Delaware General Assembly

Senate Legislative Oversight & Sunset 4/21/26

Awaiting consideration in Committee

4/21/26

Hoffner

Rep. Bush

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO EROSION, SEDIMENTATION CONTROL AND STORMWATER MANAGEMENT.

This Act amends Chapter 40 of Title 7 of the Delaware Code to revise and clarify provisions relating to sediment and stormwater management. The Act updates the chapter title to reflect the full scope and purpose of the law; removes outdated and redundant language and standardizes terminology for consistency with current program practices and applicable regulations; adds and revises definitions to improve clarity and alignment with existing regulations; removes certain provisions related to designated watersheds and special management areas that are no longer necessary due to updated regulatory requirements and local code provisions; reorganizes and consolidates multiple sections to improve readability and administrative clarity, including provisions related standard plans; removes outdated provisions related to interim program requirements and program establishment; revises provisions related to the Regulatory Advisory Committee by specifying representation to ensure a balanced and manageable body; updates requirements related to plan approval, certification, construction review, and maintenance reviews; revises the public notification process for regulatory guidance documents and removes reference to inapplicable statutory reference and expanding notification methods; removes overly detailed provisions that are addressed in regulation; clarifies enforcement authorities, including the types of violations that may trigger Department action, and increases penalty amounts to align with those set forth in Chapter 60 of Title 7. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

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