Agricultural and Soil Conservation; Drainage and Reclamation of Lowlands


Subchapter I. General Provisions

It is declared that the removal of accumulated sediment from artificially constructed lagoons and the management of such lagoons for navigational improvement shall be considered a public benefit and conducive to the public health, safety and welfare.

73 Del. Laws, c. 389, § 1.;

It is the purpose of this chapter in carrying out the policy declared in § 4301 of this title to provide a basis for a uniform system for establishing, financing, administering, maintaining and dissolving lagoon organizations in the State under the supervision of the Department of Natural Resources and Environment Control to the end that the improvement and management of these waterways may be accomplished in a workable and practicable manner.

73 Del. Laws, c. 389, § 1.;

For the purposes of this chapter, unless otherwise specifically defined, or another intention clearly appears, or the context requires a different meaning:

(1) "Benefits" include, but shall not be limited to, the privilege of participating in a cooperative system for the management of water and sediment from one's lands by a tax lagoon formed under this chapter.

(2) "Dredging" means water and sediment management by lagoon areas to safely remove accumulated sediment.

(3) "Lagoon" means a manmade body of water constructed for the purpose of residential housing and mooring of recreational boats and directly connected to tidal waters.

(4) "Landowner" or "owner" means that person or group of persons in whom the entire title to a certain tract of land is vested.

(5) "Sediment management" means the removal, storage or application of sediment or earth by intentional means, including but not limited to the dredging thereof of subaqueous lands.

(6) "Taxable" means any person entitled to vote under this chapter.

(7) "Water management" means the improvement of water by intentional means for the purpose of navigation.

73 Del. Laws, c. 389, § 1.;