7 Del. Admin. Code § 7501-2.0

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

Section 7501-2.0 - Purpose and Scope

2.1 Purpose. The provisions of these Regulations shall establish minimum requirements for the siting, design, construction, and operation of marinas to serve the needs of boaters, while properly managing the State's natural resources, and protecting public health. For the purposes of this Regulation, marinas shall be those facilities on or adjacent to the water which provide for mooring, berthing, or storage of vessels, and which include any or all of the related ancillary structures and functions of marinas such as docks, piers, vessel storage areas, boat ramps, anchorages, breakwaters, channels, moorings, basins, vessel repair services, vessel sales, sales of supplies which are normally associated with boating, such as vessel fuel sales, bait and tackle sales, vessel rentals, and parking areas for users of the marina. Marinas can be categorized as recreational operations which are not operated for profit and include planned community marinas, water sports clubs and co-ops, commercial facilities which are operated for profit, or public facilities operated by governmental agencies.

Within the commercial, recreational, and public marina categories, there are general types of marinas that are commonly found in Delaware waters. (Also see Definitions, Section 3.0). These include: full service marinas, vessel repair/maintenance yards, fishing facilities (including charter boat operations), residential or planned community marinas, water sports club marinas, anchorages or mooring fields, and boat ramps.

2.2 Applicability. These Marina Regulations shall apply to:

2.2.1 Any commercial, public, recreational, or private marina that is on or adjacent to the water and:

1) contains five or more slips, or

2) provides berthing for one or more headboats.

2.2.2 Any vessel maintenance or repair yard that is on or adjacent to the water.

2.2.3 All public or commercial boat ramps.

2.2.4 Recreational boat ramps with five or more slips, or associated upland ancillary facilities such as fueling or vessel maintenance facilities.

2.3 Exemptions. These Marina Regulations shall not apply to:

2.3.1 Private slips or ramps. Private slips or ramps are exempt from the requirements of this Regulation, except any combination thereof that qualifies as a marina, as described in the Applicability section, above.

2.3.2 Recreational Boat Ramps: Recreational ramps are exempt if they are for the exclusive use of the owner(s), residents, or members and are thus designated, unless additional facilities are provided which qualify the ramp as a marina, as described in Section 2.d, above.

2.4 Authority. Authority for these Regulations is in accordance with 7Del.C.,Ch. 60, Water and Air Resources Act, 7Del.C.,Ch. 72, The Subaqueous Lands Act, 7Del.C.,Ch. 66, The Wetlands Act and 7Del.C.Ch. 19, Shellfish.

2.5 General standards, prohibitions and provisions

2.5.1 No person shall construct, install, modify, rehabilitate, or replace a marina unless such person has a valid permit issued by the Department pursuant to these Regulations.

2.5.2 Administrative and judicial review under these Regulations shall be in accordance with the provisions of 7Del.C.,Ch. 72.

2.5.3 These Regulations, being necessary for the health and welfare of the State and its inhabitants, shall be liberally construed in order to preserve the land, air, surface water, and groundwater resources of the State.

2.6 Emergency Conditions. If the Secretary finds that an emergency condition exists which may result in adverse environmental impacts, DNREC may waive appropriate portions of these Regulations, or the conditions of any permit or plan approved and/or issued under these Regulations, in order to deal with the emergency. Economic hardship alone will not be considered an emergency condition.

2.7 Marina Guidebook. The Department of Natural Resources and Environmental Control maintains a Marina Guidebook which contains useful information about the planning, design, and operation of marinas. This guidebook can be used as a public service, as an educational tool, and for technology transfer.

2.8 Effective Date. These Regulations shall become effective on March 29, 1990.

7 Del. Admin. Code § 7501-2.0