§ 7001. Purpose. It is hereby determined that the coastal areas of Delaware are the most critical areas for the future of the State in terms of the quality of life in the State. It is, therefore, the declared public policy of the State to control the location, extent and type of industrial development in […]
§ 7002. Definitions. (a) “Board” shall mean the Coastal Zone Industrial Control Board. (b) “Bulk product transfer facility” means any port or dock facility, whether an artificial island or attached to shore by any means, for the transfer of bulk quantities of any substance from vessel to onshore facility or vice versa. Not included in […]
§ 7003. Uses absolutely prohibited in the coastal zone. (a) Except as provided by § 7014 of this title, heavy industry uses of any kind not in operation on June 28, 1971, are prohibited in the coastal zone and no permits may be issued therefor. In addition, offshore gas, liquid or solid bulk product transfer […]
§ 7004. Uses allowed by permit only; nonconforming uses. (a) Except for heavy industry uses, as defined in § 7002 of this title, manufacturing uses not in existence and in active use on June 28, 1971, are allowed in the coastal zone by permit only, as provided for under this section. Any nonconforming use in […]
§ 7005. Administration of this chapter. (a) The Department of Natural Resources and Environmental Control shall administer this chapter. All requests for conversion permits under § 7014 of this title for a heavy industry use site seeking an alternative or additional heavy industry use or for a bulk product transfer facility, and all requests for […]
§ 7006. State Coastal Zone Industrial Control Board created; composition; conflict of interest; quorum. There is hereby created a State Coastal Zone Industrial Control Board, which shall have 9 voting members. Five of these shall be regular members appointed by the Governor and confirmed by the Senate. No more than 2 of the regular members […]
§ 7007. Appeals to State Coastal Zone Industrial Control Board. (a) The State Coastal Zone Industrial Control Board shall have the power to hear appeals from decisions of the Secretary of the Department of Natural Resources and Environmental Control made under §§ 7005 and 7014 of this title. The Board may affirm or reverse the […]
§ 7008. Appeals to Superior Court. Any person aggrieved by a final order of the State Coastal Zone Industrial Control Board under § 7007 of this title may appeal the Board’s decision to Superior Court in and for the county of the location of the land in question. Likewise, the Secretary of the Department of […]
§ 7009. Condemnation. If Superior Court rules that a permit’s denial, or restrictions imposed by a granted permit, or the operation of § 7003 or § 7004 of this title, is an unconstitutional taking without just compensation, the Secretary of the State Department of Natural Resources and Environmental Control may, through negotiation or condemnation proceedings […]
§ 7010. Cease and desist orders. The Attorney General shall have the power to issue a cease and desist order to any person violating any provision of this chapter ordering such person to cease and desist from such violation. Provided, that any cease and desist order issued pursuant to this section shall expire (1) after […]
§ 7011. Penalties. Any person who violates this chapter shall be fined not more than $50,000 for each offense. The continuance of an activity prohibited by this chapter during any part of a day shall constitute a separate offense. Superior Court shall have exclusive original jurisdiction over offenses under this chapter. 7 Del. C. 1953, […]
§ 7012. Injunctions. The Court of Chancery shall have jurisdiction to enjoin violations of this chapter. 7 Del. C. 1953, § 7012; 58 Del. Laws, c. 175.;
§ 7013. Inconsistent laws superseded; all other laws unimpaired; certain uses not authorized. All laws or ordinances inconsistent with any provision of this chapter are hereby superseded to the extent of the inconsistency. Provided, that present and future zoning powers of all counties and municipalities, to the extent that said powers are not inconsistent with […]
§ 7014. Conversion permit. (a) An owner, operator, or prospective purchaser of a heavy industry use site, including a site that has been abandoned in fact or has been the subject of an abandonment proceeding, may submit an application to the Secretary of the Department of Natural Resources and Environmental Control for a conversion permit […]
§ 7015. Biennial report. (a) Beginning on January 1, 2019, and every 2 years thereafter the Delaware Economic Development Office shall provide a comprehensive report to the General Assembly and the Governor detailing economic development that has been enabled by the Coastal Zone Conversion Permit Act [81 Del. Laws, c. 120]. Such report shall include […]
