Title 7 — Conservation

title-77 Del. C.Code1 de jan. de 1900

Abrir fonte

Part I Game, Wildlife and Dogs

Chapter 1 Protected Wildlife

§ 101 Definitions.
§ 102 Powers and duties.
§ 103 Rules and regulations; expenditures; violations and penalty.
§ 104 Restrictions on expenditures and indebtedness.
§ 105 Assent to federal statutes — Cooperative wildlife-restoration projects.
§ 106 Assent to federal statutes — Cooperative fish-restoration projects.
§ 107 Use of funds derived from sale of hunting and trapping licenses.
§ 108 Use of funds derived from sale of fishing licenses.
§ 109 Deposit of receipts.
§ 110 Disbursements.
§ 111 Search and seizure powers of the Secretary and Fish and Wildlife Agents.
§ 112 Prohibition against acceptance of fees by employees of Department.
§ 113 Protected wildlife injuring agriculture or other community interests.
§ 114 Protected wildlife injuring private property.
§ 115 Power of Department to take game or fish for propagating and restocking purposes.

Chapter 2 Nongame Wildlife and Habitat Preservation Programs

§ 201 Findings.
§ 202 Definitions.
§ 203 Procedure for contribution; disposition thereof.
§ 204 Preservation Fund.

Chapter 5 Licenses

Subchapter I Hunting, Trapping and Fishing Licenses, Tags, and Stamps; Public Lands Use Fees

§ 501 Licenses.
§ 502 Exceptions to requirements for license.
§ 503 Application for resident’s license; proof of residence; use of license information.
§ 504 License fees for residents; additional tags.
§ 505 License requirements for members of the armed forces.
§ 506 License requirements for nonresidents; use of license information.
§ 507 Exceptions to requirement of license for nonresidents.
§ 508 License and tag fees for nonresidents.
§ 509 Complimentary licenses.
§ 510 Term of license.
§ 511 Licensing agents; bond requirement; service charge; regulations.
§ 512 Refusal to sell and revocation of license; grounds; notice.
§ 513 License possession.
§ 514 Tagging metal traps; obtaining tags; violation and penalty.
§ 515 Possession of protected game or fish by unlicensed nonresident; penalty.
§ 516 Forgery or alteration of license; obtaining license by misrepresentation; use of license by another; penalties.
§ 517 Migratory waterfowl stamp.
§ 518 Hunting or trapping during license revocation.
§ 519 [Reserved.]
§ 520 Free sport fishing days.
§ 521 Public lands use fees; blind site permit; conservation access pass.

Subchapter II Raw Fur Dealers

§ 528 License requirement for commercial raw fur dealer.
§ 529 License fees.
§ 530 Qualification of licensee; nontransferability of license.
§ 531 Penalties; failure to obtain license.
§ 532 Records to be kept by licensed fur dealers; inspection; violations and penalties.

Subchapter III Breeders of Game Animals or Birds for Commercial Purposes

§ 542 License requirement.
§ 543 License fee; qualification of licensee; nontransferability.
§ 544 Permit to ship game animals or birds out of State.
§ 545 Penalty.

Subchapter IV Taking Protected Wildlife, Finfish and Shellfish for Scientific, Education or Propagating Purposes

§ 555 Permit to collect protected wildlife, finfish, shellfish or their nests or eggs for scientific, education or propagating purposes.
§ 556 Use of fertility control on game birds and game animals.

Subchapter V Restricted Propagating and Shooting Preserves

§ 565 Territorial scope of subchapter.
§ 566 License to operate preserve; fee; term; renewal; regulations of Department.
§ 567 Prerequisites to issuance of license.
§ 568 Liberation of game and the killing thereof.
§ 569 Licensee’s duties to cooperate with and assist Department; records; marking or tagging game.
§ 570 Dogs; training and field trials on preserve.
§ 571 Game laws on restricted preserves; violations and penalties; arrest by owners.
§ 572 Sunday operations on commercial shooting preserves; definition.

Chapter 6 Endangered Species

§ 601 Importation of endangered species or hides, parts or articles made therefrom.
§ 602 Sale of skins, bodies or animals of certain species prohibited.
§ 603 Enforcement.
§ 604 Permits for importation of certain fish or wildlife.
§ 605 Penalty.

Chapter 7 Regulations and Prohibitions Concerning Game and Fish

Subchapter I General Provisions

§ 701 Game animals.
§ 702 Game birds.
§ 703 Open season for game.
§ 704 Prohibited hunting and trapping devices and methods; confiscation of devices; primitive weapon season.
§ 705 Visiting traps within 24-hour periods; killing of trapped animals.
§ 706 Damaging nest, den or lair of protected wildlife or trees, stumps or logs on another’s property.
§ 707 Hunting or shooting from motor vehicle, boats or farm machinery prohibited; penalty.
§ 708 Loaded firearms or projectile weapons prohibited in or on motor vehicles, motorboats or farm machinery.
§ 709 Hours for hunting; federal laws and regulations; prohibitions and exceptions.
§ 710 Use of silencer on firearm or airgun; penalty.
§ 711 Hunting with automatic-loading gun prohibited; penalty.
§ 712 Sunday hunting.
§ 713 Fire regulations; penalty.
§ 714 Trespassing; penalty.
§ 715 Possession of protected wildlife; prohibitions.
§ 716 Hunting, fishing or trapping without a license; penalties.
§ 717 Frightening or harassing migratory birds; penalties.
§ 718 Requiring wearing of hunter orange in the hunting of deer; violation and penalty.
§ 719 Discharge of firearms or projectile weapons on or near public roads and public rights-of-way; penalty.
§ 720 Conditional permits for disabled persons.
§ 721 Killer, body-gripping traps.
§ 722 Prohibition against use of lights; penalties.
§ 723 Hunting or trapping in safety zones; penalty.
§ 724 Wilful obstruction or impeding of lawful hunting, fishing or trapping activities.
§ 725 Falconry; permit; regulations; hunting.
§ 726 Interstate Wildlife Violator Compact.

Subchapter II Wild Birds Other Than Game Birds, Migratory Wild Fowl

§ 734 Prohibitions respecting wild birds other than game birds; birds not protected.
§ 735 Nests and eggs protected.
§ 736 State game refuges; wildlife refuges.
§ 737 Exception to application of §§ 734, 735 and 736 for holder of license for scientific purposes.
§ 738 Erection and removal of booby, brush or stake blinds.
§ 739 Prohibitions respecting bald eagles; disturbing, damaging or destroying nests; eggs; penalties.
§ 740 Crows.
§ 741 Snow geese.

Subchapter III Muskrats

§ 750 Placement of traps for muskrats.
§ 751 Muskrats driven from shelter by flood or freshet.
§ 752 Hunting muskrats with dog; penalty.
§ 753 Muskrat nailing; destroying or damaging muskrat house, den; penalties.
§ 754 Trespassing on property of another to kill muskrats; violations and penalties.
§ 755 Taking muskrat on public road or highway; penalties.
§ 756 Diving or box trap; penalty.
§ 757 Trapping muskrats or other fur-bearing animals adjacent to Broadkiln Creek without consent of landowner; penalty.
§ 758 Extension of muskrat open season.

Subchapter IV Rabbits

§ 767 Rabbit or hare hunting with ferret.
§ 768 Receipt of rabbits from without the State; penalties.
§ 769 License to sell rabbits received from another state.
§ 770 Identifying rabbits received from another state.
§ 771 Bill of lading to be shown on demand.

Subchapter V Terrapin

§ 781 Taking or destroying terrapin eggs; penalty.
§ 782 [Reserved.]
§ 783 Terrapin taken or caught in Indian River or Rehoboth Bay — Use of dredges to take terrapin; penalty.
§ 784 Terrapin raised in private ponds.

Subchapter VI Other Game and Fish

§ 786 Raccoon and opossum.
§ 787 Protection of deer; penalties.
§ 788 Exceptions to the prohibition against the killing of red fox.
§ 789 Sale or shipment of red fox or red fox hides; penalty.
§ 790 Digging out or killing female fox or her young whelps; penalty.
§ 791 Possession of red fox whelps.
§ 792 Legal limit on bullfrogs; penalty.
§ 793 Sale of bullfrogs.
§ 794 Deer accidentally killed by motor vehicle.
§ 795 Prohibition of sale or transportation of live skunks or raccoons.
§ 796 Limitations on harvesting gray fox.

Subchapter VII Woodchuck or Groundhog

§ 797 Woodchuck or groundhog not protected wildlife.
§ 798 Taking of woodchuck or groundhog.

Subchapter VIII Non-native Wildlife

§ 800 Definitions.
§ 801 Non-native wildlife; rules and regulations.
§ 802 Non-native wildlife injurious to native wildlife, agriculture, and other interests.

Chapter 9 Finfishing in Tidal Waters

§ 901 Purpose of chapter; policy of State; interstate fishery management plan; advisory committee.
§ 902 Application of chapter.
§ 903 Department of Natural Resources and Environmental Control; authority; permits; regulations [For application of this section, see 84 Del. Laws, c. 528, § 4].
§ 903A Striped bass quotas and tags.
§ 904 Advisory Council on Tidal Finfisheries; establishment; organization; authority.
§ 905 Procedures for promulgation of regulations; public hearing notice; submission to Council; approval [Repealed].
§ 906 Definitions.
§ 907 Equipment and methods used for fishing for game fish.
§ 908 Equipment and methods used for fishing for bait fish.
§ 909 Fishing for bait fish in tidal waters.
§ 910 Types of fishing equipment and methods used for fishing for food fish.
§ 911 Scientific permit; issuance; information; expiration; report; equipment marking and identification requirements.
§ 912 Sale, trade and/or barter of game fish.
§ 913 Sale, trade and/or barter of food fish.
§ 914 Commercial food fishing license; requirements and fees.
§ 915 Food fishing equipment permit; requirements, fees and restrictions.
§ 916 Finfisheries Development Fund.
§ 917 Areas restricted for using certain fishing equipment.
§ 918 Interfering with fishing equipment.
§ 919 Menhaden fishing; penalties.
§ 920 Marking requirement for fishing equipment; exception for minnow traps; removal of stakes, anchors and lines.
§ 921 Identification requirements for equipment.
§ 922 Length restrictions on certain nets.
§ 923 Gill nets; restrictions on use; seasons.
§ 924 Unattended fishing equipment.
§ 925 Fishing with explosives, chemicals, poisons and other devices; exception for Department and agents.
§ 926 Extracting oil or making fertilizer from food and game fish; penalty.
§ 927 Fishing with trawl nets, purse seines, run around gill nets; penalty; exceptions.
§ 928 Interstate transfer of finfish.
§ 928A Trade in shark fins; penalty.
§ 929 Size limits on finfish; exceptions [Subject to the provisions of 64 Del. Laws, c. 251, § 4].
§ 930 Striped bass spawning areas.
§ 931 Theft and attempted theft of fishing equipment or finfish from fishing equipment.
§ 932 Removal and inspection of fishing equipment by authorized personnel; confiscation and sale of illegally used equipment.
§ 933 Search of persons, boats, vessels and commercial facilities.
§ 934 Seizure and forfeiture of finfish.
§ 935 Sale of seized finfish.
§ 936 Enforcement; penalties; seizure and forfeiture of illegally used property; injunctions; false statements.
§ 937 Suspension or refusal to issue commercial finfishing license.
§ 938 Creel limits on finfish; exceptions.
§ 939 Fishing seasons; exception.
§ 940 Food fish dealer permits.
§ 941 Headboat/charter boat fishing permits; reporting requirements.
§ 942 Control of invasive finfish species, including for use as bait [For application of this section, see 84 Del. Laws, c. 528, § 4].
§ 943 Tagging striped bass.
§§ 944-957

Chapter 11 Finfishing in Nontidal Waters

Subchapter I General Provisions

§ 1101 Application of chapter.
§ 1102 Definitions.
§ 1103 Equipment and methods used for fishing for freshwater finfish.
§ 1104 Regulations promulgated by Department.
§ 1105 Sale and attempted sale of freshwater finfish.
§ 1106 Enforcement of chapter; violations.
§ 1107 Fee fishing operations; exemptions.
§ 1108 Live bait [For application of this section, see 84 Del. Laws, c. 528, § 4].
§§ 1109-1123

Subchapter II Fresh Water Trout Fishing

§ 1124 Issuance of special trout fishing stamp.
§ 1125 Sale of stamps; applications; price.
§ 1126 Stamp requirement and possession; exemptions from purchase of stamp.
§ 1127 Exception for owner or lessee of land traversed by trout-stocked waters.
§ 1128 Use of proceeds of sale of stamps.
§ 1129 Offenses; penalty.

Chapter 13 Enforcement of Game and Fish Laws

§ 1301 Arrest of violators without warrant by license holders.
§ 1302 Arrest of violators without warrant by freeholder, leaseholder or employee.
§ 1303 Confiscation and disposition of game and fish unlawfully taken.
§ 1304 Environmental misdemeanors, environmental violations, sentences and fines.
§ 1305 Violations by corporations; service; collection of fines.
§ 1306 Failure of officer or Fish and Wildlife Agent to do duty; penalty.
§ 1307 Report to Department.
§ 1308 Affidavit, complaint or indictment charging several offenses; proof.
§ 1309 Jurisdiction of justices of peace; appeal; bond.
§ 1310 Illegal possession of Atlantic sailfish, blue marlin, white marlin and striped marlin; penalties.
§ 1311 Fines payable by mail.
§ 1312 Wildlife Theft Prevention Special Fund.
§ 1313 Peace officers ex officio Fish and Wildlife Agents.

Chapter 15 Atlantic States Marine Fisheries Compact

§ 1501 Governor to enter into Compact; provisions thereof.
§ 1502 Atlantic States Marine Fisheries Commissioners; qualifications; term of office; vacancies; removal.
§ 1503 Powers of Commission and Commissioners; duties of other state officials.
§ 1504 Powers of Commission supplementary to powers vested by laws of other compacting states.
§ 1505 Receipts and disbursements of Commission; annual report; examination of accounts.

Chapter 17 Dogs

§ 1701 Field trials; permit.
§ 1702 Dogs on state coastal beaches.
§ 1703 License for special dog training area; requirements.
§ 1704 Stocking area; training therein; hunting and trapping.
§ 1705 Marking of boundary lines; posting of notice; penalty.
§ 1706 Injuring or destroying fence, wire or poster; penalty.
§ 1707 Training of dogs; unlawful to carry firearm or projectile weapon; penalty.
§ 1708 Penalties.
§§ 1709-1729 [Reserved.]
§§ 1730-1740 Seizure and impoundment of dangerous or potentially dangerous dogs; notification of dog owner; request for hearing; exceptions; hearing procedures; appeal; finding to declare a dog dangerous; duties of owner; finding to declare a dog potentially dangerous; duties of owner; liability of owner for costs of impoundment; rules and regulations; violations by owners of dangerous or potentially dangerous dogs; penalties; local ordinances.

Chapter 18 Eel Fishing

§ 1801 Definitions.
§ 1802 Commercial license requirements; restrictions.
§ 1803 Use of funds derived from sale of commercial licenses.
§ 1804 Reciprocity for commercial nonresident licenses.
§ 1805 Commercial license number.
§ 1806 Prohibited fishing devices and substances.
§ 1807 Illegal use or destruction of fishing gear.
§ 1808 Penalty.
§ 1809 Department of Natural Resources and Environmental Control; authority; regulations.
§ 1810 Temporary limits [Effective until fulfillment of requirements in the introductory paragraph of this section].
§ 1811 . Quota management system implementation.

Part II Shellfish

Chapter 19 General Provisions

§ 1901 Definitions.
§ 1902 Duties of Department; powers; making and enforcing regulations.
§ 1903 Filing of regulations.
§ 1904 Unlawful taking of shellfish.
§ 1905 Leases.
§ 1906 Size and advertising of shellfish grounds; application for lease.
§ 1907 Fees for lease.
§ 1908 Term of leases.
§ 1909 Actions subsequent to granting of lease.
§ 1910 Monthly report; failure to submit.
§ 1911 Removal of shellfish; presumptions.
§ 1912 Penalties.
§ 1913 Inspection and seizure.
§ 1914 Disposition of evidence.
§ 1915 Licensees with disabilities.
§ 1916 Expiration of licenses and permits.
§ 1917 Reciprocity for commercial nonresident licenses.
§ 1918 Limited entry and transfer of commercial crabbing licenses.
§ 1919 Prohibition against the selling of both licenses and the privilege of being designated a designee; penalties [Repealed].
§ 1920 Apprenticeships.

Chapter 20 General Provisions

§ 2001 Definitions.
§ 2002 Duties of Department; powers; making and enforcing regulations.
§ 2003 Filing of regulations.
§ 2004 Unlawful taking of shellfish on areas leased for aquaculture purposes.
§ 2005 Leases.
§ 2006 Size and advertising of shellfish grounds; application for lease.
§ 2007 Fees for lease.
§ 2008 Term of leases.
§ 2009 Harvester licenses.
§ 2010 Reports; failure to submit.
§ 2011 Unlawful removal of shellfish or tampering with shellfish aquaculture equipment; presumptions, illegal harvesting gear.
§ 2012 Penalties.
§ 2013 Inspection and seizure.
§ 2014 Expiration of licenses and permits.
§ 2015 Reciprocity for nonresident leases and licenses.

Chapter 21 Oysters

§ 2101 Oyster harvesting license.
§ 2102 Natural oyster beds.
§ 2103 Eligibility to harvest oyster for direct sale.
§ 2104 Oyster harvesting methods.
§ 2105 Oyster harvest fees and tags.
§ 2106 Authority.
§ 2107 Oyster Recovery Fund.
§ 2108 Importation of oysters prohibited.
§ 2109 Oyster harvesting from private leased beds.

Chapter 23 Blue Crabs (Callinectes Sapidus)

§ 2301 Minimum size.
§ 2302 Female blue crabs bearing eggs.
§ 2303 Commercial crab pot or trotline license.
§ 2304 Area permitted for commercial crabbing.
§ 2305 Seasons; limits.
§ 2306 Marking of commercial crab pots, trotlines, and vessels; penalties.
§ 2307 Crab dredger’s license; fees.
§ 2308 Area where dredging permitted; method of taking; crabs taken by oysterers or clammers.
§ 2309 Unloading locations.
§ 2310 Noncommercial crabbing; daily limits.
§ 2311 Crab pot and trotline attendance; abandonment; confiscation; forfeiture.
§ 2312 Vessels used by commercial crab dredgers in Delaware waters.

Chapter 24 Hard Clams (Mercenaria Mercenaria)

§ 2401 Minimum size.
§ 2402 Commercial clam tong/rake license.
§ 2403 Area permitted; method of taking under clam tong/rake license.
§ 2404 Commercial dredge clam license.
§ 2405 Commercial dredge clam license — Area permitted; method of taking under commercial dredge clam license.
§ 2406 Seasons; limits.
§ 2407 Unloading locations.
§ 2408 Noncommercial clamming permit.
§ 2409 Recreational clamming.

Chapter 25 American Lobsters (Homarus Americanus)

§ 2501 Size limit.
§ 2502 Female lobsters bearing eggs.
§ 2503 Landing of dismembered lobsters.
§ 2504 Commercial lobster pot license.
§ 2505 Area permitted; method of taking.
§ 2506 Marking of commercial lobster pots and vessels.
§ 2507 Seasons; limits.
§ 2508 Noncommercial lobstering.
§ 2509 Unloading locations.

Chapter 26 Surf Clams (Spisula Solidissima)

§ 2601 Commercial surf clam license.
§ 2602 Seasons.
§ 2603 Minimum size.
§ 2604 Permitted harvesting areas.
§ 2605 Penalty.

Chapter 27 Horseshoe Crabs (Limulus Polyphemus)

§ 2701 Authority of the Department.
§ 2702 Scientific collecting permit.
§ 2703 Dredging.
§ 2704 Collecting permits for other than scientific purposes.
§ 2705 Penalties.

Chapter 28 Conchs (Whelks) Busycon Canaliculatum and B. Carica

§ 2801 Definitions.
§ 2802 Commercial conch pot license; fees; exemptions.
§ 2803 Commercial conch dredge license; fees; exceptions.
§ 2804 Minimum size.
§ 2805 Areas closed for commercial conch potting or dredging.
§ 2806 Seasons closed for commercial conch potting or dredging.
§ 2807 Marking of conch pots.
§ 2808 Conch pot attendance; abandonment; confiscation; forfeiture.

Part III Transfers

Chapter 29 Transfer of Finfish, Eel Fishing and Shellfish Permits and Licenses

§ 2901 Applicability.
§ 2902 Transfers of permits and licenses.
§ 2903 Eligibility.
§ 2904 Death, incapacity and disability.
§ 2905 Notification and transfer or assignment.
§ 2906 Savings.

Chapter 30 Urban and Community Forestry Program [Repealed].

§§ 3001-3008 Findings and policy; definitions; powers and duties; Community Forestry Council; duties of Forestry Administrator; development, distribution of comprehensive community forestry plan; approval; annual report on the status of Delaware Urban and Community Forestry Program; rules, regulations [Repealed].

Part IV Agricultural and Soil Conservation; Drainage and Reclamation of Lowlands

Chapter 37 Agricultural Conservation and Adjustment

§ 3701 Purpose of chapter; limitations.
§ 3702 Definitions.
§ 3703 Designation of state agency.
§ 3704 Formulation and administration of state conservation plans.
§ 3705 Receipt and disbursement of funds.
§ 3706 Additional powers and duties of the University.
§ 3707 Agricultural communities.
§ 3708 Organization of producers and committees.
§ 3709 State Advisory Board; selection; qualifications; functions.
§ 3710 Reports.

Chapter 38 Giant Reed Grass Control

§ 3801 Declared public and common nuisance.
§ 3802 Department of Natural Resources and Environmental Control; investigations; rules and regulations; programs of control; acceptance of grants.
§ 3803 Agreements relating to eradication.

Chapter 39 Soil and Water Conservation Districts

Subchapter I General Provisions

§ 3901 Declaration of policy.
§ 3902 Definitions.
§ 3903 Conservation districts.
§ 3904 Advisor to Department.
§ 3905 General powers and duties of Department.
§ 3906 Boards of district supervisors; composition; term.
§ 3907 Organization of board; quorum; expenses of district supervisors.
§ 3908 Soil and water conservation district; governmental subdivision; powers.
§ 3909 Cooperation.
§ 3910 Primary jurisdiction of Secretary and the Department of Natural Resources and Environmental Control.
§ 3911 Appeals.

Subchapter II State and County Appropriations to Districts

§ 3921 Annual appropriations to Division of Watershed Stewardship of Department of Natural Resources and Environmental Control.
§ 3922 Appropriations by the several county governments.
§ 3923 Use of appropriated money in Sussex, Kent and New Castle Counties.
§ 3925 Transfer of funds prohibited.

Chapter 40 Erosion and Sedimentation Control

§ 4001 Legislative findings and statement of policy.
§ 4002 Definitions.
§ 4003 Duties of persons engaged in land disturbing activities.
§ 4003A Runoff Control near Mill Creek, Little Mill, Red Clay, White Clay Creek, Persimmon Creek and Shellpot Creek.
§ 4004 Applicability.
§ 4005 Program funding and financial assistance [For application of this section, see 85 Del. Laws, c. 42, § 10].
§ 4006 State management program.
§ 4007 Local sediment and stormwater programs.
§ 4008 Interim program.
§ 4009 Failure of conservation districts, counties, municipalities or state agencies to implement delegated program elements.
§ 4010 State and federal projects.
§ 4011 Designated watersheds or subwatersheds.
§ 4012 Construction review and enforcement.
§ 4013 Approval of certified construction reviewers.
§ 4014 Training of responsible personnel.
§ 4015 Penalties.
§ 4016 Injunctions.
§ 4017 Redevelopment criteria.

Chapter 41 Drainage of Lands and Management of Waters; Tax Ditches

Subchapter I General Provisions

§ 4101 Declaration of policy.
§ 4102 Purpose.
§ 4103 Definitions.
§ 4104 Application; effect on previously established drainage organizations and on earlier drainage laws.
§ 4105 Limitation of easement or right-of-way.

Subchapter II Boards of Ditch Commissioners

§ 4106 Ditch commissioners; membership; qualifications; term; vacancies; secretary.
§ 4107 Disqualification of members.
§ 4108 Chairperson; quorum; voting.
§ 4109 Compensation; expenses and reimbursement.
§ 4110 Employment of qualified personnel.
§ 4111 Employment of personnel; purchase of supplies and equipment.

Subchapter III Formation of Tax Ditch; Procedure

§ 4116 Nature of a tax ditch.
§ 4117 Petition for formation of a tax ditch; assistance of Division of Watershed Stewardship.
§ 4118 Form of petition.
§ 4119 Name of tax ditch.
§ 4120 Deposit upon filing of petitions for tax ditch.
§ 4121 Duties of county soil conservation district upon receipt of petition.
§ 4122 Investigation; hearing.
§ 4123 Report of investigation by Division of Watershed Stewardship.
§ 4124 Determination by county soil conservation district.
§ 4125 Filing of petition and report; action by district when formation is found to be not practicable and feasible.
§ 4126 Determinations to be made by board of ditch commissioners.
§ 4127 Existing works of improvement; compensation for work done thereon.
§ 4128 Factors in determination of cost.
§ 4129 Assessment list.
§ 4130 Proposed report of board of ditch commissioners.
§ 4131 Notice of hearing on establishment of tax ditch.
§ 4132 Hearing; adoption of proposed report; right to adjourn hearing; referendum.
§ 4133 Contents of report; filing.
§ 4134 Signing of commissioners’ report; dissent.
§ 4135 Waiving of commissioners’ hearing and referendum.
§ 4136 Action by Superior Court; notice of final hearing.
§ 4137 Final hearing; ditch order.
§ 4138 Right to jury trial; procedure.
§ 4139 Defense of contested ditch orders; Attorney General.
§ 4140 Notice of final action on ditch order.
§ 4141 Permanent court record.
§ 4142 Employment of private engineer by landowners.
§ 4143 Exclusive procedure for determination of damages.

Subchapter IV Powers of Tax Ditch

§ 4151 Meeting to organize tax ditch; notice.
§ 4152 Distribution of ditch order and this chapter; filing of assessment list.
§ 4153 Representation at meeting.
§ 4154 Voting rights.
§ 4155 Voting by proxy.
§ 4156 Election of ditch managers and a secretary-treasurer; terms of office; vacancies.
§ 4157 Chairperson of ditch managers; duties.
§ 4158 Compensation of ditch managers and secretary-treasurer.
§ 4159 Annual and other meetings of taxables; notice of meetings.
§ 4160 Meetings of ditch managers; quorum.
§ 4161 Powers of a tax ditch.
§ 4162 Duties of ditch managers.
§ 4163 Duties of secretary-treasurer of tax ditch.
§ 4164 Bond of secretary-treasurer.
§ 4165 Failure of ditch officer to perform duties; remedy; removal.
§ 4166 Signatures on instruments issued by tax ditch.
§ 4167 Liability of tax ditch officers.
§ 4168 Limitation on borrowing power of tax ditch.

Subchapter V Taxation

§ 4171 Duties of board of assessment; assessment book; assistance by Division of Watershed Stewardship.
§ 4172 Method of determining tax.
§ 4173 Warrants by ditch companies for collection of taxes.
§ 4174 Warrants by tax ditches for collection of taxes.
§ 4175 Collection and disposition of taxes levied by ditch company.
§ 4176 Duties of receiver of taxes and county treasurer.
§ 4177 Installment payment of taxes for construction; lien; amount of first installment.
§ 4178 Taxes as security for loans; notation on tax warrant.
§ 4179 Special tax.
§ 4180 Lien of taxes; enforcement.
§ 4181 Adjustment of maintenance tax.
§ 4182 Limitation on liability of landowner for taxes.

Subchapter VI General Provisions

§ 4185 Payment of damages and compensation.
§ 4186 Obstruction of or damage to tax ditch; civil and criminal liability.
§ 4187 Right of entry upon lands.
§ 4188 Addition of territory to a tax ditch.
§ 4189 Alteration of tax ditches; amendments to ditch orders.
§ 4190 Bridges and culverts.
§ 4191 Ditches near highways.
§ 4192 Dissolution of tax ditch.
§ 4193 Ditches in Kent County; transfer by Department of Transportation to tax ditch.
§ 4194 Appropriations to Department of Natural Resources and Environmental Control.
§ 4195 Notice of right-of-way, or assessment.

Chapter 42 Dam Safety

§ 4201 Purpose.
§ 4202 Definitions.
§ 4203 Application.
§ 4204 Construction of dams.
§ 4205 Repair, alteration, or removal of dams.
§ 4206 Actions by the Department upon applications.
§ 4207 Fees.
§ 4208 Rules.
§ 4209 Supervision by qualified engineers; reports and modifications during work.
§ 4210 Notice of completion; certification of final approval.
§ 4211 Operation and maintenance of dams.
§ 4212 Inspection of dams.
§ 4213 Appeals.
§ 4214 Investigations by the Department.
§ 4215 Liability for damages.
§ 4216 Enforcement procedures.
§ 4217 Rights of investigation, entry, access, inspection and protective action.

Chapter 43 Dredging and Management of Lagoons

Subchapter I General Provisions

§ 4301 Declaration of policy.
§ 4302 Purpose.
§ 4303 Definitions.

Subchapter II Boards of Lagoon Management Commissioners

§ 4304 Lagoon management commissioners; membership; qualifications; term; vacancies; secretary.
§ 4305 Disqualification of members.
§ 4306 Chairperson; quorum; voting.
§ 4307 Compensation; expenses and reimbursement.
§ 4308 Employment of qualified personnel.
§ 4309 Employment of personnel; purchase of supplies and equipment.

Subchapter III Formation of Tax Lagoon; Procedure

§ 4310 Nature of a tax lagoon.
§ 4311 Petition for formation of a tax lagoon; assistance by Division of Watershed Stewardship.
§ 4312 Form of petition.
§ 4313 Name of tax lagoon.
§ 4314 Deposit upon filing of petitions for tax lagoon.
§ 4315 Duties of the Division of Watershed Stewardship upon receipt of petition.
§ 4316 Investigation; hearing.
§ 4317 Filing of petition and report; action by district when formation is found to be not practicable and feasible.
§ 4318 Determinations to be made by board of lagoon management commissioners.
§ 4319 Existing works of improvement; compensation for work done thereon.
§ 4320 Factors in determination of cost.
§ 4321 Assessment list.
§ 4322 Proposed report of board of lagoon management commissioners.
§ 4323 Notice of hearing on establishment of tax lagoon.
§ 4324 Hearing; adoption of proposed report; right to adjourn hearing; referendum.
§ 4325 Contents of report; filing.
§ 4326 Signing of lagoon management commissioners’ report; dissent.
§ 4327 Waiving of lagoon management commissioners’ hearing and referendum.
§ 4328 Action by Superior Court; notice of final hearing.
§ 4329 Final hearing; lagoon order.
§ 4330 Right to jury trial; procedure.
§ 4331 Defense of contested lagoon orders; Attorney General.
§ 4332 Notice of final action on lagoon order.
§ 4333 Permanent court record.
§ 4334 Employment of private engineer by landowners.
§ 4335 Exclusive procedure for determination of damages.

Subchapter IV Powers of Tax Lagoon

§ 4341 Meeting to organize tax lagoon; notice.
§ 4342 Distribution of lagoon order and this chapter; filing of assessment list.
§ 4343 Voting rights.
§ 4344 Voting by proxy.
§ 4345 Election of lagoon managers and a secretary-treasurer; terms of office; vacancies.
§ 4346 Chairperson of lagoon managers; duties.
§ 4347 Compensation of lagoon managers and secretary-treasurer.
§ 4348 Annual and other meetings of taxables; notice of meetings.
§ 4349 Meetings of lagoon managers; quorum.
§ 4350 Powers of a tax lagoon.
§ 4351 Duties of lagoon managers.
§ 4352 Duties of secretary-treasurer of tax lagoon.
§ 4353 Bond of secretary-treasurer.
§ 4354 Failure of lagoon officer to perform duties; remedy; removal.
§ 4355 Signatures on instruments issued by tax lagoon.
§ 4356 Liability of tax lagoon officers.
§ 4357 Limitation on borrowing power of tax lagoon.

Subchapter V Taxation

§ 4361 Duties of board of assessment; assessment book; assistance by Division of Watershed Stewardship.
§ 4362 Method of determining tax.
§ 4363 Warrants by tax lagoons for collection of taxes.
§ 4364 Warrants by tax lagoons for collection of taxes — Duties of receiver of taxes and county treasurer.
§ 4365 Installment payment of taxes for construction; lien; amount of first installment.
§ 4366 Taxes as security for loans; notation on tax warrant.
§ 4367 Special tax.
§ 4368 Lien of taxes; enforcement.
§ 4369 Adjustment of maintenance tax.
§ 4370 Limitation on liability of landowner for taxes.

Subchapter VI General Provisions

§ 4381 Payment of damages and compensation.
§ 4382 Obstruction of or damage to tax lagoon; civil and criminal liability.
§ 4383 Right of entry upon lands.
§ 4384 Addition of territory to a tax lagoon.
§ 4385 Alteration of tax lagoons; amendments to lagoon orders.
§ 4386 Lagoons near highways.
§ 4387 Dissolution of tax lagoon.
§ 4388 Appropriations to Department of Natural Resources and Environmental Control.
§ 4389 Notice of right-of-way, or assessment.

Chapter 44 Flood Mitigation Standards

§ 4401 Purpose.
§ 4402 Definitions.
§ 4403 Rules.
§ 4404 Review of standards.

Part V Public Lands, Parks and Memorials

Chapter 45 Public Lands

§ 4501 Land warrants.
§ 4502 Cessions of public land to United States.
§ 4503 Location and payment for grants of public lands.
§ 4504 Supervision and control of public lands by Department of Natural Resources and Environmental Control; public beaches; penalty.
§ 4505 Survey of public lands.
§ 4506 Sale of public lands and products.
§ 4507 Delivery of deeds; restrictions therein.
§ 4508 Forfeiture of public lands to State.
§ 4509 Improvement of public lands.
§ 4510 Lease of public lands; forfeiture of lease.
§ 4511 Lease of mineral rights in public lands; utility rights.
§ 4512 Rent from lease of public lands.
§ 4513 Prohibitions against leasing of oyster beds.
§ 4514 Highways through public lands.
§ 4515 Credit of moneys for Department of Natural Resources and Environmental Control.
§ 4516 Public money expended for roads.
§ 4517 Power of Department of Natural Resources and Environmental Control.
§ 4518 Sale of public lands.
§ 4519 Title or interest in public lands obtainable only by deed, conveyance or written instrument.
§ 4520 Liability for costs and expenses incurred by State in defeating claims to public lands.
§ 4521 Zoning and use.
§ 4522 Resident curatorship agreements
§ 4523 Warner Grant Trust Lands.

Chapter 47 State Parks

Subchapter I General Provisions

§ 4701 Powers and duties [For applicability of this section, see 83 Del. Laws, c. 182, § 2].
§ 4702 Violations of rules and regulations; penalties.
§ 4703 Fort Delaware State Park.
§ 4704 Trap Pond Project.
§ 4705 Licensing agents; service charge; regulations.
§ 4706 Zoning and use.

Subchapter II The Fort DuPont Redevelopment and Preservation Act

§ 4730 Short title.
§ 4731 Declaration of purpose.
§ 4732 Definitions.
§ 4733 Fort DuPont Redevelopment and Preservation Corporation.
§ 4734 Subcommittees.
§ 4735 Powers of the Corporation.
§ 4736 Powers and duties of executive director; deputy executive director.
§ 4737 Initial duties of Corporation.
§ 4738 Continuing duties of Corporation.
§ 4739 Open meetings and public records.
§ 4740 Liberal construction of subchapter.

Chapter 49 Maintenance and Construction of Memorials in the Town of Lewes

§ 4901 Properties under jurisdiction of Department of State.
§ 4902 Memorial to sailors.
§ 4903 Funds and appropriations; expenditures.

Chapter 51 Unknown Sailors’ Cemetery

§ 5101 Memorial cemetery.
§ 5102 Agency in charge of cemetery; powers.

Part VI Archaeological and Geological Resources

Chapter 53 Archaeological Resources in the State

Subchapter I General Provisions

§ 5301 Duties of the Department of State.
§ 5302 Rules, regulations and guidelines.

Subchapter II Archaeological Resources in or on State Lands

§ 5303 Purposes.
§ 5304 Definitions.
§ 5305 Authority to enhance, preserve and protect archaeological resources.
§ 5306 Jurisdiction and inter-agency cooperation.
§ 5307 Restriction or closure of public access.
§ 5308 Permit required.
§ 5309 Permit application.
§ 5310 Qualified repositories.
§ 5311 Repository of artifacts or material remains.
§ 5312 Prohibited acts, criminal and civil penalties.
§ 5313 Exemptions.
§ 5314 Confidentiality.
§ 5315 Cooperation with private individuals.
§ 5316 Shipwreck Management Program.

Chapter 54 Unmarked Human Burials and Human Skeletal Remains

§ 5401 Purpose.
§ 5402 Definitions.
§ 5403 Avoidance, protection, and preservation of remains.
§ 5404 Discovery of remains and notification of authorities.
§ 5405 Jurisdiction over remains.
§ 5406 Archaeological investigation of human skeletal remains.
§ 5407 Consultation, analysis, and disposition.
§ 5408 Prohibited acts.
§ 5409 Exceptions.
§ 5410 Criminal penalties.
§ 5411 Rules, regulations, standards, and guidelines.

Chapter 55 Geological Survey

§ 5501 Delaware Geological Survey; purposes.
§ 5502 Management of Delaware Geological Survey.
§ 5503 Superintendent; appointment; qualifications; compensation.
§ 5504 Assistants and employees.
§ 5505 Responsibilities and duties of State Geologist.

Chapter 57 Disaster Relief and Assistance

§ 5701 Declaration of policy and intent.
§ 5702 Authority of Governor or designated representative to act for State.
§ 5703 Costs and expense; fund to be charged.
§ 5704 Powers of Governor and Secretary of State.

Chapter 59 Public Recreation on Private Lands

§ 5901 Purpose.
§ 5902 Definitions.
§ 5903 Limitation on duty of owner.
§ 5904 Use of land without charge; limits of liability.
§ 5905 Written waivers.
§ 5906 Limitations on exemption from liability.
§ 5907 Exemptions.

Part VII Natural Resources

Chapter 60 Environmental Control

Subchapter I General Provisions

§ 6001 Findings, policy and purpose.

Subchapter II Powers and Duties of Secretary and Department

§ 6002 Definitions.
§ 6003 Permit — Required.
§ 6004 Permit — Application; hearing; extension.
§ 6005 Enforcement; civil and administrative penalties; expenses.
§ 6006 Public hearings.
§ 6007 Establishment of Environmental Appeals Board.
§ 6008 Appeals to Board.
§ 6009 Appeal from the Board’s decision.
§ 6010 Rules and regulations; plans.
§ 6011 Variance.
§ 6012 Temporary emergency variances.
§ 6013 Criminal penalties.
§ 6014 Regulatory and compliance information, facility performance and public information.
§ 6015 Interference with Department personnel.
§ 6016 Departmental investigations; witnesses; oaths; attendance.
§ 6017 Sealing noncomplying equipment.
§ 6018 Cease and desist order.
§ 6019 Voluntary compliance.
§ 6020 Liberal construction.
§ 6021 Federal aid; other funds.
§ 6022 Temporary limits and procedures for hazardous operations.
§ 6023 Licensing of water well contractors, pump installer contractors, drillers, drivers, pump installers, septic tank installers, liquid waste treatment plant operators and liquid waste haulers.
§ 6024 Right of entry.
§ 6025 Solid waste.
§ 6026 License fees [For application of this section, see 85 Del. Laws, c. 42, § 10].
§ 6027 Change of authority.
§ 6028 Report of discharge of pollutant or air contaminant.
§ 6029 Limitations on scope of chapter.
§ 6030 Approval of water use.
§ 6031 Obligation of recipients of water allocations.
§ 6032 Licensing of site evaluators, percolation testers and on-site system designers and contractors.
§ 6033 Pretreatment program.
§ 6034 Sewage system cleansers and additives.
§ 6035 Vessel sewage discharge.
§ 6036 Projects of state significance.
§ 6037 Obligation of persons who contaminate drinking water supplies.
§ 6037B Recreational water.
§ 6038 Borrow pits.
§ 6039 Debris disposal area remediation.
§ 6040 Requirement for scrap tire piles; enforcement.
§ 6041 Scrap Tire Management Fund.
§ 6042 Civil and administrative penalties; Community Environmental Project Fund.

Subchapter II-A Regional Greenhouse Gas Initiative and CO2 Emission Trading Program

§ 6043 Findings, purpose, and definitions [Effective until July 16, 2028].
§ 6043 Findings, purpose, and definitions [Effective July 16, 2028].
§ 6044 Regional Greenhouse Gas Initiative.
§ 6045 Auction of allowances.
§ 6046 Auction revenue [Effective until July 16, 2028].
§ 6046 Auction revenue [Effective July 16, 2028].
§ 6047 Federal preemption.

Subchapter III Solid Waste Recycling

§ 6051 Findings; intent.
§ 6052 Definitions.
§ 6053 Universal recycling.
§ 6054 Delaware Recycling Fund.
§ 6055 Recycling Grants and Low Interest Loan Program.
§ 6056 Adopting diversion goals and reporting requirements.
§ 6057 Beverage containers — Findings, intent, prohibitions.
§ 6058 Establishment, composition and responsibility of the Recycling Public Advisory Council.
§ 6059 Enforcement, civil and administrative penalties.

Subchapter IV Ocean Dumping

§ 6070 Title.
§ 6071 Purpose.
§ 6072 Definitions.
§ 6073 Prevention.
§ 6074 Penalties.

Subchapter V Water Utilities

§ 6075 Nonutility wells and permits for nonutility wells within a service territory served by a water utility under a certificate of public convenience and necessity.
§ 6076 Transfer of jurisdiction for certificates of public convenience and necessity for water utilities to the Public Service Commission.
§§ 6077-6080 Issuance of certificate; limitations; powers of the Public Service Commission with respect to water utilities; public hearings; rules for conduct; application fee [Repealed].

Subchapter VI Source Water Protection

§ 6081 Reporting on source water protection.
§ 6082 Adoption of source water assessment, wellhead protection, and excellent ground-water recharge potential areas by counties and municipalities.
§ 6083 Adoption of source water assessment, wellhead protection and excellent ground-water recharge potential areas by the Governor’s Cabinet Committee on State Planning Issues.
§ 6084 Source Water Protection Citizen and Technical Advisory Committee.

Subchapter VII Labeling of Plastic Products

§ 6090 Findings; intent.
§ 6091 Definitions.
§ 6092 Labeling.
§ 6093 Penalty; enforcement.

Subchapter VIII Clean Air Act Title V Operating Permit Program

§ 6095 Applicability.
§ 6096 Title V account.
§ 6097 Fees [Effective until Dec. 31, 2026].
§ 6097 Fees [Effective Jan. 1, 2027].
§ 6098 Application shield.
§ 6099 Title V Operating Permit Program Advisory Committee [Effective until Dec. 31, 2026].
§ 6099 Title V Operating Permit Program Advisory Committee [Effective Jan. 1, 2027].

Subchapter IX Recycling and Waste Reduction

§ 6099A At-store recycling program.

Chapter 61 Minerals in Submerged Lands

§ 6101 Definitions.
§ 6102 Jurisdiction to lease.
§ 6103 Surveys.
§ 6104 Permits for surveys.
§ 6105 Filing of records of drilling; confidential nature of records.
§ 6106 Unlawful disclosure of information; penalties; jurisdiction of offenses.
§ 6107 Public hearings; notice.
§ 6108 Determination of whether lease is in the public interest.
§ 6109 Maximum area.
§ 6110 Form of lease or permit.
§ 6111 Exclusive right to drill and remove minerals.
§ 6112 Royalty.
§ 6113 Lien on production.
§ 6114 Rental for leased land.
§ 6115 Bonds.
§ 6116 Cessation of production.
§ 6117 Slant and adjacent drilling.
§ 6118 Restoration of visible lands to original condition.
§ 6119 Pollution and contamination prohibited.
§ 6120 Extension of lease where permits required.
§ 6121 Commencing of operations for drilling.
§ 6122 Nonconflicting uses.
§ 6123 Assignability of lease.
§ 6124 Protection against drainage.
§ 6125 Surrender by lessee.
§ 6126 Cancellation of lease; judicial proceedings.
§ 6127 Lease shall conform to all laws, rules and regulations.
§ 6128 Notice of offer to lease; bid award; fee.
§ 6129 Execution of lease.
§ 6130 Proceeds to General Fund.
§ 6131 Discriminatory bidding requirements prohibited.
§ 6132 Retention or protection of fill.
§ 6133 Interest leaseable.
§ 6134 Joint exploration.
§ 6135 Sulphur.
§ 6136 Jurisdiction over matters affecting health and safety.
§ 6137 No permit or lease to violators of this chapter.
§ 6138 Rules, regulations, orders.
§ 6139 Federal approval.
§ 6140 Delegation of authority.
§ 6141 Existing rights.
§ 6142 Violations; enforcement; civil and criminal penalties.
§ 6143 Cease and desist order.

Chapter 62 Oil Pollution Liability

§ 6201 Findings; purpose.
§ 6202 Definitions.
§ 6203 Pollution of waters and lands prohibited.
§ 6204 Removal of illegal discharge.
§ 6205 Enforcement.
§ 6206 Service of process on owners or operators of vessels or facilities who are nonresidents or corporations not incorporated in Delaware.
§ 6207 Damages; claimants.
§ 6208 Liability.
§ 6209 Financial responsibility.
§ 6210 Notification; designation; advertisement.
§ 6211 Claims settlement.
§ 6212 Adjudication by Secretary.
§ 6213 Appeal to Board.
§ 6214 Appeal from Board.
§ 6215 Subrogation.
§ 6216 Rules and regulations.

Chapter 63 Hazardous Waste Management

Subchapter I Hazardous Waste

§ 6301 Findings; purpose.
§ 6302 Definitions.
§ 6303 Hazardous waste management plan.
§ 6304 Prohibitions; records.
§ 6305 Regulations [For application of this section, see 85 Del. Laws, c. 42, § 10].
§ 6306 Generation and transportation of hazardous waste.
§ 6307 Hazardous waste treatment, disposal and storage facilities and sites.
§ 6308 Imminent hazards.
§ 6309 Enforcement.

Subchapter II Miscellaneous Provisions

§ 6310 Inspections; right of entry.
§ 6311 Service of process on owners or operators who are nonresidents or corporations not incorporated in Delaware.
§ 6312 Public hearings.
§ 6313 Appeals.
§ 6314 Variances.
§ 6315 Interference with Department personnel.
§ 6316 Funds; charges.
§ 6317 Interstate cooperation.
§ 6318 Direct action against guarantor.
§ 6319 Waste-end assessments for persons generating, storing, treating and disposing of hazardous wastes [For application of this section, see 85 Del. Laws, c. 42, § 10].

Chapter 64 Delaware Solid Waste Authority

Subchapter I General Provisions

§ 6401 Findings; policy; purpose.
§ 6402 Definitions.
§ 6403 Establishment, composition, etc., of Authority.
§ 6404 Functions of Authority.
§ 6405 Manager and staff.
§ 6406 Powers of Authority.
§ 6407 Funds and transfers of interests.
§ 6408 Private contractors.
§ 6409 Covenant with bondholders.
§ 6410 Securities investments.
§ 6411 Tax status.
§ 6412 Judicial review.
§ 6413 No pledge of credit; exception.
§ 6414 Local cooperation.
§ 6415 Depositaries.
§ 6416 Reports and audits.
§ 6417 Sanctions.
§ 6418 Bonds of Authority.
§ 6419 Remedies of bondholders.
§ 6420 Contracts.
§ 6421 Public bodies to pay service charges.
§ 6422 Powers respecting garbage and solid wastes disposal limited after creation of Authority; use of services.
§ 6423 Construction of chapter.
§ 6424 Cooperation with United States.
§ 6425 Conflict of interest.
§ 6426 Indemnification of directors.
§ 6427 Industrial solid waste.
§ 6428 Deposit of solid waste generated outside State prohibited.
§ 6429 Material and energy recovery facility for Kent County and Sussex County.
§ 6430 Collection and transportation of infectious waste.
§ 6431 Infectious waste disposal.
§ 6432 Environmental study to be conducted before site selection and construction of any proposed resource recovery facility or any proposed waste incinerator; copies to be filed with the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives.

Subchapter II Recycling and Waste Reduction

§ 6450 Findings; policy; purpose.
§ 6451 Definitions.
§ 6452 Statewide recycling and waste reduction plan.
§ 6453 Recyclable materials.
§ 6454 Recycling centers.
§ 6455 Public education and promotion of recycling, composting and other waste reduction programs.
§ 6456 Registration of recycling and resource recovery facilities.
§ 6457 Funding.
§ 6458 Marketing of recyclable materials.
§ 6459 Annual report.
§ 6460 Energy resource recovery study — Kent and Sussex Counties.

Chapter 65 Delaware River Basin Compact

Subchapter I Delaware River Basin Compact

§ 6501 Delaware River Basin Compact.

Subchapter II Effectuation

§ 6511 Compact; actions by Governor.

Chapter 66 Wetlands Stewardship [For application of this chapter, see 85 Del. Laws, c. 351, § 4]

§ 6601 Short title [For application of this section, see 85 Del. Laws, c. 351, § 4].
§ 6602 Purpose [For application of this section, see 85 Del. Laws, c. 351, § 4].
§ 6603 Definitions [For application of this section, see 85 Del. Laws, c. 351, § 4].
§ 6604 Permit required [For application of this section, see 85 Del. Laws, c. 351, § 4].
§ 6605 Preexisting use [For application of this section, see 85 Del. Laws, c. 351, § 4].
§ 6606 Exemptions [For application of this section, see 85 Del. Laws, c. 351, § 4].
§ 6607 Procedures; regulations; application fees [For application of this section, see 85 Del. Laws, c. 351, § 4].
§ 6608 Permit applications [For application of this section, see 85 Del. Laws, c. 351, § 4].
§ 6609 Public hearings [For application of this section, see 85 Del. Laws, c. 351, § 4].
§ 6610 Appeal to Board [For application of this section, see 85 Del. Laws, c. 351, § 4].
§ 6612 Appeal from Board’s decision [For application of this section, see 85 Del. Laws, c. 351, § 4].
§ 6613 Taking without just compensation [For application of this section, see 85 Del. Laws, c. 351, § 4].
§ 6614 Cease and desist orders [For application of this section, see 85 Del. Laws, c. 351, § 4].
§ 6615 Injunction : [For application of this section, see 85 Del. Laws, c. 351, § 4].
§ 6616 Right of entry [For application of this section, see 85 Del. Laws, c. 351, § 4].
§ 6617 Penalties [For application of this section, see 85 Del. Laws, c. 351, § 4].
§ 6618 Inconsistent laws superseded; all other laws unimpaired [For application of this section, see 85 Del. Laws, c. 351, § 4].
§ 6619 Liberal construction [For application of this section, see 85 Del. Laws, c. 351, § 4].
§ 6620 Federal aid; other funds [For application of this section, see 85 Del. Laws, c. 351, § 4].
§ 6621 Creation of the Wetlands Regulatory Advisory Committee.
§ 6622 Promulgation of initial regulations.

Chapter 66A Nontidal Wetland Standards [Repealed]

§ 6601A Purpose [Repealed].
§ 6602A Definitions [Repealed].
§ 6603A Wetlands Advisory Committee [Repealed].

Chapter 67 Motor Vehicle Emissions

§ 6701 Emission standards required for inspection.
§ 6702 Violations.
§ 6703 Standards for vehicle emissions.
§ 6704 Applications of standards.
§ 6705 Application consistent with federal law.
§ 6706 Standards attainable by properly functioning vehicles.
§ 6707 Formulation of rules and regulations.
§ 6708 Implementation; Department’s standards.
§ 6709 Permits for operation of motor vehicles during testing.

Chapter 68 Beach Preservation

§ 6801 Purposes.
§ 6802 Definitions.
§ 6803 Authority to enhance, preserve and protect beaches.
§ 6804 Privately owned beaches.
§ 6805 Permits required.
§ 6806 Cease and desist orders.
§ 6807 Penalties.
§ 6808 Beach Preservation Fund.
§ 6809 Federal aid; other funds.
§ 6810 Eminent domain.
§ 6811 Inconsistent laws or ordinances superseded.
§ 6812 Short title.

Chapter 69 Conservation Easements

§ 6901 Definitions.
§ 6902 Creation, conveyance, acceptance and duration.
§ 6903 Judicial actions.
§ 6904 Validity.
§ 6905 Applicability.

Chapter 70 Coastal Zone Act

§ 7001 Purpose.
§ 7002 Definitions.
§ 7003 Uses absolutely prohibited in the coastal zone.
§ 7004 Uses allowed by permit only; nonconforming uses.
§ 7005 Administration of this chapter.
§ 7006 State Coastal Zone Industrial Control Board created; composition; conflict of interest; quorum.
§ 7007 Appeals to State Coastal Zone Industrial Control Board.
§ 7008 Appeals to Superior Court.
§ 7009 Condemnation.
§ 7010 Cease and desist orders.
§ 7011 Penalties.
§ 7012 Injunctions.
§ 7013 Inconsistent laws superseded; all other laws unimpaired; certain uses not authorized.
§ 7014 Conversion permit.
§ 7015 Biennial report.

Chapter 71 Noise Control and Abatement

Subchapter I Nonvehicle Provisions

§ 7101 Declaration of purpose.
§ 7102 Short title.
§ 7103 Definitions.
§ 7104 Noise and noise disturbance prohibited.
§ 7105 Administration of chapter; applicability of subchapter.
§ 7106 Powers and duties of Department of Natural Resources and Environmental Control.
§ 7107 Authority of Department of Natural Resources and Environmental Control.
§ 7108 Enforcement; investigations; injunctive relief.
§ 7109 Variance.
§ 7110 Temporary emergency variance.
§ 7111 Testimony at hearings.
§ 7112 Conduct of hearings.
§ 7113 Appeals of final orders.

Subchapter II Motor Vehicles

§ 7120 Powers and duties of Department of Safety and Homeland Security.
§ 7121 Motor vehicle noise inspection.
§ 7122 Motor vehicle violations; enforcement.
§ 7123 Liberal interpretation.
§ 7124 Other ordinances or remedies.
§ 7125 Exemptions.
§§ 7126-7128 [Reserved.]

Chapter 71A Regulation of Outdoor Lighting

§ 7101A Definitions.
§ 7102A Standards for state-funded outdoor lighting fixtures.

Chapter 72 Subaqueous Lands

§ 7201 Purposes.
§ 7202 Definitions.
§ 7203 Jurisdiction [Effective until Sept. 19, 2026].
§ 7203 Jurisdiction [Effective Sept. 19, 2026].
§ 7204 Ejectment of trespassers.
§ 7205 Permits required.
§ 7206 Easements and transfers of title.
§ 7207 Application.
§ 7208 Hearing.
§ 7209 Published notice.
§ 7210 Appeals to Environmental Appeals Board.
§ 7211 Costs, deposits and fees.
§ 7212 Rules; delegation.
§ 7213 Existing rights.
§ 7214 Violations; enforcement; civil and criminal penalties.
§ 7215 Cease and desist order.
§ 7216 Interference with Department personnel.
§ 7217 Special exemptions.

Chapter 73 Natural Areas Preservation System

§ 7301 Statement of policy.
§ 7302 Definitions.
§ 7303 Statement of purpose.
§ 7304 Designation of Office of Nature Preserves.
§ 7305 Delaware Natural Areas Advisory Council.
§ 7306 Dedication process.
§ 7307 Additional powers and duties of Department.
§ 7308 Change in status from that of dedicated nature preserve.
§ 7309 Public participation.
§ 7310 Enforcement.
§ 7311 Transfer of natural areas.
§ 7312 Additional protection unimpaired.

Chapter 74 Delaware Underground Storage Tank Act

Subchapter I General Provisions

§ 7401 Declaration of purpose.
§ 7402 Definitions.
§ 7403 Referenced standards.
§ 7404 Exemptions.
§ 7405 Registration by owner.
§ 7406 Release of substances prohibited; correction of substance release; Department intervention.
§ 7407 Release detection, prevention and correction regulations.
§ 7408 Inspection and monitoring.
§ 7409 Delaware Underground Petroleum Storage Tank Response Fund.
§ 7410 Financial responsibility.
§ 7411 Enforcement.
§ 7412 Appeals.
§ 7413 Variances.
§ 7414 Leaking Underground Storage Tank Committee.
§ 7415 Implementation and reporting requirements.
§ 7416 Groundwater risk assessment.
§ 7417 Use of Hazardous Substance Cleanup Act funding.
§ 7418 Tank registration fee [For application of this section, see 85 Del. Laws, c. 42, § 10].
§ 7419 Environmental liens; recovery of expenditures [For application of this section, see 79 Del. Laws, c. 69, § 5].

Subchapter II Small Retail Gasoline Station Assistance Program

§ 7420 Notification requirement for Stage 1 vapor recovery activities.
§ 7421 Legislative findings and intent.
§ 7422 Small Retail Gasoline Station Assistance Loan Fund; source of funds, interest rate, and capitalization.
§ 7423 Small Station Fund eligibility.
§ 7424 Loan payment mechanism; prepayment and security options.

Subchapter III Contractor Certification

§ 7425 Certification of underground storage tank contractors [For application of this section, see 85 Del. Laws, c. 42, § 10].

Chapter 74A The Jeffrey Davis Aboveground Storage Tank Act

§ 7401A Purpose.
§ 7402A Definitions.
§ 7403A Referenced standards.
§ 7404A Exemptions.
§ 7405A Registration by owner.
§ 7406A Release of substances prohibited; correction of substance release; Department intervention.
§ 7407A Tank performance standards; release detection, prevention and correction regulations.
§ 7408A Inspection and monitoring.
§ 7409A Financial responsibility.
§ 7410A Enforcement.
§ 7411A Appeals.
§ 7412A Variances.
§ 7413A Aboveground storage tank registration fee [For application of this section, see 85 Del. Laws, c. 42, § 10].
§ 7414A Aboveground storage tank construction permit fee [For application of this section, see 85 Del. Laws, c. 42, § 10.
§ 7415A Required signage.
§ 7416A Environmental liens; recovery of expenditures [For application of this section, see 79 Del. Laws, c. 69, § 5].
§ 7417A Short title.
§ 7418A Use of Hazardous Substance Cleanup Act funds.
§ 7419A Applicability of Brownfields Development Program.

Chapter 74B Boiler Safety Program

§ 7401B Establishment and purpose of the Boiler Safety Program.
§ 7402B Definitions.
§ 7403B Program duties and responsibilities.
§ 7404B Council on Boiler Safety.
§ 7405B Enforcement.
§ 7406B Fees.

Chapter 75 Delaware Land Protection Act

§ 7501 Short title.
§ 7502 Declaration of policy.
§ 7503 Purpose.
§ 7504 Definitions.
§ 7505 Delaware Open Space Council.
§ 7506 Powers and duties of the Council.
§ 7507 State resource areas [Repealed].
§ 7507A . Open space: criteria, evaluation, and permanent protection.
§ 7507B Access to land; limitations on use and disclosure of data.
§ 7508 Land use requirements [Repealed].
§ 7509 Program administration.
§ 7510 Zoning and use.

Chapter 75A Establishment of a State Water Supply Coordinating Council

§ 7501A Purpose.
§ 7502A Membership.
§ 7503A Subcommittees.
§ 7504A Administration of the Water Supply Coordinating Council.

Chapter 76 Inland Bays’ Watershed Enhancement

§ 7601 Title.
§ 7602 Center for the Inland Bays.
§ 7603 Board of Directors.
§ 7604 Duties of the Board of Directors.

Chapter 77 Extremely Hazardous Substances Risk Management Act

§ 7701 Short title.
§ 7702 Findings.
§ 7703 Purpose, goal and scope.
§ 7704 Policy and general duty.
§ 7705 Definitions.
§ 7706 Regulations.
§ 7707 Extremely hazardous substance list (EHSL).
§ 7708 Risk management plan.
§ 7709 Risk management program.
§ 7710 Inspection.
§ 7711 Notification requirements.
§ 7712 Information program.
§ 7713 Fees [For application of this section, see 85 Del. Laws, c. 42, § 10].
§ 7714 Violations and penalties.
§ 7715 Hearings.
§ 7716 Appeals.
§ 7717 Inconsistent laws superseded.

Chapter 78 Pollution Prevention Act

§ 7801 Short title.
§ 7802 Findings and purpose.
§ 7803 Definitions.
§ 7804 Pollution Prevention Program.
§ 7805 Trade secret protection.

Chapter 79 Environmental Permit Application Background Statement

Subchapter I Environmental Permit Application Background Statement

§ 7901 Findings; purpose.
§ 7902 Statement required.
§ 7903 Confidential information.
§ 7904 Permit modification, suspension, denial, revocation and chronic violator status.
§ 7905 Additional information; duty to cooperate.
§ 7906 Penalties for chronic violators.

Subchapter II Uniform Environmental Covenants Act

§ 7907 Definitions.
§ 7908 Nature of rights; subordination of interests.
§ 7909 Contents of environmental covenant.
§ 7910 Validity.
§ 7911 Relationship to other land use law.
§ 7912 Notice.
§ 7913 Recording.
§ 7914 Duration.
§ 7915 Amendment or termination by consent.
§ 7916 Enforcement of environmental covenant.
§ 7917 Registry; substitute notice.
§ 7918 Uniformity of application and construction.
§ 7919 Relation to Electronic Signatures in Global and National Commerce Act.
§ 7920 Severability.

Part VIII Appalachian States Low-Level Radioactive Waste Compact

Chapter 80 Appalachian States Low-Level Radioactive Waste Compact

§ 8001 Governor to enter into Compact; provisions thereof.
§ 8002 Governor’s representatives.
§ 8003 Budgetary processes.
§ 8004 Effectuation by Governor.
§ 8005 Low-level radioactive waste surcharge rebates.

Part IX Hazardous Substance Cleanups

Chapter 91 Delaware Hazardous Substance Cleanup Act

Subchapter I General Provisions and Enforcement

§ 9101 Short title.
§ 9102 Declaration of purpose; applicability.
§ 9103 Definitions.
§ 9104 Secretary’s powers and duties.
§ 9105 Standard of liability.
§ 9106 Investigation and access.
§ 9107 Remedies.
§ 9108 Certification of completion of remedy.
§ 9109 Enforcement.
§ 9110 Public hearings — Violations.
§ 9111 Fraud.
§ 9112 Public hearings — Rule making, settlement agreements and remedial actions.
§ 9113 Hazardous Substance Cleanup Fund.
§ 9114 Tax assessment.
§ 9115 Notice in property records.
§ 9116 Confidentiality of proprietary information.
§ 9117 Environmental liens [For application of this section, see 79 Del. Laws, c. 69, § 5].
§ 9118 Cease and desist orders.
§ 9119 Injunctions.
§ 9120 Inconsistent laws or ordinances superseded.

Subchapter II Brownfields Development Program

§ 9121 Short title.
§ 9122 Declaration of purposes.
§ 9123 Definitions.
§ 9124 Secretary’s powers and duties.
§ 9125 Standard of liability.
§ 9126 Public notice; public comment.

Chapter 92 Transfer or Closure of Chemical or Hazardous Substance Establishments [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title]

§ 9201 Definitions [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title].
§ 9202 Transfer of an establishment; filing procedures [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title].
§ 9203 Authority of the Secretary; regulations; effective date [Effective upon promulgation of regulations by the Secretary pursuant to subsection (c) of this section].
§ 9204 Enforcement [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title].
§ 9205 Termination of operations or filing for bankruptcy at a chemical or hazardous substance establishment; procedures [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title].
§ 9206 Financial assurance [Effective upon promulgation of regulations by the Secretary pursuant to § 9203(c) of this title].
§ 9207 Federal preemption.

Part X Climate Change

Chapter 100 Delaware Climate Change Solutions Act

§ 10000 Short title.
§ 10001 Legislative purpose.
§ 10002 Definitions.
§ 10003 Greenhouse gas emissions reductions.
§ 10004 Climate Action Plan.
§ 10005 Technical climate advisors.
§ 10006 All of government implementation.

Full text is available per section.

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