CHAPTER 178

STATE HIGHWAY DEPARTMENT

AN ACT AMENDING CHAPTER 197, LAWS OF DELAWARE, 1937, REGULATING THE TAKING OF SAND FROM THE BEACHES ALONG THE DELAWARE RIVER AND DELAWARE BAY AND ATLANTIC OCEAN BY EXEMPTING GRAVEL FROM THE PROVISIONS THEREOF.

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

Section 1. That Chapter 197, Laws of Delaware, 1937, be and the same is hereby amended by striking out Section 1 thereof and inserting in lieu thereof a new section to be known as Section 1, as follows:

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 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, provided that this section shall not prohibit the digging or removal of gravel therefrom.

For the purpose of this Act, gravel shall be construed to mean any gravel or coarse sand suitable for concrete masonry such as can be had or found between high and low water mark.

Approved April 28, 1939.