Delaware General Assembly

Out of Committee 6/20/02

The General Assembly has ended, the current status is the final status.

HB 340

5/14/02

Cathcart

Reps. Buckworth, Fallon, Lavelle, Lofink, Reynolds, Valihura, Wagner, Gilligan, Houghton, Keeley, Viola
Sen. McBride, Amick, Sorenson, Connor

AN ACT TO AMEND CHAPTER 66, TITLE 7 OF THE DELAWARE CODE RELATING TO THE PROTECTION OF WETLANDS.

The federal government administers a regulatory program pursuant to the Clean Water Act for protecting wetlands in Delaware. On January 9, 2001, the U.S. Supreme Court ruled the federal government had exceeded its statutory authority over isolated freshwater wetlands. As a result of this Supreme Court decision, some of Delaware's ecologically important wetlands no longer receive any federal protection. This Act is intended to address the recent decision by giving the Department of Natural Resources and Environmental Control the authority to designate and protect Delaware's isolated freshwater wetlands as ecologically and socio-economically important wetlands that may no longer be under the jurisdiction of the federal government. The Secretary of the Department is required to adopt maps designating the location of up to 30,000 acres of nonfederal isolated wetlands, and procedures for delineating these isolated freshwater wetlands. Nonfederal isolated wetlands may be classified by the Secretary into two major types based on their ecological function and value. Class 1 represents unique ecological communities providing exceptional wetland functions and values. Class 2 being generally forested, shrubby or herbaceous/emergent isolated wetlands, not qualifying as Class 1, and providing integral wetland functions, diverse habitat for many species or, in some cases, support rare and unique species.

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Takes effect upon being signed into law

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