Title 7, Conservation

§ 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…

§ 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…

§ 4301. Declaration of policy. It is declared that the removal of accumulated sediment from artificially constructed lagoons and the management of such lagoons for navigational improvement shall be considered a public benefit and conducive to the public health, safety and welfare…

§ 4302. Purpose. It is the purpose of this chapter in carrying out the policy declared in § 4301 of this title to provide a basis for a uniform system for establishing, financing, administering, maintaining and dissolving lagoon organizations in the State under the supervision of…

§ 4303. 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…

§ 4304. Lagoon management commissioners; membership; qualifications; term; vacancies; secretary. (a) A board of lagoon management commissioners consisting of 3 lagoon management commissioners and 3 alternate lagoon management commissioners is continued for each county within the …

§ 4305. Disqualification of members. In those cases where any member of the board of lagoon management commissioners owns lands within the boundary of a proposed tax lagoon, such member shall not serve as a member of said board on that particular tax lagoon, and an alternate lago…

§ 4306. Chairperson; quorum; voting. A chairperson of each board of lagoon management commissioners shall be designated by the members thereof and such designation may be changed from time to time. A majority of the lagoon management commissioners of each board shall constitute a…

§ 4307. Compensation; expenses and reimbursement. (a) The lagoon management 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 Resourc…

§ 4308. Employment of qualified personnel. The Department of Natural Resources and Environmental Control shall employ personnel qualified by experience in structural engineering, bulk heading, dredging and soil work to assist it in carrying out its functions under this chapter an…

§ 4309. 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.73 Del. Laws, c. 389, § 1;

§ 4310. Nature of a tax lagoon. A tax lagoon organized under this chapter shall constitute a governmental subdivision of this State and a public body, corporate and politic, exercising public powers.73 Del. Laws, c. 389, § 1;

§ 4311. Petition for formation of a tax lagoon; assistance by Division of Watershed Stewardship. (a) Whenever 1 or more of the owners of any lands desire their lagoons to be dredged or managed, they may present a petition for the formation of a tax lagoon to the Superior Court of…

§ 4312. Form of petition. A petition for the formation of a tax lagoon shall be in the following form: PETITION ________________ To the Superior Court of ________________________________ County through the Division of Watershed Stewardship: Whereas the undersigned (is)(are) the o…

§ 4313. Name of tax lagoon. The name of any tax lagoon established under this chapter shall not be the same as the name of any existing tax lagoon management organization within the same county.73 Del. Laws, c. 389, § 1;

§ 4314. Deposit upon filing of petitions for tax lagoon. (a) The Division of Watershed Stewardship 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 nec…

§ 4315. Duties of the Division of Watershed Stewardship upon receipt of petition. The board of supervisors of the county soil conservation district, upon receipt of a petition for the formation of a tax lagoon, shall determine whether the petition is in the form set forth in § 43…

§ 4316. Investigation; hearing. The Division of Watershed Stewardship shall cause an investigation to be made in order to ascertain the general location and approximate boundaries of the proposed tax lagoon and to obtain other information to determine whether the formation of the…

§ 4317. Filing of petition and report; action by district when formation is found to be not practicable and feasible. (a) If the Division of Watershed Stewardship determines that the formation of the proposed tax lagoon is practicable, feasible and in the interest of the public h…

§ 4318. Determinations to be made by board of lagoon management commissioners. (a) Upon the filing of a petition for the formation of a tax lagoon in the office of the prothonotary of a county, the board of lagoon management commissioners of such county, acting as officers of the…

§ 4319. Existing works of improvement; compensation for work done thereon. The board of lagoon management commissioners may deem adequate any works of improvement already performed, including but not limited to dredging, and may allow a fair compensation to landowners for work pr…

§ 4320. Factors in determination of cost. (a) In determining the total cost of the proposed tax lagoon works of improvement, the board of lagoon management commissioners shall include, among other things, the estimated costs of dredging, the estimated cost of forming the tax lago…

§ 4321. Assessment list. After determining the basis for distribution of costs among the landowners, the board of lagoon management commissioners shall prepare an assessment list which shall show the names of all owners of property whom it deems will benefit from the proposed tax…

§ 4322. Proposed report of board of lagoon management commissioners. The board of lagoon management commissioners, with the assistance of the Division of Watershed Stewardship, shall prepare a proposed report containing the following determinations and information: (1) The name o…

§ 4323. Notice of hearing on establishment of tax lagoon. Upon completion of the proposed report required by § 4322 of this title, the board of lagoon management commissioners shall notify all owners of property in the proposed tax lagoon area of a hearing concerning the establis…

§ 4324. Hearing; adoption of proposed report; right to adjourn hearing; referendum. At the time and place designated in the notice, the board of lagoon management commissioners, with the assistance of the Division of Watershed Stewardship, shall hold a hearing at which all person…

§ 4325. Contents of report; filing. After holding the hearing and supervising the referendum provided for in § 4324 of this title, the board of lagoon management commissioners shall file the original and 2 copies of its final report in the office of the prothonotary of the county…

§ 4326. Signing of lagoon management commissioners’ report; dissent. The report of the board of lagoon management commissioners, including the statement required by § 4325 of this title, shall be signed by all of the lagoon management commissioners concurring therein. Any lagoon …

§ 4327. Waiving of lagoon management commissioners’ hearing and referendum. In those cases when all of the landowners involved indicate by signed statement that they are familiar with the report of the board of lagoon management commissioners and that they favor the formation of …

§ 4328. Action by Superior Court; notice of final hearing. (a) After the report and statement of the board of lagoon management commissioners have been filed in the office of the prothonotary of the appropriate county, they shall be carefully reviewed by the Superior Court of the…

§ 4329. Final hearing; lagoon order. At least 10 days prior to the date set for the final hearing before the Superior Court, any interested person may file an objection in writing to the report of the board of lagoon management commissioners. The Superior Court shall review the r…