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

The Delaware Coastal Zone Act Program: A Comprehensive Guide provides a thorough exploration of this critical state regulation, which aims to strike a delicate balance between protecting the state's invaluable coastal resources and fostering sustainable economic development. This guide offers a clear and concise overview of the program's applicability, key provisions, and compliance obligations, enabling readers to navigate the complexities of the Delaware Coastal Zone Act with confidence. By delving into the act's history, structure, and recent developments, this resource serves as an essential tool for understanding the regulatory landscape and making informed decisions when planning and executing projects within Delaware's coastal zone. With a focus on practical guidance and real-world implications, this guide is an indispensable resource for anyone seeking to successfully manage the environmental, legal, and operational challenges associated with development in this unique and sensitive area.

GENERAL INFORMATION

Key Details of the Delaware Coastal Zone Act Program

Issuing Agency: Delaware Department of Natural Resources and Environmental Control (DNREC)
Year Established: 1971
Last Amended: 2017
Statutory Authority: The Delaware Coastal Zone Act
Primary Legal Reference: Delaware Code, Title 7, Chapter 70, Sections 7001-7013

Overview of the Delaware Coastal Zone Act Program

The Delaware Coastal Zone Act Program operates within the state's broader environmental regulatory framework, which is administered by the Delaware Department of Natural Resources and Environmental Control (DNREC). The program was established in 1971 to protect Delaware's coastal areas from the impacts of heavy industrial development and pollution. It aims to preserve the natural environment, prevent deterioration of coastal water quality, and ensure that economic development in the coastal zone is compatible with environmental protection goals.[^1]

The program is administered by DNREC's Division of Climate, Coastal, and Energy. It has undergone several amendments since its inception, with the most recent significant changes occurring in 2017. These amendments allowed for the redevelopment of 14 existing heavy industry sites, subject to permitting requirements and environmental offsets.

The Delaware Coastal Zone Act Program achieves its goals by prohibiting new heavy industry development in the state's coastal zone and regulating the expansion or extension of existing heavy industry sites. It also requires permits for the construction of new manufacturing facilities and the expansion of existing ones within the coastal zone.

What does the Delaware Coastal Zone Act Program protect?

The Delaware Coastal Zone Act Program protects the state's coastal environment, including wetlands, beaches, estuaries, and coastal waters, from the negative impacts of heavy industrial development and pollution. The program aims to preserve the natural beauty and recreational opportunities of Delaware's coastal areas while ensuring that economic development is compatible with environmental protection goals. It achieves this protection by prohibiting new heavy industry, regulating the expansion of existing heavy industry sites, and requiring permits for new manufacturing facilities and the expansion of existing ones within the designated coastal zone.[^4]

[^1]: Delaware Department of Natural Resources and Environmental Control. (n.d.). The Delaware Coastal Zone Act. https://dnrec.alpha.delaware.gov/coastal-zone-act/ [^4]: Delaware Department of Natural Resources and Environmental Control. (n.d.). The Delaware Coastal Zone Act Program: Protecting Delaware's Coastal Resources. https://dnrec.alpha.delaware.gov/coastal-zone-act/protecting-coastal-resources/

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Delaware Coastal Zone Act Program (DCZAP) regulates industrial development and activities within Delaware's coastal zone, which extends from the state's coastline to roughly two miles inland.¹ The program aims to protect the coastal environment, natural resources, and recreational opportunities while allowing for compatible economic development.²

The DCZAP regulates a wide range of industries and activities, including:

1. Heavy industry, such as oil refineries, steel mills, and chemical plants
2. Manufacturing facilities
3. Electric power generation plants
4. Waste handling and disposal facilities
5. Bulk product transfer facilities
6. Pipelines and transmission lines
7. Dredging and filling activities

Under the DCZAP, certain activities and substances are prohibited due to their potential for significant environmental harm. These include:³

• The construction of new heavy industrial plants within the coastal zone
• Bulk product transfer facilities outside of designated port areas
• The outdoor storage of coal, minerals, and other bulk materials
• The discharge of untreated or inadequately treated industrial wastes into coastal waters
• The filling or dredging of wetlands without proper permits and mitigation measures

These prohibitions are intended to minimize the risk of water and air pollution, habitat destruction, and other adverse environmental impacts that could result from uncontrolled industrial development in the sensitive coastal zone.

Structure and Key Provisions

The Delaware Coastal Zone Act Program is structured into several key sections that define its scope, prohibitions, permitting requirements, and enforcement mechanisms. Some of the most important sections include:⁴

Section 1: Definitions

This section defines key terms used throughout the regulation, such as "coastal zone," "heavy industry," and "bulk product transfer facility."

Section 2: Prohibitions

This section outlines the specific activities and substances that are prohibited within the coastal zone, as well as any exceptions or grandfathering provisions for existing facilities.

Section 3: Permitting Requirements

This section describes the permitting process for activities that are allowed within the coastal zone, including the types of permits required, application procedures, and criteria for approval.

Section 4: Environmental Impact Assessments

This section details the requirements for environmental impact assessments that must be conducted for proposed projects within the coastal zone, including the scope of the assessment and the factors that must be considered.

Section 5: Enforcement and Penalties

This section outlines the enforcement mechanisms and penalties for violations of the DCZAP, including fines, permit revocations, and legal action.

It is important for developers and consultants to review the full text of the Delaware Coastal Zone Act Program and consult with the Delaware Department of Natural Resources and Environmental Control for project-specific guidance, as the applicability and requirements of the program may vary depending on the nature and location of the proposed development.⁵

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Delaware Coastal Zone Act Program establishes various standards and limitations to protect the state's coastal resources and ensure sustainable development. These may include emissions limits for air and water pollutants, performance standards for industrial facilities, and other relevant metrics⁶. The specific standards and limitations vary depending on the type of project and its location within the coastal zone. Developers and consultants must work closely with the Delaware Department of Natural Resources and Environmental Control (DNREC) to understand and comply with the applicable standards for their projects⁷. Enforcement of these standards is carried out through regular inspections, monitoring, and reporting requirements, as well as penalties for violations⁸.

Monitoring, Reporting & Recordkeeping Obligations

Under the Delaware Coastal Zone Act Program, regulated entities are subject to various monitoring, reporting, and recordkeeping requirements⁹. These obligations are designed to ensure compliance with the program's standards and limitations and to provide the necessary information for effective enforcement. Developers and consultants must work closely with DNREC to understand and fulfill the specific monitoring, reporting, and recordkeeping requirements for their projects. This may include installing and maintaining monitoring equipment, regularly collecting and analyzing data, preparing and submitting reports, and maintaining accurate records for a specified period¹⁰. Failure to comply with these obligations can result in enforcement actions and penalties¹¹.

Enforcement Actions & Penalties

The Delaware Coastal Zone Act Program is enforced by DNREC, which has the authority to take various enforcement actions against violators¹². These may include issuing notices of violation, administrative orders, and assessing civil and criminal penalties¹³. The specific enforcement actions and penalty amounts depend on the nature and severity of the violation, as well as the violator's compliance history¹⁴. Proactive compliance and early engagement with DNREC can help developers and consultants avoid enforcement actions and ensure the success of their projects. It is essential for readers to consult the full text of the Delaware Coastal Zone Act and work closely with DNREC to understand the specific enforcement provisions and penalty structures that may apply to their projects¹⁵.

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

The Delaware Coastal Zone Act (DCZA) has undergone several significant developments in recent years that have shaped the current regulatory landscape. One of the most notable changes occurred in 2017 when the Delaware General Assembly passed the Coastal Zone Conversion Permit Act (CZCPA), which amended the DCZA to allow for the redevelopment of 14 former industrial sites within the coastal zone¹⁶. This amendment aimed to balance environmental protection with economic development by permitting the reuse of these sites for industrial purposes, subject to strict environmental standards and public input requirements.

Another important development was the release of the updated Regulations Governing Delaware's Coastal Zone (7 DE Admin. Code 101) in 2019, which clarified and streamlined the permitting process for activities within the coastal zone¹⁷. These regulations provided more detailed guidance on the types of activities that are allowed, prohibited, or require permits under the DCZA, as well as the criteria for evaluating permit applications.

Looking ahead, stakeholders should be aware of potential future amendments to the DCZA or its implementing regulations, which may be proposed in response to emerging environmental concerns, technological advancements, or economic development priorities. The Delaware Department of Natural Resources and Environmental Control (DNREC) regularly engages with the public and regulated community through workshops, hearings, and comment periods to gather input on potential regulatory changes.

To stay informed about upcoming developments related to the DCZA, stakeholders can:

1. Monitor the DNREC website, particularly the Coastal Zone Act Program page¹⁸, for announcements of proposed regulations, public meetings, and comment opportunities.
2. Join the DNREC email list to receive updates on coastal zone management issues and regulatory developments.
3. Engage with industry associations, such as the Delaware Manufacturers Association¹⁹ or the Delaware State Chamber of Commerce²⁰, which often provide their members with information and advocacy on environmental regulatory matters.

By staying informed and actively participating in the regulatory process, developers, environmental consultants, and other stakeholders can help shape the future of the DCZA and ensure that their interests are represented in any upcoming changes.

Additional Resources

Delaware Coastal Zone Act Full Text: The complete text of the Delaware Coastal Zone Act, including all amendments, as codified in the Delaware Code.

Regulations Governing Delaware's Coastal Zone: The official regulations implementing the Delaware Coastal Zone Act, which provide detailed guidance on permitting requirements, prohibited activities, and environmental standards.

DNREC Coastal Zone Act Program Page: The Delaware Department of Natural Resources and Environmental Control's main webpage for the Coastal Zone Act Program, featuring information on permits, maps, and public participation opportunities.

Delaware Coastal Zone Conversion Permit Act Summary: A concise summary of the key provisions and implications of the 2017 Coastal Zone Conversion Permit Act, prepared by a law firm specializing in environmental and land use issues.