CHAPTER 280

FORMERLY

SENATE BILL NO. 385

AN ACT TO AMEND TITLE 7, DELAWARE CODE RELATING TO BEACH REPLENISHMENT.

WHEREAS, publicly funded beach replenishment projects are a benefit to all of the citizens of Delaware; and

WHEREAS, the public has a historic right of access to the water for the purpose of navigation and fishing; and to the shore as far landward as the vegetation line; and

WHEREAS, the General Assembly recognizes the public trust doctrine's particular applicability to publicly funded beach replenishment projects;

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

Section 1. Amend §6810, Title 7 of the Delaware Code by adding a new subsection to read as follows:

"(c) Notwithstanding the provisions of subsection (a) of this section, the Secretary may undertake any or all necessary works to restore private beaches as designated by the Department, whenever two-thirds or more of the property owners in the project area along the private beach have petitioned the Department to undertake the work. The public will maintain rights on the beach landward to the dune vegetation line or the structure line, whichever is further seaward, in the area of any publicly financed project for the purposes of navigation, fishing, swimming and sunbathing. Privately financed projects may be included in a public project when the Department determines that their inclusion will enhance the public project."

Approved June 29, 1992.