DNREC Announces New Law Streamlining Delaware’s Subaqueous Lands Permitting
Governor Matt Meyer has signed House Bill 456, updating Delaware’s Subaqueous Lands Act to speed up permitting and simplify the process for work on submerged lands and tidal waters. The law establishes processing timelines for small residential docks, expands general permits for lower-impact projects such as utility lines and minor road crossings, and eliminates some duplicative state reviews. The bill also creates a seven-member Marine Contractors and Consultants Licensing Board to help oversee licensing of contractors working on submerged lands, a system requested by the state’s marine contracting industry. For more information about DNREC’s subaqueous lands permitting program, visit the de.gov/wetlandpermits webpage.
A private boat dock extends into the Lewes-Rehoboth Canal. A new state law streamlines DNREC’s permitting process for small residential docks and other activities on Delaware’s submerged lands and tidal waters./Delaware DNREC photo (news.delaware.gov)
Additional Information from DNREC:
Delawareans who need permits to build docks, install utility lines or undertake other work on Delaware’s submerged lands and tidal waters will see faster decisions and a clearer path though the approval process under a law signed last week by Gov. Matt Meyer.
House Bill 456, which updates Delaware’s Subaqueous Lands Act, applies to permits needed for activities on riverbeds, lake bottoms, streams and tidal lands. Sponsored by Rep. Cyndie Romer, Rep. Ronald Gray and Sen. Kyra Hoffner, the bill is part of Gov. Meyer’s and DNREC’s recent attention to improving environmental permitting.
“We are cutting the time Delawareans can expect for a straightforward dock permit or a utility line crossing, with clear timelines and more certainty for applicants,” Gov. Meyer said. “DNREC water permitting staff has been identifying ways to improve, and that’s what effective, responsive government looks like.”
“We’ve made permitting reform a real priority and this bill reflects the work of our expert staff alongside General Assembly members who heard from businesses and property owners about where the system needed to change,” DNREC Secretary Greg Patterson said. “Thanks to their thoughtful evaluation of permit processes, Division of Water staff identified ways to reduce time and steps in some areas so they can focus on others where we can have the most impact protecting Delaware’s water resources.”
HB 456 establishes enforceable processing timelines for small residential docking structures, defined as private dock structures of no more than 300 square feet. The department must notify applicants within 30 days whether an application is administratively complete. If DNREC has not issued or denied a permit within 120 days of receiving a complete application, the permit is automatically granted, provided a licensed contractor or consultant has certified the project poses no public safety or navigational hazard, does not disturb adjacent riparian rights and does not unduly restrict public access to subaqueous lands.
The law also expands the use of general permits, which authorize categories of routine, lower-impact activities statewide rather than requiring individual reviews. New general permits will cover:
- Linear utility infrastructure, including water, sewer, stormwater and telecommunications lines
- Small residential docking structures
- Voluntary aquatic habitat restoration projects, through an expedited process
- Minor road crossings in tidal subaqueous lands
- Minor bank stabilization in tidal subaqueous lands
- Placement of navigational aids and public signage
- Use of pilings in nontidal subaqueous lands under specified conditions
Effective Sept. 19, activities on private nontidal subaqueous lands already authorized under a U.S. Army Corps of Engineers Nationwide Permit, and accompanied by a state Water Quality Certification
where required, will be explicitly exempt from state subaqueous review, eliminating duplication.
The law lets the DNREC Secretary delegate certain permitting decisions to Department staff. Previously, the Secretary was required to personally sign every subaqueous lands leases; under HB 456, that can be delegated to staff for leases involving 2,500 square feet or less, eliminating a step.
HB 456 also creates a Marine Contractors and Consultants Licensing Board to assist DNREC in licensing individuals and entities that work on submerged lands or tidelands. The seven-member board will be designated by the Secretary. DNREC retains exclusive licensing authority and will develop regulations governing both the licensing program and the board’s operation. Six months after regulations are finalized, permit applications will be required to be submitted by a board-licensed individual or entity. The licensing structure responds to a longstanding request from Delaware’s marine contracting industry for a state credential system similar to neighboring states, with a goal to raise application quality and reduce back-and-forth delays in reviews.
The new law initiated by DNREC builds on the Division of Water’s agency’s continuing effort to modernize environmental permitting. The Residential Services Section launched interactive online dashboards allowing homeowners, contractors and the public to check application status, view their place in a review queue and retrieve issued permit documents for its highest-volume permits.
The Wetlands and Waterways Section also expanded its Statewide Activity Approval program to cover additional low-impact activities, providing qualifying projects with a more streamline authorization process, and issued its first General Permit, which provides an expedited pathway for adding a floating dock, boat lift or kayak float within an existing slip at a permitted docking structure on Delaware’s tidal subaqueous lands. The Wetlands and Waterways Section also developed an interactive Application Wizard to guide applicants to the appropriate authorization pathway based on their project, reducing uncertainty during the permitting process.
For more information about DNREC’s subaqueous lands permitting program, visit the de.gov/wetlandpermits webpage.