Bill Text: DE HB456 | 2025-2026 | 153rd General Assembly | Draft
Bill Title: An Act To Amend Title 7 Of The Delaware Code Relating To Subaqueous Lands.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Engrossed) 2026-06-11 - Assigned to Environment, Energy & Transportation Committee in Senate [HB456 Detail]
Download: Delaware-2025-HB456-Draft.html
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SPONSOR: |
Rep. Romer & Sen. Hoffner |
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 456
AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO SUBAQUEOUS LANDS.
WHEREAS, subaqueous lands below river, lakes, streams and other water bodies are generally the property of the State, to be administered on behalf of the people of the State; and
WHEREAS, the Subaqueous Lands Act (SLA) established the requirements for the issuance of permits, leases, or letters of approval for activities by people or companies in submerged lands and tidelands and established that the permittee may be required to take measures to offset the loss to the public of a substantial resource; and
WHEREAS, the operation of the SLA permitting system would benefit from adjustments to the SLA to provide greater clarity, to enable the Secretary to delegate certain duties, and also to address the impact of certain legal decisions upon the operation of the Act; and
WHEREAS, the development and use of general permits would provide the public with increased clarity about permitting rights and would improve the ability of the Department to provide permits in a timely manner; and
WHEREAS, the development of alternative shoreline stabilization techniques, and the more widespread impacts from coastal storm events, have caused both riparian landowners and the Department to reconsider subaqueous and riparian lands management priorities and strategies; and
WHEREAS, the Department seeks to reduce financial disincentives for the implementation of “green technologies” for protecting shorelines and shorefront communities, encourage tidal marsh protection and restoration, and provide homeowners with non-structural options for stabilizing their shorelines .
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 7202, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
(b) “Linear utility infrastructure projects” means the construction, maintenance, repair, and removal of overhead or underground electric or telecommunication transmission lines, underground water, sewage, or stormwater conveyance lines, oil and natural gas pipelines, and associated facilities.
(h) “Small residential docking structure” means a structure no larger than 300 square feet, associated with a private residence, and that will be used for boat docking.
( l ) (1) “Voluntary aquatic habitat restoration project” means any of the following:
a. Activities that are voluntarily undertaken to restore, reestablish, rehabilitate, or enhance altered, degraded, or former aquatic habitats, and that result in a net increase in aquatic habitat functions and services.
b. Activities to maintain or manage aquatic sites where activities described in paragraph ( l) (1)a. of this section have taken place.
(2) A voluntary aquatic habitat restoration project may only include construction activities related solely to the habitat restoration action.
(3) “Voluntary aquatic habitat restoration project” does not mean an activity undertaken to fulfill, currently or in the future, a federal, state, or local aquatic habitat permit mitigation requirement.
Section 2. Amend § 7205, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 7205. Permits Permit, lease, or letter of approval 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. Applications for a permit, lease, or letter of approval must be submitted by an individual or entity approved by the Marine Contractors and Consultants Licensing Board. This submission requirement must commence 6 months after adoption of regulations concerning the Marine Contractors and Consultants Licensing Board. Such permit, lease or letter of approval, if granted, may include reasonable conditions required in the judgment of the Department to protect the interests of the public . public, including a condition that the activity be done by an individual or entity approved by the Marine Contractors and Consultants Licensing Board, once regulations concerning the Marine Contractors and Consultants Licensing Board are adopted, to perform the activity. The Department may adopt regulations setting fees for such permits. If it is determined that granting the permit, lease or approval will result in loss to the public of a substantial resource, the permittee may be required to take measures which will offset or mitigate the loss. This section shall not apply to any repairs or structural replacements which are above the mean low tide and which do not increase any dimensions or change the use of the structure.
(b) The Secretary shall annually prepare a schedule of fees for permits and letters of approval issued pursuant to this section and submit the same as part of the Department’s annual operating budget proposal.
(c) The Department may further promulgate general permits for the use of subaqueous lands, including any of the following:
(1) A general permit that authorizes linear utility infrastructure projects.
(2) A general permit that authorizes voluntary aquatic habitat restoration projects through an expedited process.
(3) A general permit, to be known as the “Small Residential Docking Structure Permit,” applicable to docking structures of no more than 300 square feet associated with a private residence that involve any occupancy of subaqueous lands. This “Small Residential Docking Structure Permit” may only issue in the circumstances set forth in § 7207(f) of this title.
(4) A general permit that authorizes minor road crossings in tidal subaqueous lands.
(5) A general permit that authorizes minor bank stabilization in tidal subaqueous lands.
(6) A general permit that authorizes the use of pilings in nontidal subaqueous lands in appropriate circumstances. The regulations must consider imposing restrictions where any of the following apply:
a. The pilings are so closely spaced that sedimentation rates would be increased.
b. The pilings themselves effectively would replace the bottom of a water body.
c. The placement of pilings or related structures would result in the adverse alteration or elimination of aquatic or biologic functions.
d. The pilings are intended to be used for structural support of a building such as a commercial or residential structure.
(7) A general permit that authorizes the placement of navigational aids and signage or the construction of public infrastructure, such as fishing piers, as determined by the Department.
(c) (d) The Secretary may waive any provision of the regulations adopted pursuant to this chapter when warranted under the following circumstances:
(1) Life-threatening emergencies.
(2) Actions required for public safety for which sufficient time is not available to follow the regulations.
(3) When imminent or catastrophic damage or loss of major infrastructure is likely if all provisions of the regulations are adhered to.
(4) Where the authority of the Department under this chapter overlaps with another statute, including but not limited to shellfish grounds (Chapter 19 of this title), wetlands (Chapter 66 of this title) or beach preservation (Chapter 68 of this title) provided that the following criteria are met:
a. If, in the opinion of the Secretary, equal environmental impact review and regulation of the activity would be provided by either statute; and
b. Waiver of these regulations would not be contrary to the purposes of this chapter.
(d) (e) The Secretary may issue an after-the-fact permit, lease, letter of approval or waiver in those cases where an activity has occurred without first obtaining the required permit, lease, letter of approval or waiver. The determination of whether or not to issue an after-the-fact permit, lease, letter of approval or waiver shall be consistent with the purposes and provisions of this chapter. The applicant receiving the after-the-fact permit, lease, letter of approval, or waiver will be responsible for paying any associated processing fee and lease fee and the Secretary may assess a penalty in accordance with § 6005 of this title.
Section 3. Amend § 7207, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(f) Where a permit application is submitted for a Small Residential Docking Structure, the Department must notify the applicant within 30 days as to whether their application as submitted is administratively complete and request any information required to complete the application. The applicant has 30 days to respond with the requested information. Where the Department has not issued or denied a permit within 120 days from receipt of a complete Small Residential Docking Structure Permit application for such activities, the Small Residential Docking Structure Permit listed as a general permit in § 7205(c)(3) of this title must be automatically issued in connection with the application. The foregoing timeline does not apply to applications involving the resolution of identified violations or applications involving a permit hearing. A Small Residential Docking Structure Permit will only issue if the applicant has submitted a certification from a licensed contractor or consultant, certifying that the activity does not do any of the following:
(1) Create a public safety or navigational hazard.
(2) Disturb the riparian rights of others, such as subaqueous lands or wetlands adjacent to the activity.
(3) Unduly restrict public use or access to subaqueous lands.
Section 4. Amend § 7208, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(a) A public hearing shall must be held: held if any of the following apply:
(1) If a grant or lease for a period of time in excess of 20 years is sought; or sought.
(2) If the Secretary determines that a public hearing is in the public interest; or interest.
(3) If a written meritorious public hearing request expressing opposition to the application is received within 20 days of the advertisement of the public notice for the application. A public hearing request shall must be deemed meritorious if it exhibits a familiarity with the application and provides application, a reasoned statement of the action’s probable impact. impact, and a demonstrated and substantial nexus between the requestor and this probable impact.
Section 5. Amend § 7210, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 7210. Appeals to Environmental Appeals Board.
Any person whose interest is substantially affected by any action of the Secretary or of the Department taken pursuant to this chapter, may appeal to the Environmental Appeals Board as established by § 6007 of this title within 20 days after the announcement of the decision. Such appeal shall be governed by §§ 6008 and 6009 of this title. There shall be no appeal of a decision by the Secretary to deny a permit on any matter involving state-owned subaqueous lands. lands, except an appeal may lie on the sole ground that the decision was discriminatory in that the applicant, whose circumstances are like and similar to those of other applicants, was not afforded like and similar treatment. The grant of a permit on subaqueous lands may be appealed by any person whose interest is substantially affected.
Section 6. Amend § 7212, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
The Secretary may after public hearing, adopt, amend, modify or repeal rules or regulations to effectuate the policy and purposes of this chapter. The Secretary may delegate his or her powers or duties under this chapter, except the power to convey or to lease or grant easements in subaqueous lands. lands in excess of 2,500 square feet.
Section 7. Amend § 7213, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
This chapter shall not change the law of this State relating to existing property, riparian or other rights of this State or other persons in submerged, tidelands or filled lands. This section does not preclude the Secretary from regulating public and private subaqueous lands or from charging a regulatory fee pursuant to § 7205 of this title.
Section 8. Amend § 7217, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(h) All activities in private nontidal subaqueous lands authorized under a Nationwide Permit issued by the United States Army Corps of Engineers and in effect in Delaware are exempt from this chapter; provided that a Water Quality Certification has been received from the Department where necessary.
Section 9. Amend Chapter 72, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 7218. Creation of the Marine Contractors and Consultants Licensing Board.
(a) There is hereby established the Marine Contractors and Consultants Licensing Board.
(b) The Marine Contractors and Consultants Licensing Board must assist the Department in the licensing and regulation of individuals and entities that deposit material upon or remove or extract materials from, or construct, modify, repair, or reconstruct any structure or facility upon submerged lands or tidelands.
(c) The Department has the exclusive licensing authority under this chapter. In administering the licensing program it must seek the views of the Marine Contractors and Consultants Licensing Board.
(d) The Marine Contractors and Consultants Licensing Board must consist of 7 members designated at the discretion of the Secretary.
(e) The Department must adopt regulations concerning the licensing program and the operation of the Marine Contractors and Consultants Licensing Board to effectuate the policy and purposes of this chapter.
Section 10. This Act applies to all new leases of public subaqueous lands and upon renewal or amendment of all existing leases of public subaqueous lands issued after [the effective date of this Act].
SYNOPSIS
This Act streamlines DNREC’s subaqueous lands permitting process by adding permitting exemptions for common activities already authorized by the U.S. Army Corps of Engineers, expanding the use of general permits to provide statewide authorization for certain activities instead of individual permits, clarifying when some decisions may be delegated from the Secretary to Department staff, imposing specific processing timelines for minor structures and standardizing applications to reduce processing delays.
It also creates the Marine Contractors and Consultants Licensing Board, to assist DNREC in licensing and regulation of individuals and entities that affect submerged lands or tidelands.
