7 Del. Admin. Code § 7502-5.0

Current through Register Vol. 28, No. 4, October 1, 2024
Section 7502-5.0 - Definitions

"Activity" means any dredging, draining, filling, bulkheading, construction of any kind, including but not limited to, construction of a pier, jetty, breakwater, boat ramp, or mining, drilling, or excavation.

"Board" means the Wetlands Appeal Board.

"Commercial Projects" means those activities undertaken that benefit more than one family or for which a fee will be charged.

"Department" means the Department of Natural Resources and Environmental Control.

"Division" means the Division of Water Resources of the Department of Natural Resources and Environmental Control.

"Dock" shall mean a structure used to secure a boat or to provide access to a boat from upland areas.

"Economic Effect" means the net results of both direct and secondary effects, comparing expenditures and revenues generated by the proposed activity.

"Emergencies" means those events which could not reasonably have been foreseen and which would have serious consequences if not promptly corrected.

"Foot Bridge" means a structure, no wider than three (3) feet that does not project into open water and is not a dock.

"Maintenance Dredging" means restoration of a channel to a depth no greater than allowed by a previous project or permit.

"Mean High Water Mark" means the average height of the high waters over a 19 year period as determined by the Department, using standard methods and collected data of the National Ocean Survey (formerly U. S. Coast and Geodetic Survey).

"Neighboring Land Uses" means uses on land within 1000 feet of the project as measured in a straight line from the edge of the project activity upon which the proposed activity may be expected to have an impact.

"Private Projects" means those activities which benefit only one owner and for which no fee is charged.

"Productive Wetlands" means those wetlands which are functioning to produce one or more of the following wetlands values:

(a) sources, indirect or direct, of nutrients to finfish, crustacea, and shellfish of significant economic and ecological value;
(b) habitats for animals of significant economic and ecological value;
(c) marine commerce, recreation, and aesthetic enjoyment;
(d) flood control;
(e) erosion control;
(f) traps for suspended sediments, including silts and clays;
(g) biological purification of river, bay, and estuary waters.

"Secretary" means the Secretary of the Department of Natural Resources and Environmental Control.

"Structure" means any pier, jetty, breakwater, boat ramp or other piece of work built by humans.

"Wetlands" means those lands above the mean low water elevation including any bank, marsh, swamp, meadow, flat or other low land subject to tidal action in the Sate of Delaware along the Delaware Bay and Delaware River, Indian River Bay, Rehoboth Bay, Little and Big Assawoman Bays, the coastal inland waterways, or along any inlet, estuary or tributary waterway or any portion thereof, including those areas which are now or in this century have been connected to tidal waters, whose surface is at or below an elevation of two feet above local mean high water, and upon which may grow or is capable of growing any but not necessarily all of the following plants:

Eelgrass (Zostera marina), Widgeon Grass (Ruppia maritima), Sago Pondweed (Potamogeton pectinatus), Saltmarsh Cordgrass (Spartina alterniflora), Saltmarsh Grass (Spartina cynosuroides), Saltmarsh Hay (Spartina patens), Spike Grass (Distichlis spicata), Black Grass (Juncus gerardii), Switch Grass (Panicum virgatum), Three Square Rush (Scirpus americanus), Sea Lavender (Limonium carolinianum), Seaside Goldenrod (Solidago sempervirens), Seablite (Suaeda maritima), Seablite (Suaeda lineraris), Perennial Glasswort (Salicornia virginica), Dwarf Glasswort (Salicornia Bigelovii), Samphire (Salicornia europaea), Marsh Aster (Aster Tenuifolius), Saltmarsh Fleabane (Pluchea purpurascens var. succulenta), Mock Bishop's Weed (Ptilimnium capillaceum), Seaside Plantain (Plantago oliganthus), Orach (Atriplex patulavar.hastata), Marsh Elder (Iva frutescens var. oraria), Groundsel Bush (Baccharis halimifolia), Bladderwrack (Fucus vesiculosus), Swamp Rose Mallow, Seaside Hollyhock or Marsh Mallow (Hibiscus palustris), Torrey Rush (Scirpus torreyi), Narrow-leaved Cattail (Typha angustifolia), and Broad-leaved Cattail (T. latifolia) and those lands not used for agricultural purposes in 1973, containing four hundred (400) acres or more of contiguous non-tidal swamp, bog, muck, or marsh exclusive of narrow stream valleys and tax ditches where fresh water stands most, if not all of the time due to high water table, which contribute significantly to ground water recharge, and which would require intensive artificial drainage using equipment such as pumping stations, drain fields or ditches for the production of agricultural crops.

7 Del. Admin. Code § 7502-5.0