7 Del. Admin. Code § 7501-4.0

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

Section 7501-4.0 - Permits and Approvals

4.1 Applicant. An Applicant shall be the property owner of record, lessee, or designated representative thereof, of any marina for which a permit application or operation and maintenance plan is filed. If the applicant is not the record owner or lessee, the applicant must demonstrate that he shall become one or the other before the permit is issued or the operation and maintenance plan is approved.

4.2 Construction of New Marinas or Alteration of Existing Marinas

4.2.1 All construction for new marinas and for alterations to existing marinas shall require a marina permit from the Department. The applicant shall be responsible for obtaining any other local, state, or federal permits or approvals that may be required for the proposed construction or alteration.

4.2.2 All applications for permits for construction or alterations shall be in a form approved by the Department.

4.2.3 Applicants shall provide a Siting and Design Study (SDS) for new marina applications. The SDS studies or investigations shall be site-specific. The type of studies or investigations that are necessary to prove environmental safety and support an application shall be based upon the existing ecological conditions, including physical, biological, and chemical characteristics of the site, the existing hydrological conditions, the existing marinas in the area (demand for, capacity of, type and quality, etc.), and other site qualities such as required under Section II, Requirements for Siting and Designing New Marinas. All proposals for study or investigation shall be presented to the Department for review and shall be based upon sound scientific principles. Such proposals shall be modified, if warranted, based upon Department comments prior to initiation. The studies shall be conducted by individuals qualified to utilize methods of collection and analysis which are recognized and accepted by the Department.

4.2.4 The individuals recognized as acceptable to the Department for data collection, analyses, studies, and investigations shall have experience with techniques generally recognized by experts in the field. Ecological studies shall be conducted by individuals experienced and educated in ecological relationships typical of the waterbody in question (fresh, brackish, tidal, estuarine, or oceanic). Chemists, engineers, hydrologists, toxicologists, economists, architects, land planners, etc., shall also be educated and experienced in their particular field as it pertains to the specific characteristics of the proposed project.

4.2.5 Supplemental studies or investigations to support the SDS may be required by the Department.

4.3 Permit Processing Procedures

4.3.1 Pre-application Meetings. If requested by the Applicant, the Department will conduct pre-application meetings to discuss the requirements for a particular project, prior to preparation of the marina permit application.

4.3.2 Application Review and Processing Procedures

4.3.2.1 Review Criteria. The Department will evaluate permit applications based on their predicted impacts to Delaware's land, water, underwater, and air resources in order to ensure proper management, protection, conservation, andutilization of those resources in accordance with7Del.C.,Ch. 60, 66 and 72.

4.3.2.2 Incomplete Applications. The Department will first review applications to determine if they are reasonably complete and will return incomplete applications to the applicant. An active file will not be created for returned applications.

4.3.2.3 Active/Inactive Applications. If an application is determined to be reasonably complete, but additional information issubsequently requested by the Department and the applicant fails to provide that information within 180 days of receiving such request, the application will be considered to be inactive. Exceptions may be granted for cases in which the data or information requested cannot reasonably be supplied within the 180 day period. The Department may return inactive applications. Once an application has been returned, the applicant must submit a new application in order to re-activate the file, including paymentof any fees that are required for new applications.

4.3.2.4 Public Notice: Upon receipt of an application which is determined to be reasonably complete, the Department will:

4.3.2.4.1 Advertise receipt of the application in two (2) newspapers of statewide circulation.

4.3.2.4.2 Receive public comments for 45 days from the date of notice.

4.3.2.4.3 Allow the applicant to respond to questions posed by the Department and the public within the time period defined for active applications.

4.3.2.4.4 Publish a public notice of the final completed application.

4.3.2.4.5 Receive requests for a public hearing and additional comments for 20 days from the date of notice.

4.3.2.5 Public Hearing

4.3.2.5.1 If a meritorious request for a public hearing is received or if the Department decides that a hearing would be in the public interest, applicable procedures for notice and conduct will be followed in accordance with 7Del.C.,§§ 6006, 6609 and 7207. The costs of such hearings shall be charged to the applicant. These costs may include the costs of publication of the notice of the hearing, charge for the hearing room, if any, costs for recording, transcription, and copying the proceedings, and other costs directly related to the hearing. No charge will be made for the salaries and expenses of the public officials involved in the hearing.

4.3.2.5.2 Final Issuance or Denial of Application. Following the receipt of public comments and/or a public hearing if held, the Department will make a final evaluation of all information on record for the project and will either issue a permit or deny the application. Once a denial has been issued, any subsequent submittals will be considered as a new application requiring payment of appropriate fees.

4.4 Fees. Each application shall be accompanied by a non-refundable application fee established by the General Assembly. This fee shall cover the costs of handling and evaluating the application, and other expenses of administering the marina program. In accordance with 7Del.C.,§ 6003(h), no fee will be required when the applicant is a state or federal government agency or political subdivision of the State of Delaware.

4.5 Enforcement and Penalties. The provisions of this Regulation shall be enforced by the Secretary as provided in 7Del.C.,§§ 6005, 6013, 7214 and 6617. Such enforcement may include revocation of any permit for cause. The failure of the Department to enforce any of the provisions of this Regulation shall not constitute a waiver by the Department of any such provisions.

4.6 Appeal to the Board

4.6.1 As provided by 7Del.C.,§ 6008, any person whose interest is substantially affected by any action of the Secretary may appeal to the Environmental Appeals Board (Board) within 20 days after the Secretary has announced the decision.

4.6.2 As provided by 7Del.C.,§ 7210, a decision by the Secretary to deny a permit on any matter involving state-owned subaqueous lands, cannot be appealed to the Board.

4.7 Appeal from the Board's Decision

Any person aggrieved by any decision of the Board, may appeal to the Superior Court for the county in which the activity in question is principally located by filing a petition as provided in 7Del.C.,§ 6009. Such petition must be made within 30 days of the Board's decision.

4.8 Variance. The Secretary may, upon request by the applicant, grant a variance from any section of this Regulation as provided in 7Del.C.,§ 6011 after following the notice and public hearing procedures outlined therein.

7 Del. Admin. Code § 7501-4.0