US Lawyer Database

§ 7215. Cease and desist order.

§ 7215. Cease and desist order. The Secretary shall have the power to issue an order to any person violating any rule or regulation or permit condition or lease condition or provision of this chapter to cease and desist from such violation. Any cease and desist order issued pursuant to this section shall expire: (1) […]

§ 7216. Interference with Department personnel.

§ 7216. Interference with Department personnel. No person shall obstruct, hinder, delay or interfere with, by force or otherwise, the performance by Department personnel of any duty under this chapter, or any rule or regulation or order or permit or decision, promulgated or issued thereunder. 65 Del. Laws, c. 508, § 2; 

§ 7217. Special exemptions.

§ 7217. Special exemptions. (a) This chapter shall not apply to any work performed by any state, county, municipal government or conservation district, or their designated contractor, when that work occurs in nontidal submerged lands in the Delaware Atlantic Coastal Plain Province with a contributing drainage area of less than 800 acres. (b) This chapter […]

§ 7206. Easements and transfers of title.

§ 7206. Easements and transfers of title. (a) Pursuant to this chapter, the Secretary shall have exclusive jurisdiction and authority over all projects to convey a fee simple or lesser interest or to grant easements with respect to subaqueous lands belonging to the State. All jurisdiction and authority to convey a fee simple or lesser […]

§ 7207. Application.

§ 7207. Application. (a) Each applicant for a lease, permit or grant, pursuant to this chapter, shall file with the Secretary a request stating in detail the type of lease, permit or grant desired, showing the location of the area and containing specifications for any proposed construction. (b) The Secretary may require such additional information […]

§ 7208. Hearing.

§ 7208. Hearing. (a) A public hearing shall be held: (1) If a grant or lease for a period of time in excess of 20 years is sought; or (2) If the Secretary determines that a public hearing is in the public interest; or (3) If a written meritorious objection to the application is received […]

§ 7209. Published notice.

§ 7209. Published notice. (a) The published notice shall contain a general description of the location of the property and a statement of the nature of the lease, permit or grant sought to be acquired. (b) If the advertisement is also used to provide notice of a public hearing, it shall also give the time, […]

§ 7210. Appeals to Environmental Appeals Board.

§ 7210. Appeals to Environmental Appeals Board. Any person whose interest is substantially affected by any action of the Secretary or of the Department taken pursuant to this chapter, may appeal to the Environmental Appeals Board as established by § 6007 of this title within 20 days after the announcement of the decision. Such appeal […]

§ 7211. Costs, deposits and fees.

§ 7211. Costs, deposits and fees. (a) All costs for the proceedings under this chapter shall be assessed against the applicant. (b) The Secretary may require a deposit at the time of the application or at any other time to insure the payment of the costs. (c) All costs and deposits and all fees collected […]

§ 7212. Rules; delegation.

§ 7212. Rules; delegation. The Secretary may after public hearing, adopt, amend, modify or repeal rules or regulations to effectuate the policy and purposes of this chapter. The Secretary may delegate his or her powers or duties under this chapter, except the power to convey or to lease or grant easements in subaqueous lands. 65 […]