DE HB355

Secretary of the Department of Natural Resources or designee must review and issue authorization or denial for dock, pier, or bulkhead repair/replacement applications within 15 calendar days.

Failure to issue a decision within 15 calendar days is deemed automatic approval of the application.

Applicants may rebuild structures on the same footprint as the existing or previously existing structure if it was legal and in conformance with zoning regulations or was an allowed preexisting nonconforming use.

If the Secretary denies an application, the Secretary bears the burden of proof to show the application does not meet the criteria; applicants can recover reasonable attorney fees and expenses if the Secretary cannot meet this burden.

The State waives immunity to liability for wrongful denials and delays related to dock, pier, or bulkhead repair and replacement applications.