7 Del. Admin. Code § 2201-1.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 2201-1.0 - Delaware Coastal Management Program Summary

1.1 Forward

1.1.1 The Coastal Zone Management Act (CZMA) was signed in 1972 (P.L. 92-583). It has since been amended, most recently in 2005. The Act and its amendments affirmed a national interest in the effective protection and development of the coastal zone. The CZMA authorized the Federal Grant-in-aid program to be administered by the Secretary of Commerce. They in turn appointed the National Oceanic and Atmospheric Administration (NOAA) as the responsible authority for the federal CZMA.

1.1.2 In response to the CZMA of 1972, Delaware prepared a Final Environmental Impact Statement (FEIS) for the development of a coastal program and submitted it to NOAA. In 1979, the Delaware Coastal Management Program was approved by NOAA under authority of the CZMA ( 15 CFR Part 923). The FEIS established the Delaware Coastal Management Program (DCMP), as well as its goals and policies and became Delaware's Program Document. This document was subsequently updated. The Department of Natural Resources and Environmental Control (DNREC) is the agency responsible for administering the State's Coastal Management Program.

1.1.3 Section 307 of the CZMA provides states with approved coastal management programs the authority to review federal activities (agency actions, licenses or permits, assistance, and Outer Continental Shelf exploration) for consistency with State coastal management policies.

1.1.4 The purpose of this 2018 Policy Document is to revise and update the 2011 Policy Document. Many of Delaware's environmental regulations have been updated to comply with the Delaware Administrative Code Drafting and Style Manual since 2011. This update reflects those changes.

1.2 Routine Program Change

Section 306 of the Coastal Zone Management Act, as amended, provides states with a means to update their coastal programs with approval from NOAA. This procedure is called a Routine Program Change (RPC). NOAA issued new guidance in July, 1996 regarding RPCs. The DCMP submitted the current modifications to NOAA for review and determined this to be an administrative update.

1.3 Delaware's Coastal Management Area

Delaware has defined its Coastal Management Area as the entire State for the purposes of the federally approved coastal management program.

1.4 Delaware Coastal Zone Act and The Delaware Coastal Management Program

The State of Delaware promulgated the Delaware Coastal Zone Act (7 Del.C. Chapter 70) in the early 1970's. This State law allows the DNREC to regulate industry in the State Coastal Zone of Delaware. The State Coastal Zone is defined in the statute. It is approximately any lands and waters east of State Routes 13, 113, and 1 (north-south corridors), and an area on the north and south of the Chesapeake and Delaware Canal. Due to the similarity in names, the State Coastal Zone, as defined in 7 Del.C. Chapter 70, is referred to heretofore as the Coastal Strip in this document. The Delaware Coastal Zone Act is incorporated into the DCMP Policy Document. Industrial development activities within the Coastal Strip require a permit from the DNREC.

7 Del. Admin. Code § 2201-1.0

22 DE Reg. 407 (11/1/2018) (Final)