Title 7 — Conservation

§ 6704. Applications of standards. Any code, rule or regulation establishing standards and requirements for the control of air contaminants from motor vehicles shall be applicable to such classification of motor vehicles as the Department shall determine to be necessary to carry …

§ 6705. Application consistent with federal law. Such codes, rules and regulations shall establish standards and requirements for the control of air contaminants from motor vehicles manufactured with air pollution control devices, systems or engine modifications consistent with t…

§ 6706. Standards attainable by properly functioning vehicles. Such codes, rules and regulations shall establish standards and requirements for the control of air contaminants which can reasonably be attained by properly functioning motor vehicles without the addition of any poll…

§ 6707. Formulation of rules and regulations. All codes, rules and regulations shall be formulated and promulgated in the manner provided in Chapter 60 of this title.7 Del. C. 1953, § 6707; 57 Del. Laws, c. 733.;

§ 6708. Implementation; Department’s standards. The Division of Motor Vehicles, after consultation with the Department of Natural Resources and Environmental Control, shall institute such testing procedures recommended by Department of Natural Resources and Environmental Control …

§ 6709. Permits for operation of motor vehicles during testing. The Department of Natural Resources shall issue permits to all certified repair technicians to conduct on-board diagnostic testing of vehicles that are not in compliance with § 2115 of Title 21. The Department may re…

§ 6801. Purposes. Beaches of the Atlantic Ocean and Delaware Bay shoreline of Delaware are hereby declared to be valuable natural features which furnish recreational opportunity and provide storm protection for persons and property, as well as being an important economic resource…

§ 6802. Definitions. For purposes of this chapter: (1) A “beach” is that area from the Delaware/Maryland line at Fenwick Island to the Old Marina Canal immediately north of Pickering Beach, which extends from the mean high water line of the Atlantic Ocean and Delaware Bay landwar…

§ 6803. Authority to enhance, preserve and protect beaches. (a) Authority to enhance, preserve, and protect public and private beaches within the State is vested solely in the Department, except as pertains to archaeological resources on beaches, which are regulated by the Depart…

§ 6804. Privately owned beaches. The authority of the Department to prevent and repair damages from erosion shall extend to privately owned beaches whenever, in the judgment of the Governor, a dangerous condition constituting an emergency exists in a location specified by the Gov…

§ 6805. Permits required. (a) No person shall, without first having obtained a permit or letter of approval from the Department, undertake any activity: (1) To construct, modify, or reconstruct any structure or facility on any beach seaward of the building line. (2) To alter, dig…

§ 6806. Cease and desist orders. The Secretary of the Department shall have the power to issue a cease and desist order to any person violating this chapter or rule or regulation promulgated pursuant thereto. Any such cease and desist order shall expire (1) after 30 days from the…

§ 6807. Penalties. (a) Whoever, without authority from the Department, alters, moves or carries away any substantial amount of beach material (including, but not limited to, sand or pebbles), or alters, damages or destroys any groin, jetty, bank, dike, dune, bulkhead, seawall, br…

§ 6808. Beach Preservation Fund. (a) A special fund is created in the State Treasury to be known as the “Beach Preservation Fund,” hereafter referred to in this chapter as “the Fund.” (b) The Fund may be used as necessary to effectuate the purposes of this chapter. (c) The balanc…

§ 6809. Federal aid; other funds. The Department may cooperate with and receive moneys from the federal government or any industry or other source. Such moneys received are hereby appropriated and made available for study and action directed at beach preservation.7 Del. C. 1953, …

§ 6810. Eminent domain. (a) The Secretary may, through negotiation or condemnation proceedings under Chapter 61 of Title 10, acquire the fee simple or any lesser interests in land whenever 2/3 or more of the property owners of property included in the project area along a private…

§ 6811. Inconsistent laws or ordinances superseded. All laws or ordinances inconsistent with this chapter are hereby superseded to the extent of the inconsistency.7 Del. C. 1953, § 6808; 58 Del. Laws, c. 566, § 2; 64 Del. Laws, c. 361, § 1;

§ 6812. Short title. This chapter may be known, styled or referred to as the “Beach Preservation Act.”7 Del. C. 1953, § 6809; 58 Del. Laws, c. 566, § 10; 64 Del. Laws, c. 361, § 1;

§ 6901. Definitions. As used in this chapter, unless the context otherwise requires: (1) “Conservation easement” means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natu…

§ 6902. Creation, conveyance, acceptance and duration. (a) Except as otherwise provided in this chapter, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as other easements. (b…

§ 6903. Judicial actions. (a) An action affecting a conservation easement may be brought by: (1) An owner of an interest in the real property burdened by the easement; (2) A holder of the easement; (3) A person having a third-party right of enforcement; or (4) A person authorized…

§ 6904. Validity. A conservation easement is valid even though: (1) It is not appurtenant to an interest in real property; (2) It can be or has been assigned to another holder; (3) It is not of a character that has been recognized traditionally at common law; (4) It imposes a neg…

§ 6905. Applicability. (a) This chapter applies to any interest created after July 18, 1996, which complies with this chapter, whether or not such interest is designated as a conservation easement, covenant, equitable servitude, restriction, easement or otherwise. (b) This chapte…

§ 7001. Purpose. It is hereby determined that the coastal areas of Delaware are the most critical areas for the future of the State in terms of the quality of life in the State. It is, therefore, the declared public policy of the State to control the location, extent and type of …

§ 7002. Definitions. (a) “Board” shall mean the Coastal Zone Industrial Control Board. (b) “Bulk product transfer facility” means any port or dock facility, whether an artificial island or attached to shore by any means, for the transfer of bulk quantities of any substance from v…

§ 7003. Uses absolutely prohibited in the coastal zone. (a) Except as provided by § 7014 of this title, heavy industry uses of any kind not in operation on June 28, 1971, are prohibited in the coastal zone and no permits may be issued therefor. In addition, offshore gas, liquid o…

§ 7004. Uses allowed by permit only; nonconforming uses. (a) Except for heavy industry uses, as defined in § 7002 of this title, manufacturing uses not in existence and in active use on June 28, 1971, are allowed in the coastal zone by permit only, as provided for under this sect…

§ 7005. Administration of this chapter. (a) The Department of Natural Resources and Environmental Control shall administer this chapter. All requests for conversion permits under § 7014 of this title for a heavy industry use site seeking an alternative or additional heavy industr…

§ 7006. State Coastal Zone Industrial Control Board created; composition; conflict of interest; quorum. There is hereby created a State Coastal Zone Industrial Control Board, which shall have 9 voting members. Five of these shall be regular members appointed by the Governor and c…

§ 7007. Appeals to State Coastal Zone Industrial Control Board. (a) The State Coastal Zone Industrial Control Board shall have the power to hear appeals from decisions of the Secretary of the Department of Natural Resources and Environmental Control made under §§ 7005 and 7014 of…

§ 7008. Appeals to Superior Court. Any person aggrieved by a final order of the State Coastal Zone Industrial Control Board under § 7007 of this title may appeal the Board’s decision to Superior Court in and for the county of the location of the land in question. Likewise, the Se…

§ 7009. Condemnation. If Superior Court rules that a permit’s denial, or restrictions imposed by a granted permit, or the operation of § 7003 or § 7004 of this title, is an unconstitutional taking without just compensation, the Secretary of the State Department of Natural Resourc…

§ 7010. Cease and desist orders. The Attorney General shall have the power to issue a cease and desist order to any person violating any provision of this chapter ordering such person to cease and desist from such violation. Provided, that any cease and desist order issued pursua…

§ 7011. Penalties. Any person who violates this chapter shall be fined not more than $50,000 for each offense. The continuance of an activity prohibited by this chapter during any part of a day shall constitute a separate offense. Superior Court shall have exclusive original juri…

§ 7012. Injunctions. The Court of Chancery shall have jurisdiction to enjoin violations of this chapter.7 Del. C. 1953, § 7012; 58 Del. Laws, c. 175.;

§ 7013. Inconsistent laws superseded; all other laws unimpaired; certain uses not authorized. 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 co…

§ 7014. Conversion permit. (a) An owner, operator, or prospective purchaser of a heavy industry use site, including a site that has been abandoned in fact or has been the subject of an abandonment proceeding, may submit an application to the Secretary of the Department of Natural…

§ 7015. Biennial report. (a) Beginning on January 1, 2019, and every 2 years thereafter the Delaware Economic Development Office shall provide a comprehensive report to the General Assembly and the Governor detailing economic development that has been enabled by the Coastal Zone …

§ 7101A. Definitions. In this chapter: (1) “Cutoff luminaire” means a luminaire in which 2.5% or less of the lamp lumens are emitted above a horizontal plane through the luminaire’s lowest part and 10% or less of the lamp lumens are emitted at a vertical angle 80 degrees above th…

§ 7102A. Standards for state-funded outdoor lighting fixtures. (a) An outdoor lighting fixture may be designed, installed or replaced using state funds only if: (1) The new or replacement outdoor lighting fixture is a cutoff luminaire if the rated output of the outdoor lighting f…

§ 7201. Purposes. Subaqueous lands within the boundaries of Delaware constitute an important resource of the State and require protection against uses or changes which may impair the public interest in the use of tidal or nontidal waters. The purposes of this chapter are to empow…

§ 7202. Definitions. (a) “Department” means the Department of Natural Resources and Environmental Control. (b) “Maintenance” means the actions required to return a channel, bridge, culvert, stormwater basin or water control structure to its full operational condition or to preven…

§ 7203. Jurisdiction. (a) The Secretary shall have jurisdiction over any project involving ungranted subaqueous lands owned by the State, and shall have jurisdiction and authority to convey a fee simple of lesser interest or to grant an easement with respect to all projects invol…

§ 7204. Ejectment of trespassers. The Department may eject from any subaqueous lands owned by the State any person, firm or corporation trespassing upon any such lands, including the fixed mooring of floating structures, through appropriate action in the courts of this State.65 D…

§ 7205. Permits required. (a) No person shall deposit material upon or remove or extract materials from, or construct, modify, repair or reconstruct, or occupy any structure or facility upon submerged lands or tidelands without first having obtained a permit, lease or letter of a…

§ 7206. Easements and transfers of title. (a) Pursuant to this chapter, the Secretary shall have exclusive jurisdiction and authority over all projects to convey a fee simple or lesser interest or to grant easements with respect to subaqueous lands belonging to the State. All jur…

§ 7207. Application. (a) Each applicant for a lease, permit or grant, pursuant to this chapter, shall file with the Secretary a request stating in detail the type of lease, permit or grant desired, showing the location of the area and containing specifications for any proposed co…

§ 7208. Hearing. (a) A public hearing shall be held: (1) If a grant or lease for a period of time in excess of 20 years is sought; or (2) If the Secretary determines that a public hearing is in the public interest; or (3) If a written meritorious public hearing request expressing…

§ 7209. Published notice. (a) The published notice shall contain a general description of the location of the property and a statement of the nature of the lease, permit or grant sought to be acquired. (b) If the advertisement is also used to provide notice of a public hearing, i…

§ 7210. Appeals to Environmental Appeals Board. Any person whose interest is substantially affected by any action of the Secretary or of the Department taken pursuant to this chapter, may appeal to the Environmental Appeals Board as established by § 6007 of this title within 20 d…