Title 7, Conservation

§ 5314. Confidentiality. If the Director has reason to believe that disclosure of the exact location or nature of an archaeological resource would lead to vandalism, pilferage, damage, or otherwise pose a risk of harm to the resource or to the site at which the resource is locate…

§ 5315. Cooperation with private individuals. (a) The Division shall take any action necessary and consistent with the purposes of the chapter to foster and improve the communication, cooperation, and exchange of information between the Division and: (1) Private individuals havin…

§ 5316. Shipwreck Management Program. The Division may establish a Shipwreck Management Program, in cooperation with other state and federal agencies experienced in the management of subaqueous lands and resources, to encourage the identification, protection, and, where appropria…

§ 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…

§ 5502. Management of Delaware Geological Survey. The University of Delaware shall have general charge of the Survey and shall direct its operations.48 Del. Laws, c. 173, § 2; 7 Del. C. 1953, § 5503; 55 Del. Laws, c. 442, § 6;

§ 5503. Superintendent; appointment; qualifications; compensation. The University shall appoint as superintendent of the Survey a State Geologist and shall determine his or her compensation. The State Geologist shall be a member of the technical or professional staff of the Unive…

§ 5504. Assistants and employees. The University of Delaware shall appoint such assistants and employees as are necessary to carry out the purposes of this chapter and shall determine the compensation of such persons.48 Del. Laws, c. 173, § 2; 7 Del. C. 1953, § 5505;

§ 5505. Responsibilities and duties of State Geologist. The State Geologist and the Acting State Geologist shall have the following responsibilities and duties: (1) The State Geologist or the Acting State Geologist shall hereby be required to evaluate all activities related to oi…

§ 5701. Declaration of policy and intent. (a) It is the policy and purpose of the State to obtain from the federal government all available relief and assistance to alleviate suffering and damage resulting from major disasters, such as flood, storm, hurricane, fire, drought or ot…

§ 5702. Authority of Governor or designated representative to act for State. (a) The Governor, or such officer, agency or department of the State as shall be designated in writing by the Governor to act as the State’s representative, may enter into such agreements with the federa…

§ 5703. Costs and expense; fund to be charged. Such sums as may be required, whether in payment of the costs of necessary legal proceedings, as compensation to property owners, or in furtherance of any agreement authorized by § 5702 of this title, shall be charged against any spe…

§ 5704. Powers of Governor and Secretary of State. (a) The Governor and the Secretary of State may do all things necessary and proper to provide for disaster recovery and rehabilitation. (b) The Governor may receive and disburse on vouchers signed by the Secretary of State, sums …

§ 5901. Purpose. The purpose of this chapter is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes, whether such persons entered upon the land of …

§ 5902. Definitions. As used in this chapter: (1) “Charge” means the admission price or fee asked in return for invitation or permission to enter or go upon the land. (2) “Land” means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equip…

§ 5903. Limitation on duty of owner. Except as specifically recognized by or provided in § 5906 of this title, an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes, or to give any warning of a dangerous condition, us…

§ 5904. Use of land without charge; limits of liability. (a) Except as specifically recognized by or provided in § 5906 of this title, an owner of land who either directly or indirectly invites or permits without charge any person to use such property for recreational purposes do…

§ 5905. Written waivers. Unless otherwise agreed in writing, §§ 5903 and 5904 of this title shall be applicable to the duties and liability of an owner of land leased to the State, or any subdivision thereof, for recreational purposes.7 Del. C. 1953, § 5905; 55 Del. Laws, c. 449.…

§ 5906. Limitations on exemption from liability. Nothing in this chapter limits in any way any liability which otherwise exists: (1) For wilful or malicious failure to guard or warn against a dangerous condition, use, structure or activity; (2) For injury suffered in any case whe…

§ 5907. Exemptions. Nothing in this chapter shall be construed to: (1) Create a duty of care, or ground of liability, for injury to persons or property; (2) Relieve any person using the land of another for recreational purposes from any obligation which he or she may have in the …

§ 6001. Findings, policy and purpose. (a) Findings. — The General Assembly hereby makes the following findings concerning the development, utilization and control of the land, water, underwater and air resources of the State: (1) The development, utilization and control of the la…

§ 6002. Definitions. As used in this chapter: (1) “Activity” means construction, or operation, or use of any facility, property, or device. (2) “Agricultural operations” means as defined in § 8141(a) of Title 10. (3) “Air contaminant” means particulate matter, dust, fumes, gas, m…

§ 6003. Permit — Required. (a) No person shall, without first having obtained a permit from the Secretary, undertake any activity: (1) In a way which may cause or contribute to the discharge of an air contaminant; or (2) In a way which may cause or contribute to discharge of a po…

§ 6004. Permit — Application; hearing; extension. (a) Any person desiring to obtain a permit required by § 6003 of this title or a variance or an application to establish a redemption center or a certificate of public convenience and necessity required by subchapter V of this cha…

§ 6005. Enforcement; civil and administrative penalties; expenses. (a) The Secretary shall enforce this chapter. (b) Whoever violates this chapter or any rule or regulation duly promulgated thereunder, or any condition of a permit issued pursuant to § 6003 of this title, or any o…

§ 6006. Public hearings. Any public hearing held by the Secretary concerning any regulation or plan, permit application, alleged violation or variance request shall be conducted as follows: (1) For any hearing on an application for a permit or an alleged violation or variance req…

§ 6007. Establishment of Environmental Appeals Board. (a) There is hereby created an Environmental Appeals Board which shall consist of 7 Delaware residents, appointed by the Governor with the advice and consent of the Senate. The Chairperson shall be appointed by the Governor an…

§ 6008. Appeals to Board. (a) (1) a. Except as provided under subsection (e) of this section, any person whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board within 20 days after receipt of the Secretary’s decision …

§ 6009. Appeal from the Board’s decision. (a) Any person or persons, jointly or severally, or any taxpayer, or any officer, department, board or bureau of the State, aggrieved by any decision of the Board, may appeal to the Superior Court in and for the county in which the activi…

§ 6010. Rules and regulations; plans. (a) The Secretary may adopt, amend, modify or repeal rules or regulations, or plans, after public hearing, to effectuate the policy and purposes of this chapter. No such rule or regulation shall extend, modify or conflict with any law of this…

§ 6011. Variance. (a) The Secretary may, upon application of a person (except an application concerning (1) a source of water or a sewerage facility for 3 or fewer families or (2) open burning, on which the Secretary may act without public notification), grant a variance to that …

§ 6012. Temporary emergency variances. (a) Notwithstanding § 6011 of this title, other than subsection (g) of that section, the Secretary may grant a variance to any rules or regulations promulgated pursuant to this chapter, for a period not to exceed 60 days. The request for a t…

§ 6013. Criminal penalties. (a) Any person who wilfully or negligently: (1) Violates § 6003 of this title, or violates any condition or limitation included in a permit issued pursuant to § 6003 of this title, or any variance condition or limitation, or any rule or regulation, or …

§ 6014. Regulatory and compliance information, facility performance and public information. (a) The Department shall develop an Environmental Information System that will include general information about facilities and sites under the Department’s regulatory jurisdiction as defi…

§ 6015. Interference with Department personnel. No person shall obstruct, hinder, delay or interfere with, by force or otherwise, the performance by Department personnel of any duty under this chapter, or any rule or regulation or order or permit or decision promulgated or issued…

§ 6016. Departmental investigations; witnesses; oaths; attendance. In furtherance of the policy and purposes of this chapter, the Secretary may make or cause to be made any investigation or study which is, in his or her opinion, necessary for the purpose of enforcing this chapter…