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DE SB233
Bill
Status
6/3/2020
Primary Sponsor
Stephanie Hansen
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AI Summary
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Establishes a new State-level nontidal (freshwater) wetlands protection program under Chapter 66 of Title 7, complementing the existing tidal wetlands program.
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Requires permits from the Department of Natural Resources and Environmental Control for most activities in nontidal wetlands, with exemptions for established farming operations, mosquito control, and other specified activities.
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Defines nontidal wetlands based on hydrophytic vegetation, hydric soils, and wetland hydrology characteristics, using the U.S. Army Corps of Engineers Wetlands Delineation Manual (1987) as the standard for identification.
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Imposes penalties ranging from $50 to $10,000 in fines for violations, plus potential civil penalties of $1,000 to $10,000 per day and liability for restoration costs of affected wetlands.
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Requires the Department to inventory and map all State wetlands, with wetlands designations conclusive upon adoption subject to public appeal procedures and corrections based on on-site evaluations.
Legislative Description
An Act To Amend Title 7 Of The Delaware Code Relating To The Protection Of Wetlands.
Last Action
Amendment SA 1 to SB 233 - Introduced and Placed With Bill
6/10/2020