Title 23 — Navigation and Waters
10 chapters · 52 sections in this title.
23 Del. C. § 1101. Casting ballast in tideway; penalty.
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§ 1101. Casting ballast in tideway; penalty. Whoever casts into the tideway of the Delaware Bay or River, above Bombay Hook Island or within 1/2 mile of the mouth of any navigable stream between the Island and the Delaware Breakwater or within 3 miles of the breakwater, any balla…
23 Del. C. § 1102. Sweeping for anchors, cables or buoys near breakwater; penalty.
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§ 1102. Sweeping for anchors, cables or buoys near breakwater; penalty. Whoever sweeps for or takes possession of anchors, cables or buoys within 1 mile of the Delaware Breakwater or ice breaker, unless it be the person who has lost such anchor, cable or buoy, or the person’s age…
23 Del. C. § 1103. Regulation of anchorage.
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§ 1103. Regulation of anchorage. Vessels anchoring in any river or creek shall do so out of the channel and as near the shore as they can with safety, and, when necessary, shall moor parallel with the channel, so as to leave a free passage, or they shall be held liable, as for gr…
23 Del. C. § 1104. Obstructions interfering with use of shore or harbor.
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§ 1104. Obstructions interfering with use of shore or harbor. Whoever causes any obstruction to be erected or placed or remain upon the shore of any navigable river in this State so as to interfere with the public use of the river shore or harbor of any city or town situated upon…
23 Del. C. § 1105. Mistreatment of buoy, beacon and daymark; notice; penalty; disposition of fine.
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§ 1105. Mistreatment of buoy, beacon and daymark; notice; penalty; disposition of fine. Whoever moors any vessel or vessels of any kind or name whatsoever or any raft or any part of a raft to any buoy, beacon or daymark placed in the waters of Delaware by the authority of the Com…
23 Del. C. § 1106. Anchoring on range line of range lights; penalty.
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§ 1106. Anchoring on range line of range lights; penalty. No vessel shall anchor on the range line of any range lights established by the Commandant of the United States Coast Guard in this State. The master of any vessel so anchoring shall be fined not more than $50.16 Del. Laws…
23 Del. C. § 1107. Lien on vessel causing damage.
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§ 1107. Lien on vessel causing damage. The cost of repairing or replacing any buoy, beacon or daymark which has been misplaced, damaged or destroyed by any vessel or raft whatsoever, having been made fast to any such buoy, beacon or daymark, shall, when the same has been legally …
23 Del. C. § 1108. Obstructions of navigation in St. Jones’ River; penalties.
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§ 1108. Obstructions of navigation in St. Jones’ River; penalties. Whenever any obstruction to the navigation of the St. Jones’ River occurs, by reason of dirt or other material falling or being washed into the River, in consequence of any wharf thereon being out of proper repair…
23 Del. C. § 1109. Anchoring regulations in St. Jones’ River.
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§ 1109. Anchoring regulations in St. Jones’ River. No captain or commander of any vessel, boat, barge or scow shall moor, anchor or make fast in any manner to the west side of the St. Jones’ River, commonly known as the Murderkill side, within 1/2 mile of the mouth of the River. …
23 Del. C. § 1110. Obstruction of navigation in Murderkill River and Spring Creek.
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§ 1110. Obstruction of navigation in Murderkill River and Spring Creek. Whoever fills up or designedly or intentionally injures or obstructs any canal already cut between the waters of Murderkill River and Spring Creek, or either of the streams and the branches of the other, or i…
23 Del. C. § 1111. Removal or destruction of channel stakes in Murderkill River; penalty.
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§ 1111. Removal or destruction of channel stakes in Murderkill River; penalty. Whoever wilfully destroys or removes any of the stakes settled and planted to designate the channel of Murderkill River, by and under the authority of 13 Del. Laws, c. 153, shall be fined $20 for each …
23 Del. C. § 1112. Liability for collision caused by anchoring in Deep Hole below Broadkiln Creek.
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§ 1112. Liability for collision caused by anchoring in Deep Hole below Broadkiln Creek. Whenever any captain or commander of a vessel anchors any vessel under the captain’s or commander’s charge within the limits of the place known as the Deep Hole, just below the mouth of Broadk…
23 Del. C. § 1113. Regulations for anchoring at mouth of Mahon’s River; penalties; jurisdiction.
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§ 1113. Regulations for anchoring at mouth of Mahon’s River; penalties; jurisdiction. No boat or vessel of any kind or description shall anchor, moor, make fast or cause to be anchored, moored or made fast so it may swing in the western half of the mouth of Mahon’s River, commenc…
23 Del. C. § 1301. Control by owner or owners of more than half part; master’s refusal to surrender; penalty.
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§ 1301. Control by owner or owners of more than half part; master’s refusal to surrender; penalty. Every vessel owned by a citizen or citizens of this State shall be subject to the control of the vessel’s owner, if there be but 1, or, if such vessel be owned by several jointly or…
23 Del. C. § 1302. Forcible, fraudulent or secret taking of vessel; penalty.
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§ 1302. Forcible, fraudulent or secret taking of vessel; penalty. Whoever forcibly, fraudulently or secretly takes or attempts to take and remove any vessel from any harbor, river, creek or sound within this State, on any pretense whatever, shall be fined not more than $500, and …
23 Del. C. § 1303. Vessels adrift or abandoned on public property and lost, abandoned, or stolen property relating to vessels.
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§ 1303. Vessels adrift or abandoned on public property and lost, abandoned, or stolen property relating to vessels. (a) A person finding or having in that person’s own possession a vessel that was adrift or abandoned, or any lost, abandoned, or stolen property relating to a vesse…
23 Del. C. § 1304. Vessels and property relating to vessels adrift or abandoned on private property.
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§ 1304. Vessels and property relating to vessels adrift or abandoned on private property. (a) Abandoned vessels and property relating to vessels on the strand on private property, such as private waters, private subaqueous land, private marinas, private docks, and private boatyar…
23 Del. C. § 1305. Penalties; jurisdiction.
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§ 1305. Penalties; jurisdiction. A person who abandons a vessel or property relating to a vessel on public or private property for more than 30 days or who violates any other provision of § 1303 or § 1304 of this title is subject to a civil penalty of not less than $100 nor more …
23 Del. C. § 1501. Limitation on wharves in City of New Castle.
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§ 1501. Limitation on wharves in City of New Castle. Whoever builds or extends any wharf or wharves or landing places, filled up solid from the foundation into the Delaware River, further than by the determination and limitation by the City Council of the City of New Castle of th…
23 Del. C. § 1502. Laurel River; wharf lines and limitations.
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§ 1502. Laurel River; wharf lines and limitations. Commissioners appointed under 18 Del. Laws, c. 224, having adjusted and determined certain limits on each side of the Laurel River in Sussex County, from the iron bridge over the river down river, to which wharves may be extended…
23 Del. C. § 1503. Enforcement of Laurel River restrictions.
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§ 1503. Enforcement of Laurel River restrictions. The Levy Court Commissioners of Sussex County, upon complaint of 1 or more inhabitants of either of the Fourth or Fifth Representative Districts, that any wharf, platforms, landing place, marine railway, pier, pile, abutment or ot…
23 Del. C. § 1504. Drainage into Laurel River.
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§ 1504. Drainage into Laurel River. Nothing contained in §§ 1502 and 1503 of this title shall be construed to prevent the Town of Laurel from constructing, erecting or providing proper sluices, culverts and waste ways for the drainage of the town or to prevent the present drains …
23 Del. C. § 1505. Delaware River opposite Wilmington and Edge Moor; bulkhead and pier lines.
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§ 1505. Delaware River opposite Wilmington and Edge Moor; bulkhead and pier lines. The bulkhead line or lines of solid filling and the pier line in the tidewaters of the River Delaware, lying between the Christina River and the northerly boundary of Edge Moor, opposite the City o…
23 Del. C. § 1506. Filing federal maps and reports.
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§ 1506. Filing federal maps and reports. The Secretary of State shall procure duplicate copies of the federal government’s manuscript map or maps, report or reports accompanying the same, from time to time, and file 1 of the copies in the Secretary’s office at Dover and the other…
23 Del. C. § 1507. Filling in beyond established bulkhead line; structures outside bulkhead line.
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§ 1507. Filling in beyond established bulkhead line; structures outside bulkhead line. It shall not be lawful to fill in with earth, stone or other solid material in the tidewaters of the Delaware River between the points referred to in § 1505 of this title, beyond the bulkhead l…
23 Del. C. § 1508. Littoral proprietors’ rights; deposit of dredgings by United States.
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§ 1508. Littoral proprietors’ rights; deposit of dredgings by United States. The littoral proprietors abutting on the River Delaware, between Christina River and the northerly boundary of Edge Moor, may erect bulkheads, wharves and piers on the line or lines now or hereafter to b…
23 Del. C. § 1509. Title of littoral proprietors to lands filled in.
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§ 1509. Title of littoral proprietors to lands filled in. The land under the waters of the Delaware River, within the limits as determined in § 1510 of this title, on the front of the littoral holdings of the littoral proprietors, respectively, and between the bulkhead line or li…
23 Del. C. § 1510. Waterfront of respective proprietors; determination of.
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§ 1510. Waterfront of respective proprietors; determination of. The breadth of waterfront appertaining to each littoral proprietor or owner of land abutting on the river bank shall be determined by protracting the line of the land to the bulkhead line established under §§ 1505-15…
23 Del. C. § 1511. Proprietors’ right to own and hold structures on river front; further rights.
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§ 1511. Proprietors’ right to own and hold structures on river front; further rights. The littoral proprietors, respectively, may own and hold all bulkheads, docks, wharves, buildings and piers that hereafter may be erected pursuant to §§ 1505-1511 of this title on the front of t…
23 Del. C. § 1701. Removal of dredgings beyond limits of State; penalty.
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§ 1701. Removal of dredgings beyond limits of State; penalty. Whoever knowingly and wilfully transports or removes or attempts to transport or remove to any point or place of deposit beyond the territorial limits of the State, by any process or in any manner, any dredging, earth,…
23 Del. C. § 1702. Depositing dredged material outside State; penalty.
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§ 1702. Depositing dredged material outside State; penalty. Whoever, being in any manner engaged in the work of dredging or excavating any earth, soil, dirt, mud, sand, silt or other material of any kind from any channelway or harbor within this State, or of removing the same the…
23 Del. C. § 1703. Liability of masters, pilots and engineers.
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§ 1703. Liability of masters, pilots and engineers. Whoever, being a master, pilot, engineer or other person acting in such capacity on board of any boat or vessel, knowingly engages in towing any scow, boat, vessel or other craft loaded with any such matter or substance describe…
23 Del. C. § 1704. Vessels liable for pecuniary penalties; enforcement of lien.
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§ 1704. Vessels liable for pecuniary penalties; enforcement of lien. Any boat, vessel, scow or other craft used or employed in violating any of the provisions of §§ 1701 and 1703 of this title shall be liable to the pecuniary penalties imposed by such sections, and the penalties …
23 Del. C. § 1705. Removal of building materials.
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§ 1705. Removal of building materials. Sections 1701-1704 of this title shall not be construed to prevent any person from dredging, excavating or removing from this State clay, sand or other mineral or substance intended to be used in building or any other art or trade.25 Del. La…
23 Del. C. § 1706. Removing sand from beach areas.
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§ 1706. Removing sand from beach areas. No sand shall be dug, mined, removed or carried away from any public or private beach extending from mean high watermark to the Ocean Highway between Rehoboth and the Maryland state line.41 Del. Laws, c. 197, § 1; 42 Del. Laws, c. 178, § 1;…
23 Del. C. § 1707. Permission for sand removal; exception of gravel.
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§ 1707. Permission for sand removal; exception of gravel. No person shall dig, mine, remove or carry away, or cause to be dug, mined, removed or carried away, any sand from any public or private beach along the Delaware Bay or along the Atlantic Ocean within 500 feet from mean hi…
23 Del. C. § 1708. Penalties for removing sand; enforcement.
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§ 1708. Penalties for removing sand; enforcement. (a) Whoever violates §§ 1706 and 1707 of this title shall be fined not less than $10 nor more than $50, or imprisoned for not less than 5 nor more than 30 days. (b) The justices of the peace shall have jurisdiction to hear and det…
23 Del. C. § 1709. Exemption.
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§ 1709. Exemption. The provisions of this chapter shall not apply to the transport or removal from this State of any dredging, earth, dirt, mud, soil, sand, silt or other material of any kind, either in a solid or liquid state, from the Nanticoke River.74 Del. Laws, c. 10, § 1;
23 Del. C. § 1901. Building on unnavigable streams.
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§ 1901. Building on unnavigable streams. Any person may erect or raise a dam to raise water for working any mill upon and across any stream in this State, where it is not navigable, upon the terms and conditions and subject to the regulations hereinafter expressed. No such dam sh…
23 Del. C. § 1902. Procedure to condemn materials for building and repair of dams.
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§ 1902. Procedure to condemn materials for building and repair of dams. Whenever earth, sand, gravel, stone or other material requisite for the construction or repair of any lawful dam shall lie contiguous or adjacent to such dam, the owner of such dam may proceed by petition, se…
23 Del. C. § 1903. Right of entry to repair banks of stream.
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§ 1903. Right of entry to repair banks of stream. If at any time a breach in the banks of any stream, upon which a lawful dam shall exist, shall occur by reason of flood or from any other cause whereby the usual volume of water shall be diverted from its customary channel to the …
23 Del. C. § 1904. Forcing water back to injury of adjoining landowners; penalty; exceptions.
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§ 1904. Forcing water back to injury of adjoining landowners; penalty; exceptions. Whoever owns, leases or controls any milldam or millpond upon or across any stream of water shall construct and maintain the dam across such stream in such manner and with such gates and appliances…
23 Del. C. § 2301. Definitions.
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§ 2301. Definitions. (a) “Alcohol concentration of 0.08 or more” shall mean: (1) An amount of alcohol in a sample of a person’s blood equivalent to 0.08 or more grams of alcohol per 100 milliliters of blood; or (2) An amount of alcohol in a sample of a person’s breath equivalent …
23 Del. C. § 2302. Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs.
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§ 2302. Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs. (a) No person shall motor, sail, row, operate, command or have actual physical control of any vessel or boat underway on Delaware waters: (1) When the person is under the influenc…
23 Del. C. § 2303. Consent to submit to chemical test.
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§ 2303. Consent to submit to chemical test. (a) Any person who motors, sails, rows, commands, operates or has actual physical control of a vessel or boat underway on the waters of this State shall be deemed to have given consent, subject to this section and § 2302 of this title, …
23 Del. C. § 2304. Refusal to submit to chemical test.
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§ 2304. Refusal to submit to chemical test. (a) If any person requested refuses to submit to a chemical test pursuant to § 2303 of this title, after being informed of the penalty for said refusal, that person shall be prohibited from operating a vessel upon Delaware waters for a …
23 Del. C. § 2305. Penalties; jurisdiction.
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§ 2305. Penalties; jurisdiction. Whoever is convicted of a violation of § 2302 of this title shall: (1) For the first offense, be fined not less than $200 nor more than $1,000, or imprisoned not less than 60 days nor more than 6 months, or both. (2) For a second offense occurring…
23 Del. C. § 2306. Enforcement of chapter.
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§ 2306. Enforcement of chapter. In addition to any other powers of arrest, any law-enforcement officer is hereby authorized to arrest without warrant any person who the officer has probable cause to believe has violated the provisions of this chapter, regardless of whether the al…
23 Del. C. § 2307. Persons qualified to administer tests.
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§ 2307. Persons qualified to administer tests. Any person qualified under § 2746 of Title 21 shall be qualified for the purposes of this chapter to withdraw blood from a person submitting to a chemical test or obtaining a specimen of breath or urine under this chapter.67 Del. Law…
23 Del. C. § 2308. Disposition of vessel and property.
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§ 2308. Disposition of vessel and property. (a) Where the only person on a vessel is an individual suspected of violating this chapter, the following procedure shall apply: (1) The vessel shall be towed to a safe port and be secured. (2) An inventory of the vessel’s contents shal…