CHAPTER 177

FORMERLY

HOUSE BILL NO. 268

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 40, TITLE 7 OF THE DELAWARE CODE RELATING TO STORM WATER PLAN APPROVALS FOR WORK ON OR ADJACENT TO A STATE RIGHT-OF-WAY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (three-fifths of all members elected to each house thereof concurring therein):

Section 1. Amend § 4005(b), Title 7, Delaware Code, by adding the following after the last sentence thereof:

"In addition, the Department of Transportation is authorized to act as the designated plan approval agency in those situations where a public utility engages in land-disturbing activity for which a permit is required because of a project initiated by the Department of Transportation, subject to the following provisions:

(1) If the land-disturbing activity takes place on an existing right-of-way of the Department of Transportation, that Department is permitted to assess and collect a fee for this purpose which shall not exceed $125 per acre, with a $250 minimum,

(2) If the land-disturbing activity takes place adjacent to but not upon an existing right-of-way of the Department of Transportation, the fee contemplated by paragraph (1) above is waived."

Approved July 7, 1995