Statutes, codes, and regulations
Delaware Administrative Code
Title 2 - TransportationDepartment of TransportationDivision of Planning and PolicyDevelopment Coordination Manual
Chapter 5 - DESIGN ELEMENTS
Section 5.8 - STORMWATER MANAGEMENT

2 Del. Admin. Code § 5.8

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Current through Register Vol. 27, No. 12, June 1, 2024
Section 5.8 - STORMWATER MANAGEMENT

The following section applies to stormwater management for disturbed areas within the State right-of-way as a result of roadway widening for turn lanes, shoulders, etc.

DelDOT will work cooperatively with Delaware Department of Natural Resources and Environmental Control (DNREC) and delegated agencies responsible for enforcing Delaware Sediment and Stormwater Regulations (DSSR) to ensure stormwater is adequately controlled. These agencies include New Castle County Land Use Engineering, New Castle County Conservation District, Kent Conservation District (KCD), and Sussex Conservation District (SCD). See the Stormwater Links online at http://devcoord.deldot.gov > Guidance.

Stormwater management shall meet State law and regulations in terms of quality and quantity.

When determining the need for stormwater management, the impervious areas added to the existing State-maintained roadway shall be considered. If stormwater management is required, it shall be managed by a private stormwater management facility. The area of the entrance construction and roadway improvements shall be included in the analysis and clearly documented in the stormwater report.

When the proposed development is limited to the site and the entrance, the review of design and construction of a stormwater management facility is performed by a non-DelDOT delegated agency for DSSR enforcement. In this case, the non-DelDOT delegated agency shall attest that the DSSR within DelDOT right-of-way have been met and shall be documented in a memo and forwarded to DelDOT's Stormwater Engineer.

If the proposed roadway work is not contiguous with the land development proposal, the review of design and construction of a stormwater management facility shall be performed by DelDOT's Stormwater Management Section for Delaware Sediment and Stormwater Regulations (DSSR) enforcement. The Stormwater Engineer will sign the plans upon determination of full compliance of the plans and reports with the requirements of the DSSR.

If there are proposed roadway upgrades above and beyond those required by the development project, then a shared use agreement will be entered into by DelDOT and the Developer. For any BMP that is proposed within the State's right-of-way that DelDOT will be partially or fully responsible for maintaining, a GIS shapefile of the drainage area for the area treated by the BMP shall be included with the stormwater management design report and submitted to DelDOT.

The stormwater management report shall be required in order to assess conformance with the provisions of DSSR.

The following shall also apply to all stormwater management designs:

A. If stormwater runoff from a site does not discharge into the State right-of-way during pre-existing conditions, DelDOT will not allow the outflow to discharge into the State right-of-way.
B. Where the outfall for any stormwater runoff outlets into the State right-of-way, a detailed hydraulic and stormwater analysis shall be required to determine the impacts on the roadway drainage system and to ensure no adverse stormwater impacts for surrounding property owners.
C. Where the proposed stormwater runoff will alter drainage patterns, including location of discharge points into the State right-of-way, DelDOT will require supporting calculations to show that there will be no adverse impacts to the State right-of-way.
D. If there is an identified drainage problem and the proposed site will impact the problem area, the applicant shall contribute towards mitigation through management of stormwater.
E. If a stormwater management facility is proposed within the State right-of-way, the following will need to be submitted to DelDOT:
1. Coordinates of BMP (NAD83/DE State Plane)
2. BMP Data Sheet
3. BMP Identification Form: After submission of the form, DelDOT will assign a BMP identification number to be shown on the stormwater management plans.

2 Del. Admin. Code § 5.8

13 DE Reg. 1101 (02/01/10)
15 DE Reg. 551 (10/01/11)
16 DE Reg. 1199 (5/1/2013)
18 DE Reg. 240 (9/1/2014)
18 DE Reg. 709 (3/1/2015)
19 DE Reg. 938 (4/1/2016) (Final)