Delaware sets deadlines and permits for work in waterways

The Department issues a small residential dock permit automatically if it misses the decision deadline. This applies to a dock of no more than 300 square feet associated with a private residence. The applicant must provide a licensed contractor or consultant’s certification that the dock will not create a safety or navigation hazard, disturb others’ shoreline rights, or unduly restrict public access. The Department must tell the applicant within 30 days whether the application is complete and request missing information. The applicant has 30 days to respond. If the Department has not issued or denied a permit within 120 days after receiving a complete application, the permit issues automatically. These deadlines do not apply to applications involving identified violations or a permit hearing.

The Department may issue general permits for listed types of work in submerged lands and tidelands. Listed work includes utility lines, voluntary habitat restoration, small residential docks, minor road crossings and bank stabilization, pilings in nontidal waters, and navigation signs or public structures such as fishing piers. The Department may adopt these permits; the text does not require it to do so. A small dock permit may issue only under the conditions stated for that permit. Rules for pilings must consider restrictions in specified circumstances, including when placement could harm waterway functions or increase sedimentation.

The Department must establish a licensing program and a board to assist with it. The program covers people and businesses that place or remove materials, or build, modify, repair, or reconstruct structures on submerged lands or tidelands. The board has seven members designated by the Secretary. The Department has licensing authority and must seek the board’s views. Applications must be submitted by an approved person or business once the application requirement takes effect. The application requirement begins six months after regulations for the licensing program and board are adopted.

The law exempts certain federally permitted work on private nontidal submerged lands from this chapter. The exemption covers activities on private nontidal submerged lands. The activity must be authorized by a U.S. Army Corps of Engineers Nationwide Permit in effect in Delaware. A Department water quality certification is required when necessary.