CHAPTER 236

FORMERLY

SENATE BILL NO. 178

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE BEACH PRESERVATION ACT.

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

Amend § 6805 Title 7 of the Delaware Code by deleting paragraph (d) in its entirety and replacing it with the following”:

“(d) The Department shall grant or deny a permit or letter of approval required by subsections (a) and (c) of this section in accordance with duly promulgated regulations. If any structure proposed to be built seaward of the building line could reasonably be reduced in size or otherwise altered in order to eliminate or diminish the amount of encroachment over the building line, the Department shall require such reduction or alteration as a condition of granting the permit or letter of approval. Notwithstanding any provision of this section or regulations adopted by the Department, no property owner shall be prevented within the regulated area from repairing, modifying, modernizing, updating, or improving their existing structure, or, by performing such actions, be required to relocate or reduce in size so long as these repairs, modifications, or improvements are within the existing structure’s foot print.”

Approved June 18, 2008