Delaware Subaqueous Lands Act Glossary: Key Terms & Definitions for Developers and Consultants

Delaware Subaqueous Lands Act Key Terms & Definitions

Deed: A legal document that conveys or transfers ownership of real property, including subaqueous lands, from one party to another.

Delaware Department of Natural Resources and Environmental Control (DNREC): The state agency responsible for administering and enforcing the Delaware Subaqueous Lands Act and its associated regulations.

Deposit of Material: The act of placing, dumping, or depositing any material (e.g., sand, gravel, dirt) on subaqueous lands, which is prohibited without a permit under the Delaware Subaqueous Lands Act. (Del. Code tit. 7, § 7204)

Dredging: The act of removing or excavating material from subaqueous lands, which is regulated under the Delaware Subaqueous Lands Act and requires a permit from DNREC. (Del. Code tit. 7, § 7204)

Filling: The act of depositing material on subaqueous lands to raise the bottom elevation or create new land, which is regulated under the Delaware Subaqueous Lands Act and requires a permit from DNREC. (Del. Code tit. 7, § 7204)

Jurisdiction: The geographic area and scope of authority of the Delaware Subaqueous Lands Act, which covers all subaqueous lands within the boundaries of the State of Delaware. (Del. Code tit. 7, § 7203)

Lease: A legal agreement that grants a party the right to use subaqueous lands for a specific purpose and period, subject to the terms and conditions set forth by DNREC.

License: A legal authorization granted by DNREC that allows a party to conduct certain activities on subaqueous lands, subject to specific terms and conditions.

Mean Low Water Line: The average of all low water heights observed over a period of several years, which serves as the boundary between state-owned subaqueous lands and upland property in tidal waters. (Del. Code tit. 7, § 7202)

Navigable Rivers: Rivers that are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water. (Del. Code tit. 7, § 7202)

Ordinary High Water Mark: The line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. (Del. Code tit. 7, § 7202)

Permit: A legal authorization granted by DNREC that allows a party to conduct certain activities on subaqueous lands, subject to specific terms and conditions. (Del. Code tit. 7, § 7204)

Person: Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, commission, political subdivision, or duly established legal entity. (Del. Code tit. 7, § 7202)

Public Trust Doctrine: A legal principle that holds that certain natural resources, including subaqueous lands, are held in trust by the state for the benefit and use of the public.

Removal of Material: The act of removing or extracting any material from subaqueous lands, which is prohibited without a permit under the Delaware Subaqueous Lands Act. (Del. Code tit. 7, § 7204)

Riparian Rights: The rights of landowners whose property borders a watercourse, which may include the right to access the water, the right to use the water for certain purposes, and the right to construct structures such as docks and piers, subject to state regulation.

Stream: A flow of running water, usually flowing in a particular direction in a definite channel, having a bed and banks or sides, and discharging into some other body of water. (Del. Code tit. 7, § 7202)

Subaqueous Lands: Submerged lands and tidelands owned by the State of Delaware, including but not limited to lands lying below the line of mean low tide in the beds of all tidal waters within the boundaries of the State. (Del. Code tit. 7, § 7202)

Submerged Lands: Lands lying below the line of mean low tide in the beds of all tidal waters within the boundaries of the State. (Del. Code tit. 7, § 7202)

Tidelands: Lands lying between the line of mean high water and the line of mean low water. (Del. Code tit. 7, § 7202)

Tidal Waters: Those waters where the lunar tide ebbs and flows, including the waters of any tidal river, bay, or estuary. (Del. Code tit. 7, § 7202)

Underwater Lands: Lands lying below the ordinary high water mark of non-tidal rivers, streams, lakes, ponds, and other non-tidal bodies of water within the boundaries of the State. (Del. Code tit. 7, § 7202)

Upland: Land that is located above the mean high water line or ordinary high water mark and is not subject to tidal or navigable water influence.

Water-Dependent Activity: An activity that can only be conducted on, in, over, or adjacent to water areas because the activity requires direct access to the water body for transportation, recreation, energy production or transmission, or source of water, and where the use of the water is an integral part of the activity. (Del. Code tit. 7, § 7202)

Wetlands: Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. (Del. Code tit. 7, § 7202)