§ 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 […]
§ 7201. Purposes.
§ 7201. Purposes. Subaqueous lands within the boundaries of Delaware constitute an important resource of the State and require protection against uses or changes which may impair the public interest in the use of tidal or nontidal waters. The purposes of this chapter are to empower the Secretary to deal with or to dispose of […]
§ 7202. Definitions.
§ 7202. Definitions. (a) “Department” means the Department of Natural Resources and Environmental Control. (b) “Maintenance” means the actions required to return a channel, bridge, culvert, stormwater basin or water control structure to its full operational condition or to prevent a decline in its utility. These actions shall not change the purpose, scope or capacity […]
§ 7203. Jurisdiction.
§ 7203. Jurisdiction. (a) The Secretary shall have jurisdiction over any project involving ungranted subaqueous lands owned by the State, and shall have jurisdiction and authority to convey a fee simple of lesser interest or to grant an easement with respect to all projects involving these lands. All jurisdiction and authority remaining in the State […]
§ 7204. Ejectment of trespassers.
§ 7204. Ejectment of trespassers. The Department may eject from any subaqueous lands owned by the State any person, firm or corporation trespassing upon any such lands, including the fixed mooring of floating structures, through appropriate action in the courts of this State. 65 Del. Laws, c. 508, § 2;
§ 7205. Permits required.
§ 7205. Permits required. (a) No person shall deposit material upon or remove or extract materials from, or construct, modify, repair or reconstruct, or occupy any structure or facility upon submerged lands or tidelands without first having obtained a permit, lease or letter of approval from the Department. Such permit, lease or letter of approval, […]
§ 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 […]