7 Del. Admin. Code § 7501-12.0

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

Section 7501-12.0 - Alterations to Existing Marinas

12.1 General Requirements

12.1.1 Applicants for marina alterations shall comply with all applicable Delaware Laws and Regulations. Applying for an alteration to an existing marina rather than a new marina does not relieve the applicant of responsibility for obtaining any other local, state, or federal permits or approvals that may be required for the proposed alteration.

12.1.2 Applicants for marina alterations shall comply with all requirements of this Regulation except as may be provided for otherwise in the paragraphs below. However, only the newly constructed portions of the marina (whether upland or water-based) must comply with the requirements for new marinas. Upland portions of the original, existing marina that are left undisturbed or are upgraded by the alteration, shall be brought into compliance with the requirements for new marinas only to the extent practicable.

12.1.2.1 Shoreline Protection Structures

Shoreline protection must comply with 7Del.C.,Ch. 72, and 7504 Regulations Governing the Use of Subaqueous lands.

12.2 Dredging and Dredged Material Disposal

12.2.1 Dredging to enlarge, deepen, or relocate a channel to specifications differing from the previously approved dredge plan shall constitute an alteration and must conform with Subsection 11.4.2.1.

12.2.2 Except as provided in Subsection 11.4.2.1 above, a marina alteration permit is not required for maintenance dredging provided that all spoils are placed in approved areas. However, the applicant shall obtain a letter of authorization pursuant to 7504 DelawareRegulations Governing the Use of Subaqueous Lands

12.3 Parking. Applicants for marina alterations that include an increase in the number of slips must comply with Subsection 11.4.8 above.

12.4 Stormwater Management. Marina alterations that involve changes to, or disturbance of, the upland portion of the property, must comply with Subsection 11.4.9 of these Regulations for the disturbed or altered portion of the upland property, and to the extent practicable, for the existing, unaltered portions of the property.

12.5 Operations and Maintenance Plan. An updated Operations and Maintenance Plan must be submitted for the entire marina at the time of application. The plan must cover the operation and maintenance of the original, existing portions of the marina, as well as the new, altered portions of the marina.

7 Del. Admin. Code § 7501-12.0