Title 7, Conservation

§ 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…

§ 7102. Short title. This chapter shall be known and may be cited as the “Delaware Noise Control Act”.60 Del. Laws, c. 648, § 1; 63 Del. Laws, c. 369, § 1;

§ 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…

§ 7103. Definitions. (a) “Committee” shall mean the Noise Advisory Committee created under this chapter. (b) “Farming operations” shall mean any activity which is involved in the production of agriculture, livestock, dairy or poultry products for sale. (c) “Farm vehicle” shall me…

§ 7104. Noise and noise disturbance prohibited. (a) No person shall, without first having obtained a variance or a temporary emergency variance from the Department of Natural Resources and Environmental Control, undertake any activity which in any way may cause or contribute to t…

§ 7105. Administration of chapter; applicability of subchapter. (a) The Secretary of the Department of Natural Resources and Environmental Control or the Secretary’s duly authorized designee shall exercise general supervision over the administration of this chapter and, in conjun…

§ 7106. Powers and duties of Department of Natural Resources and Environmental Control. The Department of Natural Resources and Environmental Control shall have the power and its duty shall be to: (1) Adopt standards, rules and regulations, after public hearing, for the preventio…

§ 7107. Authority of Department of Natural Resources and Environmental Control. The Department of Natural Resources and Environmental Control shall have the authority to: (1) Conduct and supervise research programs for the purpose of determining the causes, effects and hazards of…

§ 7108. Enforcement; investigations; injunctive relief. (a) The Department of Natural Resources and Environmental Control shall enforce this chapter and any duly promulgated rules and regulations. All law-enforcement agencies of this State, including but not limited to police for…

§ 7109. Variance. (a) Any person who owns or operates any stationary noise source may apply to the Secretary of the Department of Natural Resources and Environmental Control for a variance or a partial variance from 1 or more of the rules or regulations promulgated pursuant to th…

§ 7110. Temporary emergency variance. (a) A temporary emergency variance may be granted by the Department: (1) If a severe hardship would be caused by the time period involved in obtaining a full variance. (2) If the emergency is of an unforeseen nature so as to preclude a full v…

§ 7111. Testimony at hearings. Testimony taken at any hearing shall be under oath and recorded stenographically, but the parties shall not be bound by the strict rules of evidence prevailing in the courts of law and equity. True copies of any transcript and of any other record ma…

§ 7112. Conduct of hearings. Any administrative or nonjudicial hearings required by this chapter shall be held before the Secretary of the Department of Natural Resources and Environmental Control or before members of the Department designated by the Secretary. The Secretary, or …

§ 7113. Appeals of final orders. (a) Any person or persons who jointly or severally are substantially affected and aggrieved by any final order or variance of the Department, or any taxpayer, or any officer, department, board or bureau of the State may appeal that order to the St…

§ 7120. Powers and duties of Department of Safety and Homeland Security. (a) The Department of Safety and Homeland Security, after consideration with the Secretary of the Department of Transportation and upon approval of the Secretary of the Department of Natural Resources and En…

§ 7121. Motor vehicle noise 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 said inspection, pass such tests as may be required to demonstrate that the motor …

§ 7122. Motor vehicle violations; enforcement. Any person who operates a motor vehicle or owns a motor vehicle which he or she permits to be operated upon public highways of this State which generates noise in excess of standards adopted by the Department of Safety and Homeland S…

§ 7123. Liberal interpretation. The powers, duties and functions vested in any state department under this chapter shall not be construed to limit in any manner the powers, duties and functions vested therein or in any person under any other provision of law, or any civil or crim…

§ 7124. Other ordinances or remedies. (a) No existing civil or criminal remedy now or hereafter available to any person shall be superseded by this chapter or any rule or regulation promulgated pursuant thereto. (b) No ordinances or resolutions of any governing body of a municipa…

§ 7125. Exemptions. (a) All farm vehicles are exempted from this chapter while engaged in farming operations. (b) Sirens operated to summon volunteer firefighters to alarms and sirens used to summon ambulance crews to service calls are exempted from this chapter.60 Del. Laws, c. …

§ 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 [For application of this section, see 85 Del. Laws, c. 534, § 10]. (a) “Department” means the Department of Natural Resources and Environmental Control. (b) “Linear utility infrastructure projects” means the construction, maintenance, repair, and removal of ov…

§ 7203. Jurisdiction. (a) The Secretary shall have jurisdiction over any project involving ungranted subaqueous lands owned by this 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 invo…

§ 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. Permit, lease, or letter of approval required [For application of this section, see 85 Del. Laws, c. 534, § 10]. (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…

§ 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 [For application of this section, see 85 Del. Laws, c. 534, § 10]. (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 loca…

§ 7208. Hearing [For application of this section, see 85 Del. Laws, c. 534, § 10]. (a) A public hearing must be held if any of the following apply: (1) If a grant or lease for a period of time in excess of 20 years is sought. (2) If the Secretary determines that a public hearing …

§ 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 [For application of this section, see 85 Del. Laws, c. 534, § 10]. 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 Environmenta…

§ 7211. Costs, deposits and fees. (a) All costs for the proceedings under this chapter shall be assessed against the applicant. (b) The Secretary may require a deposit at the time of the application or at any other time to insure the payment of the costs. (c) All costs and deposi…

§ 7212. Rules; delegation [For application of this section, see 85 Del. Laws, c. 534, § 10]. The Secretary may after public hearing, adopt, amend, modify or repeal rules or regulations to effectuate the policy and purposes of this chapter. The Secretary may delegate his or her po…

§ 7213. Existing rights [For application of this section, see 85 Del. Laws, c. 534, § 10]. 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, tidelands or filled lands. This sect…

§ 7214. Violations; enforcement; civil and criminal penalties. (a) Whoever violates this chapter or any rule or regulation duly promulgated, or any condition of a permit issued pursuant to § 7205 of this title, or any order of the Secretary, shall be subject to enforcement in acc…

§ 7215. 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 pursu…

§ 7216. 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 issue…

§ 7217. Special exemptions [For application of this section, see 85 Del. Laws, c. 534, § 10]. (a) This chapter shall not apply to any work performed by any state, county, municipal government or conservation district, or their designated contractor, when that work occurs in nonti…

§ 7218. Creation of the Marine Contractors and Consultants Licensing Board [For application of this section, see 85 Del. Laws, c. 534, § 10]. (a) There is hereby established the Marine Contractors and Consultants Licensing Board. (b) The Marine Contractors and Consultants Licensi…

§ 7301. Statement of policy. (a) Because of the continuing growth of the population and the development of the economy of the State, it is necessary and desirable that areas of unusual natural significance be set aside and preserved for the benefit of present and future generatio…

§ 7302. 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) “Articles of dedication” shall mean the writing by which any estate, interest or ri…

§ 7303. Statement of purpose. In order to secure for the people of the State of present and future generations the benefits of an enduring resource of areas having 1 or more of the characteristics referred to in § 7302(5) of this title, the State, acting through the Department, s…

§ 7304. Designation of Office of Nature Preserves. There is hereby designated within the Department an Office of Nature Preserves, which shall administer for the Department this chapter.61 Del. Laws, c. 212, § 2;

§ 7305. Delaware Natural Areas Advisory Council. (a) There is hereby created a Delaware Natural Areas Advisory Council to advise the Secretary of the Department on the administration of nature preserves and the preservation of natural areas. (b) The Council shall have 8 members. …

§ 7306. Dedication process. (a) The Department is authorized and empowered, for and on behalf of the State, to acquire nature preserves by gift, devise, purchase, exchange or any other method of acquiring real property or any estate, interest or right therein, provided that such …

§ 7307. Additional powers and duties of Department. In furtherance of the purposes of this chapter and in implementation of the powers and duties elsewhere provided in this chapter, the Department shall have the following additional powers and duties: (1) To formulate policies fo…

§ 7308. Change in status from that of dedicated nature preserve. Nature preserves dedicated under § 7306 of this title are to be held in trust, for the uses and purposes set forth for the benefit of the people of the State of present and future generations. They shall be managed …