Statutes, codes, and regulations
Delaware Administrative Code
Title 7 - Natural Resources and Environmental ControlDivision of WaterWetlands and Subaqueous Lands
Wetlands Regulations
Section 7502-12.0 - Standards for Permits

7 Del. Admin. Code § 7502-12.0

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Current through Register Vol. 28, No. 4, October 1, 2024
Section 7502-12.0 - Standards for Permits
12.1 The Secretary shall consider the overall effect of the proposed activity. The Secretary may impose permit conditions designed to further the purpose of the Act. These decisions shall be based on the factors in the following subsection headings as provided in 7Del.C.§ 6604(b).
12.2 Environmental Effect - Environmental Effect shall include consideration of the effect of site preparation and the proposed activity on the following wetlands values:
12.2.1 Value of tidal ebb and flow.
12.2.1.1 Production Value: carrying organic matter to adjacent estuaries and coastal waters which serve as breeding areas for certain animal species (especially fish and shellfish).
12.2.1.2 Value as a natural protective system of absorption of storm wave energy, flood waters, and heavy rainfall, thereby decreasing flood and erosion damage.
12.2.1.3 The prevention of silting in certain harbors and inlets thereby reducing dredging.
12.2.1.4 Removal and recycling of inorganic nutrients.
12.2.1.5 Effect on the estuarine waters.
12.2.2 Habitat Value
12.2.2.1 Habitat for resident species of wildlife including furbearers, invertebrates, finfish.
12.2.2.2 Habitat for migratory wildlife species including waterfowl, wading birds, shorebirds, passerines, finfish, shrimp.
12.2.2.3 Rearing area, nesting area, breeding grounds for various species.
12.2.2.4 Habitat for rare or endangered plants.
12.2.2.5 Presence of plants or animals known to be rare generally, or unique to the particular location.
12.2.2.6 Presence of plants or animals near the limits of their territorial range.
12.2.2.7 Presence of unique geologic or wetland features.
12.3 Aesthetic Effect - Consideration of the aesthetic effect may include:
12.3.1 Presence of plants or animals of a high visual quality,
12.3.2 The presence of an associated water body.
12.3.3 Wetland type of topographic diversity.
12.4 Impact of Supporting Facilities

The supporting facilities to be considered include any public or private construction, whether or not the construction occurs in the wetlands, which would be required for the construction of operation of the proposed wetlands activity, such as roads, sewage disposal facilities, electric lines, water supply systems, and schools. Effects shall be separately determined for the lands neighboring such facilities.

12.5 Effects on Neighboring Land Uses
12.5.1 The effects of the proposed wetland activity on neighboring land use are to be considered whether or not the neighboring lands are wetlands
12.5.2 The environmental, aesthetic and economic effects of the proposed wetland activity on land uses neighboring the lands on which supporting facilities will be located may be considered.
12.6 Federal, State, Regional, County and Municipal Comprehensive Plans. Compliance of the proposed activities with the plans of the jurisdiction in which it is proposed to take place, and its impact on the plans or other affected jurisdictions.
12.7 Economic Impact

Economic Impact shall include a short and long-term evaluation of the following factors to the extent the effect is directly attributable to the proposed activity:

12.7.1 Jobs created or lost and the net income effect of jobs.
12.7.2 Increases in revenues to or increases in expenditures by State, County and Local governments (e.g., increased taxes from an increased tax base and increased expenditure for maintaining supporting facilities).
12.7.3 Increases or decreases in the value attributable to the wetlands as a source of nutrients to finfish, crustacea and shellfish and as habitat of such species or other flora or fauna of significant actual or potential economic value.
12.7.4 Increases or decreases in the value of the land as a recreational area.
12.7.5 Increases or decreases in the cost of flood control or expected flood damage which might be caused by the effect of the activity on the natural capacity of the wetland to reduce flood damage.
12.7.6 Increases or decreases in the costs of maintaining navigable harbors and waterways which would result from altering the capacity of the wetlands to absorb silt.
12.7.7 The net economic effect, both public and private, of any contemplated supporting facilities.
12.7.8 The net economic effect, both public and private, of the proposed activity on neighboring land uses.
12.8 Project design that eliminates or substantially lessens damage to the wetlands.

7 Del. Admin. Code § 7502-12.0