TITLE 7

Conservation

Agricultural and Soil Conservation; Drainage and Reclamation of Lowlands

CHAPTER 43. DREDGING AND MANAGEMENT OF LAGOONS

Subchapter II. Boards of Lagoon Management Commissioners


(a) A board of lagoon management commissioners consisting of 3 lagoon management commissioners and 3 alternate lagoon management commissioners is continued for each county within the State. Upon the expiration of the terms of office of the present and all future management commissioners, the resident judge for each county shall appoint lagoon management commissioners and alternate lagoon management commissioners, who may be selected from lists of 10 or more names submitted by the Division of Watershed Stewardship. Each lagoon management commissioner and alternate lagoon management commissioner shall be a resident landowner of the county from which that lagoon management commissioner or alternate is appointed, shall have some knowledge of lagoon management, such as sedimentation problems and its impact on navigation, and shall be familiar with land values within such county.

(b) The term of office for each lagoon management commissioner shall be 3 years. The term of office for the alternate lagoon management commissioners shall be 1 year each. A lagoon management commissioner or alternate lagoon management commissioner may be reappointed to successive terms of office. All appointments shall be effective as of August 1 of each year.

(c) In the case of the death, resignation or removal from office of a lagoon management commissioner, the vacancy shall be filled by the appointment of one of the alternate lagoon management commissioners to serve for the remainder of the term of the vacating lagoon management commissioner.

(d) Except in the case of death or removal from office, a lagoon management commissioner shall hold office until a successor has been appointed.

(e) The Division of Watershed Stewardship shall serve as secretary, without voting authority, for each of the county boards of lagoon management commissioners.

73 Del. Laws, c. 389, § 1; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 213, § 2; 77 Del. Laws, c. 430, § 29.;

In those cases where any member of the board of lagoon management commissioners owns lands within the boundary of a proposed tax lagoon, such member shall not serve as a member of said board on that particular tax lagoon, and an alternate lagoon management commissioner shall serve in the member's stead.

73 Del. Laws, c. 389, § 1.;

A chairperson of each board of lagoon management commissioners shall be designated by the members thereof and such designation may be changed from time to time. A majority of the lagoon management commissioners of each board shall constitute a quorum and the concurrence of a majority in any matter within their duties shall be required for its determination.

73 Del. Laws, c. 389, § 1; 70 Del. Laws, c. 186, § 1.;

(a) The lagoon management commissioners shall be entitled to receive reimbursement for their expenses necessarily incurred in the discharge of their duty at a per diem rate set by the Secretary of the Department of Natural Resources and Environmental Control, not to exceed $50, plus mileage reimbursement at the rate established in § 7102 of Title 29, as amended. The lagoon management commissioners shall be reimbursed for said expenses by the landowners petitioning to have a tax lagoon formed. Such reimbursement shall be made from funds deposited in advance by the petitioners at the time the petition is filed or from the first moneys collected by the tax lagoon after it is organized, the manner to be decided by the Division of Watershed Stewardship.

(b) Lagoon management commissioners will be reimbursed for their expenses incurred in the discharge of their duties in connection with the formation of a tax lagoon after the lagoon order has become effective, or at such time as the Superior Court issues an order denying the petition for the formation of the tax lagoon.

73 Del. Laws, c. 389, § 1; 77 Del. Laws, c. 430, § 30.;

The Department of Natural Resources and Environmental Control shall employ personnel qualified by experience in structural engineering, bulk heading, dredging and soil work to assist it in carrying out its functions under this chapter and to perform related duties within the Division of Watershed Stewardship.

73 Del. Laws, c. 389, § 1; 77 Del. Laws, c. 430, § 31.;

The Department may employ such personnel and obtain by purchase or otherwise such supplies and equipment as are necessary to carry out this chapter.

73 Del. Laws, c. 389, § 1.;