CHAPTER 197 - REGULATING THE TAKING OF SAND FROM BEACHES

AN ACT TO REGULATE THE TAKING OF SAND FROM THE BEACHES ALONG THE DELAWARE RIVER AND DELAWARE BAY AND THE ATLANTIC OCEAN.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. It shall be unlawful for any person or group of persons, firm, association, or corporation to dig, mine, remove, or carry away, or to cause to be dug, mined, removed, or carried away any sand from any public or private beach along the Delaware Bay, or along the Atlantic Ocean, within five hundred feet from mean high water mark, whereby because of such digging, mining, removal, or carrying away of such sand the beaches or lands abutting thereon or adjacent thereto would become flooded, or barrier dunes would be destroyed, or so nearly destroyed as to become ineffectual in holding back any of the waters from said Delaware River or Delaware Bay or the Atlantic Ocean, or the probability of the flooding of such lands would be materially increased, without first obtaining written consent from the State Highway Department to dig, mine, remove or carry away the quantity of sand desired from the place designated from which such sand is to be taken.

Section 2. Any person or group of persons, firm, association or corporation violating any of the provisions of this Act, shall, upon conviction thereof, be fined not less than Ten Dollars nor more than Fifty Dollars, or imprisoned for not less than five nor more than Thirty days.

Section 3. The Justices of the Peace of the several counties and the Court of Common Pleas for New Castle County and the Court of Common Pleas for Kent County shall severally have jurisdiction to hear and determine violations of this Act within their respective counties.

Approved April 30, 1937.