Title 7, Conservation

§ 3923. Use of appropriated money in Sussex, Kent and New Castle Counties. The money appropriated pursuant to § 3921 of this title shall be used by the Division of Watershed Stewardship to pay or assist in paying all costs including personnel required for planning, construction, …

§ 3925. Transfer of funds prohibited. Funds appropriated for use by a particular district in a particular county shall only be used by that district in that county.7 Del. C. 1953, § 3925; 55 Del. Laws, c. 414, § 2; 57 Del. Laws, c. 749.;

§ 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;

§ 4101. Declaration of policy. It is declared that the drainage and the prevention of flooding of lands and the management of water for resource conservation shall be considered a public benefit and conducive to the public health, safety and welfare.48 Del. Laws, c. 151, § 1; 7 D…

§ 4102. Purpose. It is the purpose of this chapter in carrying out the policy declared in § 4101 of this title to provide a basis for a uniform system for establishing, financing, administering, maintaining and dissolving tax ditch organizations in the State under the supervision…

§ 4103. Definitions. For the purposes of this chapter, unless otherwise specifically defined, or another intention clearly appears, or the context requires a different meaning: (1) “Benefits” include, but shall not be limited to, the privilege of participating in a cooperative sy…

§ 4104. Application; effect on previously established drainage organizations and on earlier drainage laws. (a) Any landowner or owners in an area served by a drainage organization established prior to June 1, 1951, under any other law of this State, or any landowner or owners who…

§ 4105. Limitation of easement or right-of-way. (a) Once a tax ditch has been constructed, any right-of-way for the construction and major maintenance of the tax ditch — provided such has been created pursuant to this chapter — and including tax ditches where rights-of-way were p…

§ 4106. Ditch commissioners; membership; qualifications; term; vacancies; secretary. (a) A board of ditch commissioners, consisting of 3 ditch commissioners and 3 alternate ditch commissioners, is continued for each county within the State. Upon the expiration of the terms of off…

§ 4107. Disqualification of members. In those cases where any member of the board of ditch commissioners owns lands within the boundary of a proposed tax ditch, such member shall not serve as a member of said board on that particular tax ditch and an alternate ditch commissioner …

§ 4108. Chairperson; quorum; voting. A chairperson of each board of ditch commissioners shall be designated by the members thereof and such designation may be changed from time to time. A majority of the ditch commissioners of each board shall constitute a quorum and the concurre…

§ 4109. Compensation; expenses and reimbursement. (a) The ditch commissioners shall be entitled to receive reimbursement for their expenses necessarily incurred in the discharge of their duty at a per diem rate set by the Secretary of the Department of Natural Resources and Envir…

§ 4110. Employment of qualified personnel. The Department of Natural Resources and Environmental Control shall employ personnel, including a Registered Professional Engineer, authorized to practice engineering in this State under Chapter 28 of Title 24, who is qualified by experi…

§ 4111. Employment of personnel; purchase of supplies and equipment. The Department may employ such personnel and obtain by purchase or otherwise such supplies and equipment as are necessary to carry out this chapter.48 Del. Laws, c. 151, § 6; 7 Del. C. 1953, § 4111;

§ 4116. Nature of a tax ditch. A tax ditch organized under this chapter shall constitute a governmental subdivision of this State and a public body, corporate and politic, exercising public powers.48 Del. Laws, c. 151, § 43; 7 Del. C. 1953, § 4116;

§ 4117. Petition for formation of a tax ditch; assistance of Division of Watershed Stewardship. (a) Whenever 1 or more of the owners of any lands desire their lands to be drained or protected from flooding, or the waters of their lands to be managed they may present a petition fo…

§ 4118. Form of petition. A petition for the formation of a tax ditch shall be in the following form: PETITION To the Superior Court of ________________________________ County through the Board of Supervisors of the Soil Conservation District of ________________________________ C…

§ 4119. Name of tax ditch. The name of any tax ditch established under this chapter shall not be the same as the name of any existing drainage organization within the same county.48 Del. Laws, c. 151, § 71; 7 Del. C. 1953, § 4119;

§ 4120. Deposit upon filing of petitions for tax ditch. (a) The county soil conservation district shall require that a specified sum be deposited with it by the petitioners before the petition is filed in the office of the prothonotary to cover filing fees, mailing and other nece…

§ 4121. Duties of county soil conservation district upon receipt of petition. The board of supervisors of the county soil conservation district shall, upon receipt of a petition for the formation of a tax ditch, determine whether the petition is in the form set forth in § 4118 of…

§ 4122. Investigation; hearing. The county soil conservation district shall cause an investigation to be made by the Division of Watershed Stewardship in order to ascertain the general location and approximate watershed boundaries of the proposed tax ditch, and to obtain other in…

§ 4123. Report of investigation by Division of Watershed Stewardship. The Division of Watershed Stewardship shall make a formal report of its investigation to the county soil conservation district together with its recommendations.48 Del. Laws, c. 151, § 11; 7 Del. C. 1953, § 412…

§ 4124. Determination by county soil conservation district. The county soil conservation district shall, upon the basis of the information obtained under this chapter, determine whether the formation of the proposed tax ditch is practicable and feasible and is in the interest of …

§ 4125. Filing of petition and report; action by district when formation is found to be not practicable and feasible. (a) If the county soil conservation district determines that the formation of the proposed tax ditch is practicable, feasible and in the interest of the public he…

§ 4126. Determinations to be made by board of ditch commissioners. (a) Upon the filing of a petition for the formation of a tax ditch in the office of the prothonotary of a county, the board of ditch commissioners of such county, acting as officers of the Court, shall, at the dir…

§ 4127. Existing works of improvement; compensation for work done thereon. The board of ditch commissioners may deem adequate any works of improvement already constructed, including but not limited to ditches and structures and may incorporate these in the tax ditch, and may allo…

§ 4128. Factors in determination of cost. (a) In determining the total cost of the proposed tax ditch works of improvement, the board of ditch commissioners shall include, among other things, the estimated costs of construction, the estimated cost of forming the tax ditch, the am…

§ 4129. Assessment list. After determining the basis for distribution of costs among the landowners, the board of ditch commissioners shall prepare an assessment list which shall show the names of all owners of property, wholly or partly within the watershed of the proposed tax d…

§ 4130. Proposed report of board of ditch commissioners. The board of ditch commissioners, with the assistance of the Division of Watershed Stewardship, shall prepare a proposed report containing the following determinations and information: (1) The name of the proposed tax ditch…