7 Del. Admin. Code § 101-7.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 101-7.0 - Requests for Status Decisions

7.1 Any person wishing to initiate a new activity or facility may request a status decision to determine whether or not the activity requires a permit, is exempt from permitting, or is prohibited.

7.2 Status decision requests must be in writing on a form supplied by the Secretary and shall include, at a minimum, the following:

7.2.1 Name, address and contact person for the activity or facility under consideration;

7.2.2 Location of proposed activity marked on a map or site plan;

7.2.3 A detailed description of the proposed activity under consideration;

7.2.4 An impact analysis of the proposed project on the six (6) criteria contained in subsection 6.1.3 above.

7.3 Any new manufacturing facility or research and development facility proposed to be sited in the Coastal Zone shall apply for a status decision.

7.4 The Secretary may, if there is cause to suspect an activity within the confines of the Coastal Zone is prohibited or should receive a permit under these regulations, request of the person undertaking that activity to apply for a status decision as described in this section. Failure of the person to respond to the Secretary's request shall subject said person to enforcement procedures as contained in the Act and/or Section 18.0 of these regulations.

7.5 After determining that a request for a status decision is administratively complete, the Secretary shall publish a legal notice as prescribed in Section 14.0 of these regulations advising the public of the receipt of the request and allowing 10 business days for interested persons to review the request and provide the Secretary with input on whether a permit should be required of the applicant.

7.6 The Secretary shall within 15 business days of the close of the comment period in subsection 7.5, email the applicant that determination. The Secretary shall publish the determination as a legal notice as prescribed in Section 14.0 of these regulations.

7 Del. Admin. Code § 101-7.0

23 DE Reg. 222 (9/1/2019)
23 DE Reg. 322 (10/1/2019) (Final)