CHAPTER 474
FORMERLY
SENATE BILL NO. 186
AS AMENDED BY HOUSE AMENDMENT NO. 2
AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO SUBAQUEOUS LANDS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend §7202, Title 7, Delaware Code by striking it in its entirety and replacing it with a new §7202 to read as follows:
Ҥ7202. Definitions.
(a) ‘Department’ means the Department of Natural Resources and Environmental Control
(b) ‘Secretary’ means the Secretary of the Department of Natural Resources and Environmental Control.
(c) ‘Subaqueous Lands’ means submerged lands and tidelands.
. (d) ‘Submerged Lands’ means:
(i) lands lying below the line of mean low tide in the beds of all tidal waters within the boundaries of the State;
(ii) lands lying below the plane of the ordinary high water mark of non-tidal rivers, streams, lakes, ponds, bays and inlets within the boundaries of the State as established by law; and
(iii) specific man-made lakes or ponds as designated by the Secretary.
(e) ‘Ordinary high water mark’ means, for non-tidal waters, the line at which the presence and action of water are so continuous in all ordinary years so as to leave a distinct mark on a bank either by erosion or destruction of terrestrial (non-aquatic) vegetation, or that can be determined by other physical or biological means.
(f) ‘Tidelands’ means lands lying between the line of mean high water and the line of mean low water.
(g) ‘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 of the channel, bridge, culvert, stormwater basin or water control structure.
(h) ‘Reconstruction’ means the rebuilding of a channel, bridge, culvert, stormwater basin or water control structure that requires significant renovation or repair of their major structural features. This rebuilding shall be characterized by a replacement or major restorative effort similar to the degree required in the original design and construction of the channel, bridge, culvert, stormwater basin or water control structure. This rebuilding shall not change the purpose, scope or capacity of the channel, bridge, culvert, stormwater basin or water control structure.
(i) ‘Retrofitting’ means a change in design, construction, or materials to an existing bridge, culvert, stormwater basin or water control structure in order to incorporate later improvements or to reflect new standards, criteria or needs not considered in the original design and construction.
Section 2. Amend §7208(a)(1) of Title 7 of the Delaware Code by deleting said subparagraph and replacing it with the following:
“(1) If a grant or lease for a period of time in excess of 20 years is sought; or”
Section 3. Amend §7201, Chapter 7, Title 7, Delaware Code by striking the word “navigable” as it appears in the first sentence thereof and substituting in lieu thereof the words “non-tidal”.
Section 4. Amend Chapter 7, Title 7, Delaware Code by striking §7217 thereof and substituting in lieu thereof the following:
Ҥ7217. 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 non-tidal submerged lands in the Delaware Atlantic Coastal Plain Province with a contributing drainage area of less than 800 acres.
(b) This chapter shall not apply to maintenance, reconstruction or retrofitting work performed by or with the assistance of any state, county, municipal government or conservation district when that work occurs in any non-tidal submerged lands. Such maintenance, reconstruction or retrofitting work shall comply with the standards and specifications associated with best management practices in the Delaware Erosion and Sediment Control Handbook, 1989 or as revised. (68 Del. Laws, c. 268, Section 2)
(c) This chapter shall not apply to any work in agricultural drainage ditches created from non-subaqueous lands that are designed according to reasonable drainage standards, when performed by or with the assistance of any state, county, municipal government or conservation district.
(d) This chapter shall not apply to ponds constructed in uplands when those ponds are constructed by or with the assistance of any state, county, municipal government or conservation district.
(e) This chapter shall not apply to stormwater ponds that are permitted in accordance with 7 Del. C., Chapter 40, or to farm ponds or other ponds whose only source of hydrology is groundwater.
(f) The lease provisions of this Chapter shall not apply to any wastewater conveyance or treatment works system owned or operated by the State of Delaware or any county or municipal government with the State of Delaware.”