CHAPTER 61

FORMERLY

SENATE BILL NO. 121

AN ACT TO AMEND SUBCHAPTER II OF CHAPTER 66, TITLE 7, DELAWARE CODE, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL MAKING CORRECTIONS TO ERRORS IN WETLANDS MAPS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §6607(b), Subchapter II, Chapter 66, Title 7 of the Delaware Code by striking the period "." at the end of the fourth sentence of said subsection immediately following the word "section" and inserting the following:

", and the provisions of subsection (e) of this Section."

Section 2. Amend §6607, Subchapter II, Chapter 66, Title 7 of the Delaware Code by adding a new subsection to read as follows:

"(e) If an on-site evaluation by the Department establishes that an error exists in a wetlands map that has been adopted by the Department, the wetlands map containing the error may be corrected by the Department after the Department documents, in writing, the results of the on-site evaluation, and the Department gives the public notice of any proposed correction. For purposes of this subsection, the terms 'public notice' shall consist of having notice of the proposed correction, the name of the property owner, location of the property in issue, and a description of the error, published in a daily newspaper of general circulation throughout the State and a newspaper of general circulation in the county in which the activity is proposed. Such notice shall be published at least twenty days in advance of any correction to a map by the Department. If the Department determines that it has received a meritorious objection to any proposed correction set forth in a public notice, the Department shall hold a public hearing in accordance with the procedures set forth in 7 Del. C. §6609. Any Department correction made to an adopted wetlands map shall be filed with the Secretary of State and made available for public inspection at the offices of the Department."

Approved June 23, 1983.