A Guide to the Delaware Coastal Management Program Requirements, Process, and Compliance

The Delaware Coastal Management Program: A Comprehensive Guide provides a thorough exploration of the state's regulatory framework for protecting and managing its invaluable coastal resources. This guide delves into the program's applicability, key provisions, and compliance obligations, offering a clear roadmap for navigating the complexities of coastal development in Delaware. By examining the program's structure, prohibited activities, and permitting requirements, readers will gain a solid understanding of how to plan and execute projects that adhere to the state's coastal management objectives. The guide also sheds light on recent regulatory developments and the potential future direction of the program, ensuring that readers stay well-informed and prepared to adapt to evolving challenges. With its focus on practical guidance and actionable insights, this guide serves as an indispensable resource for successfully managing projects within Delaware's cherished coastal areas.

GENERAL INFORMATION

Key Details of the Delaware Coastal Management Program

Issuing Agency: Delaware Department of Natural Resources and Environmental Control (DNREC)
Year Established: 1979
Last Amended: 2019
Statutory Authority: The Delaware Coastal Zone Act[^0]
Primary Legal Reference: Title 7, Chapter 70 of the Delaware Code[^1]

Overview of the Delaware Coastal Management Program

The Delaware Coastal Management Program (DCMP) operates within the broader framework of the federal Coastal Zone Management Act (CZMA) of 1972. The DCMP was established in 1979 to manage and protect Delaware's coastal resources in accordance with the CZMA. The program is administered by the Delaware Department of Natural Resources and Environmental Control (DNREC) and works in collaboration with other state agencies, local governments, and stakeholders to achieve its goals.

The primary objectives of the DCMP are to protect and manage Delaware's coastal resources, including wetlands, beaches, dunes, and estuaries, while balancing economic development and public access. The program implements these goals through a combination of planning, permitting, and enforcement mechanisms.

Over the years, the DCMP has undergone several amendments to adapt to changing environmental conditions and development pressures. In 2019, significant updates were made to the program to streamline permitting processes and enhance coordination among state agencies.

The DCMP's jurisdiction covers the entire state of Delaware, with a focus on the coastal zone, which extends from the state's coastline to the inland boundary of the state's coastal watersheds.

What does the Delaware Coastal Management Program protect?

The Delaware Coastal Management Program protects a wide range of coastal resources, including:

1. Wetlands: The DCMP protects tidal and non-tidal wetlands from dredging, filling, and other development activities that could degrade their ecological functions, such as flood control, water quality improvement, and habitat provision.
2. Beaches and Dunes: The program safeguards beaches and dunes from erosion, sea-level rise, and human activities that could compromise their natural protective and recreational values.
3. Estuaries: The DCMP works to maintain the health and productivity of Delaware's estuaries, which serve as critical nursery grounds for fish and wildlife and support a variety of human uses, such as fishing, boating, and tourism.
4. Coastal Waters: The program regulates point and nonpoint source pollution to protect the quality of Delaware's coastal waters for swimming, fishing, and other uses.
5. Coastal Habitat: The DCMP conserves and restores coastal habitats, such as salt marshes, seagrass beds, and oyster reefs, which provide essential ecosystem services and support diverse plant and animal communities.

[^0]: Del. Code Ann. tit. 7, §§ 7001-7013 (2021), https://delcode.delaware.gov/title7/c070/index.html [^1]: Ibid.

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Delaware Coastal Management Program (DCMP) is a comprehensive environmental regulation that aims to protect and manage the state's coastal resources while balancing economic development and public access. The program regulates a wide range of activities and entities that have the potential to impact Delaware's coastal areas, including industrial facilities, commercial developments, and public infrastructure projects.

The DCMP applies to various industries and sectors, such as:

• Oil and gas exploration and production
• Chemical and petrochemical manufacturing
• Electric power generation
• Port and shipping operations
• Beachfront and coastal development
• Dredging and filling activities

Under the DCMP, certain activities and substances are strictly prohibited due to their potential to cause significant harm to coastal ecosystems and resources. These prohibitions include:

1. Discharging untreated waste or effluent into coastal waters
2. Dumping or disposing of hazardous materials in coastal areas
3. Destroying or damaging wetlands, dunes, or other critical coastal habitats
4. Constructing new oil and gas facilities within designated coastal zones
5. Mining or extracting sand, gravel, or other minerals from coastal beaches and dunes

These prohibitions are based on scientific evidence and environmental impact assessments that demonstrate the severe and often irreversible damage these activities can cause to coastal ecosystems, wildlife, and natural resources. By strictly regulating these activities, the DCMP seeks to maintain the ecological integrity and resilience of Delaware's coastal areas while allowing for responsible economic development and public use.

Structure and Key Provisions

The Delaware Coastal Management Program is structured into several key sections that outline the regulation's purpose, scope, and requirements. The main sections of the DCMP include:

Section 1: Definitions

This section provides clear and concise definitions for important terms used throughout the regulation, such as "coastal zone," "wetlands," "pollutants," and "development."

Section 2: Coastal Zone Boundaries

This section delineates the geographic extent of the coastal zone subject to the DCMP's provisions, including maps and detailed descriptions of the covered areas.

Section 3: Permitting Requirements

This section outlines the permit application process, required documentation, and criteria for approval. It also specifies the conditions under which a permit may be denied, modified, or revoked.

Section 4: Prohibited Activities and Substances

This section lists the activities and substances that are strictly prohibited within the coastal zone, as well as any exceptions or exemptions that may apply.

Section 5: Enforcement and Penalties

This section details the enforcement mechanisms, including inspections, citations, and penalties for violations of the DCMP's provisions.

While this overview provides a general understanding of the DCMP's structure and key provisions, it is essential for project proponents and stakeholders to consult the full text of the regulation and engage with the relevant state agencies, such as the Delaware Department of Natural Resources and Environmental Control (DNREC), for project-specific guidance and compliance requirements.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Delaware Coastal Management Program establishes various standards and limitations to protect and manage the state's coastal resources. These may include performance standards for activities in coastal areas, such as requirements for erosion and sediment control, stormwater management, and protection of wetlands and other sensitive habitats.¹ The program also sets forth permitting requirements for certain activities, such as construction projects, dredging, and filling in coastal areas.²

Enforcement of these standards and limitations is carried out by the Delaware Department of Natural Resources and Environmental Control (DNREC) and other relevant state agencies. Developers and consultants must work closely with these agencies to ensure that their projects comply with all applicable standards and limitations under the Delaware Coastal Management Program.³

Monitoring, Reporting & Recordkeeping Obligations

Under the Delaware Coastal Management Program, regulated entities may be subject to various monitoring, reporting, and recordkeeping requirements. These obligations are designed to ensure compliance with the program's standards and limitations and to provide information for ongoing management and protection of coastal resources.⁴

The specific requirements for monitoring, reporting, and recordkeeping can vary depending on the nature and location of the project. Developers and consultants should engage with the relevant state agencies early in the project planning process to understand the specific obligations that apply to their projects.

Enforcement Actions & Penalties

The Delaware Department of Natural Resources and Environmental Control (DNREC) and other relevant state agencies have the authority to take enforcement actions for violations of the Delaware Coastal Management Program. These actions may include:⁵

• Notices of violation
• Administrative orders
• Civil penalties
• Criminal penalties (in cases of willful or knowing violations)

The specific enforcement actions and penalties that may apply will depend on the nature and severity of the violation, as well as other factors such as the violator's compliance history and cooperation with the agency.⁶

To avoid enforcement actions and penalties, it is crucial for developers and consultants to prioritize proactive compliance with all applicable requirements under the Delaware Coastal Management Program. Early and ongoing engagement with the relevant state agencies can help ensure that projects are designed and implemented in a manner that is consistent with the program's standards and objectives. In the event that a violation does occur, prompt and cooperative action to address the issue can help mitigate potential enforcement consequences.⁷

For more detailed information on the specific enforcement provisions and penalty structures under the Delaware Coastal Management Program, readers should consult the full text of the relevant statutes and regulations and work closely with the appropriate state agencies.

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

The Delaware Coastal Management Program has undergone several significant developments in recent years, which have shaped the current regulatory landscape. In 2019, the Delaware Department of Natural Resources and Environmental Control (DNREC) adopted amendments to the program's regulations, specifically focusing on the management of coastal resources and the permitting process for activities within the coastal zone. These amendments aimed to streamline the permitting process and provide greater clarity on the requirements for various activities, such as dredging, beach nourishment, and the construction of shoreline protection structures.

One notable court decision that has influenced the interpretation of the Delaware Coastal Management Program is the Delaware Audubon Society v. DNREC case in 2020. The court ruled that DNREC must consider the cumulative impacts of proposed activities on coastal resources when reviewing permit applications, rather than evaluating each application in isolation. This decision has led to a more comprehensive assessment of the potential environmental impacts of coastal development projects.

Looking ahead, stakeholders should be aware of potential future changes to the Delaware Coastal Management Program. DNREC is currently considering further amendments to the program's regulations, with a focus on adapting to the challenges posed by climate change and sea-level rise. These amendments may introduce new requirements for coastal development projects, such as increased setbacks from the shoreline or the incorporation of nature-based solutions for coastal protection.

To stay informed about these developments and participate in the regulatory process, stakeholders can:

1. Monitor the DNREC website for updates on proposed amendments and public comment periods.
2. Join the Delaware Coastal Management Program mailing list to receive notifications about upcoming events, workshops, and regulatory changes.
3. Engage with industry associations, such as the Delaware Association of Environmental Professionals, which often provide updates on regulatory developments and offer opportunities for networking and professional development.

By staying informed and engaged, developers and environmental consultants can better navigate the evolving regulatory landscape and ensure compliance with the Delaware Coastal Management Program.

Additional Resources

Delaware Coastal Management Program Regulations: The full text of the current Delaware Coastal Management Program regulations, as amended in 2019.