerged, tideland or filled lands.7 Del. C. 1953, § 6461; 55 Del. Laws, c. 442, § 1; 59 Del. Laws, c. 212, § 1;…

§ 6142. Violations; enforcement; civil and criminal penalties. (a) The Secretary shall enforce this chapter. (b) Whoever violates this chapter, or any rule, or regulation, or condition of a lease or permit issued pursuant to authority granted in this chapter or an order of the Se…

§ 6143. Cease and desist order. The Secretary shall have the power to issue an order to any person violating any rule, or regulation, or permit condition, or lease condition, or provision of this chapter, to cease and desist from such violation. Any cease and desist order issued …

§ 6201. Findings; purpose. (a) The General Assembly finds and declares that the highest and best uses of the seacoast of the State are as a source of public and private recreation and solace from the pressures of an industrialized society and as a source of public use and private…

§ 6202. Definitions. The following words and phrases shall have the meanings ascribed to them in this chapter unless the context clearly indicates otherwise: (1) “Claim” shall mean a demand in writing for damages. (2) “Claimant” shall mean anyone who asserts a claim. (3) “Cleanup…

§ 6203. Pollution of waters and lands prohibited. The discharge of oil which causes an incident is prohibited.61 Del. Laws, c. 127, § 1;

§ 6204. Removal of illegal discharge. Any person determined by the Secretary to be responsible for causing an incident shall immediately undertake to remove such oil pollution to the Secretary’s satisfaction. If the person responsible fails immediately to undertake to remove the …

§ 6205. Enforcement. (a) Any person who violates a provision of this chapter or any rule or regulation promulgated thereunder shall be liable in any court of competent jurisdiction for a civil penalty of not less than $5,000 nor more than $40,000 for each day of violation. Any ci…

§ 6206. Service of process on owners or operators of vessels or facilities who are nonresidents or corporations not incorporated in Delaware. (a) Any nonresident who, either in person or through others, owns or operates a vessel or facility in or upon the lands or waters of this …

§ 6207. Damages; claimants. (a) In addition to all necessary costs of investigation and prosecution claims for damages for economic loss, arising out of or directly resulting from oil pollution, may be asserted for: (1) Cleanup costs; (2) Injury to, or destruction of, real or per…

§ 6208. Liability. (a) Subject to subsection (b) of this section, the owner and operator of a vessel or of a facility, which is the source of, or poses a threat of, oil pollution, shall be jointly, severally and strictly liable for all damages for which a claim may be asserted un…

§ 6209. Financial responsibility. (a) The owner or operator of a vessel or offshore facility shall establish and maintain evidence of financial responsibility by obtaining a Certificate of Financial Responsibility issued by the United States Coast Guard pursuant to the requiremen…

§ 6210. Notification; designation; advertisement. (a) The person in charge of a vessel or facility, which is subject to this chapter, as soon as he or she has knowledge of an incident in which the vessel or facility is involved, shall immediately notify the Secretary of the incid…

§ 6211. Claims settlement. (a) Except as provided in subsection (b) of this section, all claims shall be presented to the owner, operator or guarantor. (b) In the case of a claim presented in accordance with subsection (a) of this section, and in which: (1) The person to whom the…

§ 6212. Adjudication by Secretary. In lieu of any action under § 6211(a) or (b) of this title, the claimant may elect to submit his or her claim to the Secretary for adjudication, that election to be irrevocable and exclusive.61 Del. Laws, c. 127, § 1; 70 Del. Laws, c. 186, § 1;

§ 6213. Appeal to Board. Any person whose interest is substantially affected by the adjudication of the Secretary under § 6212 of this title may appeal to the Environmental Appeals Board within 20 days after the Secretary has announced his or her decision. The Board may affirm, m…

§ 6214. Appeal from Board. (a) Any person or persons, jointly or severally, aggrieved by any decision of the Board, may appeal to the Superior Court in and for the county in which the incident in question wholly or principally occurred by filing a petition, duly verified, setting…

§ 6215. Subrogation. Any person or governmental entity who shall pay compensation to any claimant for an economic loss, compensable under § 6207(a) of this title, shall be subrogated to all rights, claims and causes of action which that claimant has under this chapter.61 Del. Law…

§ 6216. Rules and regulations. The Secretary may, after public hearing in accordance with § 6006 of this title, adopt, amend, modify or repeal rules or regulations to effectuate the policies and purposes of this chapter.61 Del. Laws, c. 127, § 1;

§ 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;

§ 6601A. Purpose. It is the purpose of this chapter to promote public health, safety, and general welfare through the conservation and restoration of nontidal wetlands, which provide significant public value and critical ecological functions through the mitigation and prevention …

§ 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…

§ 6602A. 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 Cont…

§ 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…

§ 6603A. Wetlands Advisory Committee. (a) The Secretary shall, by January 31, 2015, and through consultation with a Wetland Advisory Committee (Committee) established under this section, develop wetland protection priorities for the State of Delaware and recommend for considerati…

§ 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…

§ 6701. Emission standards required for inspection. Any motor vehicle which is subject to inspection by the Division of Motor Vehicles, or any other duly authorized body, shall, as a condition of compliance with the inspection, pass such tests as may be required to demonstrate th…

§ 6702. Violations. Any person who operates a motor vehicle, or owns a motor vehicle which he or she permits to be operated, upon the public highways of the State, which emits smoke and other air contaminants in excess of standards, rules or regulations adopted by the Department,…

§ 6703. Standards for vehicle emissions. The Department shall have the power to formulate and promulgate, amend and repeal codes, rules and regulations establishing standards and requirements for the control of air contaminants from motor vehicles.7 Del. C. 1953, § 6703; 57 Del. …