CHAPTER 268

FORMERLY

SENATE BILL NO. 320

AN ACT TO AMEND CHAPTER 72, TITLE 7, DELAWARE CODE RELATING TO SUBAQUEOUS LANDS.

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

Section 1. Amend §7202, Title 7, Delaware Code by amending the definition of "Navigable Water" as it appears therein to read as follows:

"Navigable Water" means a river, stream, lake, bay, or inlet capable of having been used or being used for transport of useful commerce."

Section 2. Amend Chapter 72, Title 7, Delaware Code by adding a new §7217 to read as follows:

"§7217. MAINTENANCE

This Chapter shall not apply to maintenance, reconstruction or retro-fitting work performed along any existing non-tidal ditch, stream, culvert, bridge, water control structure, stormwater basin or pond by or with the assistance of any state, county, municipal government or conservation district. All maintenance, reconstruction or retro-fitting work performed along any existing non-tidal ditch, stream, culvert, bridge, water control structure, stormwater basin or pond by or with the assistance of any state, county, municipal government or conservation district shall comply with the standards and specifications associated with best management practices in the Delaware Erosion and Sediment Control Handbook, 1989 or as revised."

Approved June 24, 1992.