TITLE 7

Conservation

Natural Resources

CHAPTER 66A. NONTIDAL WETLAND STANDARDS


It is the purpose of this chapter to promote public health, safety, and general welfare through the conservation and restoration of nontidal wetlands, which provide significant public value and critical ecological functions through the mitigation and prevention of flood damage, provision of wildlife habitat, removal of pollutants from water resources, and reduction in costs for governments, residents, and businesses that result when wetlands are degraded.

79 Del. Laws, c. 147, § 1.;

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them except where the context clearly indicates a different meaning:

(1) "Department" shall mean the Department of Natural Resources and Environmental Control.

(2) "Secretary" shall mean the Secretary of the Department of Natural Resources and Environmental Control.

79 Del. Laws, c. 147, § 1.;

(a) The Secretary shall, by January 31, 2015, and through consultation with a Wetland Advisory Committee (Committee) established under this section, develop wetland protection priorities for the State of Delaware and recommend for consideration by the General Assembly a comprehensive approach for improving nontidal wetland conservation, restoration, and education within the State.

(b) The Committee shall consider nationally recognized best practices and standards, as well as actions that surrounding states have implemented in the way of incentive programs, policies, and assumption of regulatory roles. The Committee shall also evaluate the permitting process for activities regulated by state and federal agencies with the goals of reducing duplication, providing efficient 1-stop permitting, and improving the State's ability to account accurately for cumulative and individual impacts.

(c) The Committee shall consist of the following members:

(1) One member of the Delaware Farm Bureau appointed by the President of the Delaware Farm Bureau;

(2) One representative of the Delaware State Bar Association Real and Personal Property Section, appointed by the President of the Delaware State Bar Association;

(3) One representative of the Delaware Association of Realtors, appointed by the President of the Delaware Association of Realtors;

(4) One representative from the U.S. Army Corps of Engineers Philadelphia District Regulatory Branch;

(5) One representative of the Home Builders Association of Delaware appointed by the President of the Home Builders Association of Delaware.

(6) One representative of the Delaware League of Local Governments from each county, appointed by the President of the Delaware League of Local Governments from each county.

(7) One representative of the Committee of 100 appointed by the President of the Committee of 100.

(8) Two representatives of Delaware environmental organizations selected by the Secretary.

(9) Two representatives from outdoor recreation and wildlife conservation organizations selected by the Secretary.

(10) One representative of the Delaware Department of Transportation appointed by the Secretary of the Department of Transportation.

(11) One representative of the Delaware Department of Agriculture appointed by the Secretary of Agriculture.

(12) One representative of the Delaware Forestry Association.

(13) One representative of each of the three County government planning agencies, as an employee of these agencies.

(14) One representative of Delaware Chapter of the American Council of Engineering Companies (ACEC).

(15) Two representatives of the Department of Natural Resources and Environmental Control appointed by the Secretary.

(16) Two members of the Delaware Senate appointed by the President Pro Tempore and 2 members of the Delaware House of Representatives, appointed by the Speaker of the House, 1 from each major political party of each governing body.

(17) One representative of the U.S. Department of Agriculture Farm Service Agency appointed by the State Executive Director.

(18) One representative of the U.S. Department of Agriculture Natural Resources Conservation Service appointed by the State Conservationist.

(d) The Chair of the Committee shall be selected by the Secretary. The Committee shall organize and hold its first meeting by September 29, 2013, and shall be staffed by DNREC.

(e) The DNREC shall compile the results of the Committee recommendations, develop a draft report, and reconvene the Committee to review the draft report and solicit feedback before finalizing the report of recommendations. The Secretary shall deliver an interim report of the work of the Committee to the General Assembly no later than May 1, 2014, and deliver the final report of recommendations no later than December 31, 2014.

79 Del. Laws, c. 147, § 1.;