US Lawyer Database

§ 6603. Definitions.

§ 6603. Definitions. (a) “Activity” means any dredging, draining, filling, bulkheading, construction of any kind, including but not limited to, construction of a pier, jetty, breakwater, boat ramp, or mining, drilling or excavation. (b) “Authorized activity” includes any activity allowed after receipt of a permit from the Department. (c) “Board” means the Environmental Appeals Board. […]

§ 6620. Federal aid; other funds.

§ 6620. Federal aid; other funds. The Department may cooperate with and receive moneys from the federal government, state or local government or any industry or other source. Such moneys received are appropriated and made available for the study and preservation of the wetlands. 7 Del. C. 1953, § 6620;  59 Del. Laws, c. 213, […]

§ 6604. Permit required.

§ 6604. Permit required. (a) Any activity in the wetlands requires a permit from the Department except the activity or activities exempted by this chapter and no permit may be granted unless the county or municipality having jurisdiction has first approved the activity in question by zoning procedures provided by law. (b) The Secretary shall […]

§ 6605. Preexisting use.

§ 6605. Preexisting use. Any expansion or extension of a preexisting use requires a permit and no permit may be granted under this chapter unless the county or municipality having jurisdiction has first approved the use in question by zoning procedures provided by law. 7 Del. C. 1953, § 6605;  59 Del. Laws, c. 213, […]

§ 6606. Exemptions.

§ 6606. Exemptions. Any of the following activities are exempt from permit requirements: Mosquito control activities authorized by the Department; construction of directional aids to navigation; duck blinds; foot bridges; the placing of boundary stakes; wildlife nesting structures; grazing of domestic animals; haying; hunting; fishing and trapping. 7 Del. C. 1953, § 6606;  59 Del. […]

§ 6607. Procedures; regulations; application fees.

§ 6607. Procedures; regulations; application fees. (a) The Secretary shall administer this chapter. (b) The Secretary shall inventory, as promptly as he or she is able, all wetlands within the State and prepare suitable maps. Such maps shall be filed with the Secretary of State and made available for public inspection at the offices of […]

§ 6608. Permit applications.

§ 6608. Permit applications. (a) Any person desiring to obtain a permit required by § 6604 of this title shall submit an application in such form and accompanied by such plans, specifications and other information as required by applicable regulations. (b) Upon receipt of an application in proper form, the Secretary shall advertise in a […]

§ 6609. Public hearings.

§ 6609. Public hearings. Any public hearing held by the Secretary or the Board concerning a regulation, permit application or alleged violation or appeal shall be conducted as follows: (1) Notification shall be served upon the applicant, alleged violator, or appellant as summonses are served by registered or certified mail not less than 20 days […]

§ 6610. Appeal to Board.

§ 6610. Appeal to Board. Any person whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board within 20 days after the Secretary has announced the decision. 7 Del. C. 1953, § 6611;  59 Del. Laws, c. 213, § 1;  64 Del. Laws, c. 293, § 2; 

§ 6612. Appeal from Board’s decision.

§ 6612. Appeal from Board’s decision. (a) Any person or persons, jointly or severally affected by any decision or nondecision of the Board, or any taxpayer, or any officer, department, board or bureau of the State, may appeal to the Superior Court in and for the county in which the use in question is wholly […]