2 Del. Admin. Code § 2406-7.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 2406-7.0 - Consistency Review of Proposed Advanced Acquisitions

7.1 The Committee shall conduct a consistency review of proposed advanced acquisitions of real properties determined by the Department as necessary for its projects prior to approval of final right-of-way plans, real property acquisitions by the Corridor Capacity Preservation Program and for Special Property Acquisitions. This review shall be conducted prior to initiating any real property acquisitions with owners.

7.2 At the scheduled meeting for the consistency review, the Department shall present to the Committee such evidence as it deems necessary to demonstrate that the proposed acquisitions are consistent with state planning goals. This evidence shall include:

7.2.1 a detailed visual depiction of the proposed acquisitions;

7.2.2 the relevant project pages from the Capital Improvement Program adopted by the Council on Transportation, pursuant to 29 Del.C. §§ 8409 and 8419;

7.2.3 the relevant project authorizations as described in the relevant Bond and Capital Improvements Acts adopted by the General Assembly;

7.2.4 where applicable, the Department's Corridor Capacity Preservation plan for the corridor adopted in accordance with the procedures set forth in 17 Del.C. § 145 (d) for which the proposed acquisition would be made, along with other evidence showing how the acquisition furthers the Department's goals under that Program;

7.2.5 for Special Property Acquisitions, evidence showing how the proposed acquisition furthers the Department's goals for the particular project purpose, including a cost/benefit analysis and other relevant data;

7.2.6 a description of the State's Strategies for Policies and Spending, and how the project fits with those strategies.

7.3 The Committee shall conclude its consistency review indicating its support or denial of the proposed acquisition by simple majority vote of its members. A quorum must be present. The vote shall be recorded in the meeting minutes.

7.3.1 For Special Property Acquisitions made under the authority of 2 Del.C. § 1309 (5), the Committee's determination shall be considered an advisory opinion.

2 Del. Admin. Code § 2406-7.0

22 DE Reg. 545 (12/1/2018) (Final)