§ 6801. Purposes. Beaches of the Atlantic Ocean and Delaware Bay shoreline of Delaware are hereby declared to be valuable natural features which furnish recreational opportunity and provide storm protection for persons and property, as well as being an important economic resource for the people of the State. Beach erosion and shoreline migration occur due […]
§ 6802. Definitions. For purposes of this chapter: (1) A “beach” is that area from the Delaware/Maryland line at Fenwick Island to the Old Marina Canal immediately north of Pickering Beach, which extends from the mean high water line of the Atlantic Ocean and Delaware Bay landward 1,000 feet and seaward 2,500 feet, respectively. (2) […]
§ 6803. Authority to enhance, preserve and protect beaches. (a) Authority to enhance, preserve, and protect public and private beaches within the State is vested solely in the Department, except as pertains to archaeological resources on beaches, which are regulated by the Department of State, Division of Historical and Cultural Affairs pursuant to Chapter 53 […]
§ 6804. Privately owned beaches. The authority of the Department to prevent and repair damages from erosion shall extend to privately owned beaches whenever, in the judgment of the Governor, a dangerous condition constituting an emergency exists in a location specified by the Governor. Before taking any action with respect to a privately owned beach, […]
§ 6805. Permits required. (a) No person shall, without first having obtained a permit or letter of approval from the Department, undertake any activity: (1) To construct, modify, or reconstruct any structure or facility on any beach seaward of the building line. (2) To alter, dig, mine, move, remove or deposit any substantial amount of […]
§ 6806. Cease and desist orders. The Secretary of the Department shall have the power to issue a cease and desist order to any person violating this chapter or rule or regulation promulgated pursuant thereto. Any such cease and desist order shall expire (1) after 30 days from the date of its issuance, or (2) […]
§ 6807. Penalties. (a) Whoever, without authority from the Department, alters, moves or carries away any substantial amount of beach material (including, but not limited to, sand or pebbles), or alters, damages or destroys any groin, jetty, bank, dike, dune, bulkhead, seawall, breakwater or any other facility, improvement or structure installed or maintained by the […]
§ 6808. Beach Preservation Fund. (a) A special fund is created in the State Treasury to be known as the “Beach Preservation Fund,” hereafter referred to in this chapter as “the Fund.” (b) The Fund may be used as necessary to effectuate the purposes of this chapter. (c) The balance of the Fund shall be […]
§ 6809. Federal aid; other funds. The Department may cooperate with and receive moneys from the federal government or any industry or other source. Such moneys received are hereby appropriated and made available for study and action directed at beach preservation. 7 Del. C. 1953, § 6807; 58 Del. Laws, c. 566, § 2; 64 […]
§ 6810. Eminent domain. (a) The Secretary may, through negotiation or condemnation proceedings under Chapter 61 of Title 10, acquire the fee simple or any lesser interests in land whenever 2/3 or more of the property owners of property included in the project area along a private beach, as defined by the Department, have agreed […]
§ 6811. Inconsistent laws or ordinances superseded. All laws or ordinances inconsistent with this chapter are hereby superseded to the extent of the inconsistency. 7 Del. C. 1953, § 6808; 58 Del. Laws, c. 566, § 2; 64 Del. Laws, c. 361, § 1;
§ 6812. Short title. This chapter may be known, styled or referred to as the “Beach Preservation Act.” 7 Del. C. 1953, § 6809; 58 Del. Laws, c. 566, § 10; 64 Del. Laws, c. 361, § 1;
