SB 64 Summary

• Establishes a new Chapter 44 in Title 7 of Delaware Code to create minimum floodplain and drainage standards, directing the Secretary of DNREC to develop guidance within 9 months after consulting with a 32-member Floodplain and Drainage Advisory Committee representing state agencies, local governments, and private interests.

• Requires the three county governments and all municipal governments to review their codes and ordinances within 6 months of standard adoption to determine compliance and identify implementation hardships, with DNREC compiling results into a report to the General Assembly by March 15, 2013.

• Authorizes the Secretary of DNREC to waive regulatory provisions under wetlands regulations (Chapter 66) and subaqueous lands regulations (Chapter 72) in emergencies, for public safety actions, when catastrophic infrastructure damage is imminent, or when overlapping jurisdictions with other statutes exist (Shellfish Grounds, Beach Preservation) with equal environmental review.

• Addresses Delaware's vulnerability to flooding by referencing that 331 square miles (17% of state land) lies in the 100-year floodplain, 621 road miles and 18,000 structures are at risk, and poor drainage standards have cost taxpayers an estimated $65 million since 1996.