7 Del. Admin. Code § 7502-7.0

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

Section 7502-7.0 - Condition for Permits

7.1 No permit will be issued to:

7.1.1 Dredge any channel through the wetlands deeper than the existing depth or the controlled channel depth specified by the Corps of Engineers at the point of connection to the adjacent navigable waterway to which the dredge channel is directly connected. A lesser depth may be specified by the Secretary in furtherance of the purposes of the Act.

7.1.2 Dredge any channel through the wetlands that has only one outlet to navigable water through which the normal tide ebbs and flows unless the channel is equipped, by aerators or other means, to maintain the Water Quality Standards for Streams that are issued from time to time by the Department.

7.1.3 Dredge channels through the wetlands with sides more nearly vertical than a slope that rises one foot vertically for each three feet of horizontal distance except where conditions of soil composition prevent slope stabilization, so that bulkheading must be used.

7.1.4 Utilize wetlands for any activity unless it:

7.1.4.1 Requires water access or water for the central purpose of the activity; and

7.1.4.2 Has no alternative on adjoining non-wetland property of the owner.

7.1.5 Building bulkheads on wetlands higher in elevation than the surface of the natural land. Navigational aids that do not prevent the ebb and flow of the tide may be higher.

7 Del. Admin. Code § 7502-7.0