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

Delaware Wetlands Act Key Terms & Definitions

Administrative Order: An enforcement action taken by the Delaware Department of Natural Resources and Environmental Control (DNREC) to address violations of the Delaware Wetlands Act and require corrective action by the violator. [7 Del. C. § 6608(a)]

Civil Penalty: A monetary fine imposed by DNREC for violations of the Delaware Wetlands Act. The specific penalty amount depends on factors such as the severity and duration of the violation and the extent of any environmental harm caused. [7 Del. C. § 6608(b)]

Criminal Penalty: A punishment, such as imprisonment or a fine, imposed by a court for severe or intentional violations of the Delaware Wetlands Act. [7 Del. C. § 6608(a)]

Delaware Department of Natural Resources and Environmental Control (DNREC): The primary state agency responsible for administering and enforcing the Delaware Wetlands Act. DNREC reviews permit applications, conducts inspections, and takes enforcement actions to ensure compliance with the Act's requirements. [7 Del. C. § 6605(a)]

Dredging: The removal of sediment, soil, or other material from a wetland, often to deepen waterways for navigation or to obtain fill material for construction projects. Dredging is a regulated activity under the Delaware Wetlands Act and requires a permit from DNREC. [7 Del. C. § 6604(a)(1)]

Filling: The placement of soil, sediment, or other material into a wetland, often to create dry land for development or agriculture. Filling is a regulated activity under the Delaware Wetlands Act and requires a permit from DNREC. [7 Del. C. § 6604(a)(1)]

Freshwater Wetlands: Non-tidal wetlands that are primarily influenced by freshwater sources, such as rivers, streams, or groundwater. The Delaware Wetlands Act protects both tidal and freshwater wetlands in the state. [7 Del. C. § 6603]

Invasive Species: Non-native plant or animal species that can disrupt wetland ecosystems by outcompeting native species and altering habitat structure. The introduction of invasive species is prohibited under the Delaware Wetlands Act. [7 Del. C. § 6604(a)(3)]

Mitigation: The process of compensating for unavoidable impacts to wetlands by creating, restoring, or enhancing wetlands in another location. The Delaware Wetlands Act requires mitigation for permitted activities that result in wetland loss or degradation. [7 Del. C. § 6603(a)]

Monitoring: The collection of data on wetland conditions and permitted activities to assess compliance with the Delaware Wetlands Act and the effectiveness of mitigation measures. Regulated entities may be required to conduct monitoring as a condition of their wetland permits. [7 Del. C. § 6607(a)]

Notice of Violation: A formal notification issued by DNREC to inform a regulated entity of a violation of the Delaware Wetlands Act and to initiate the enforcement process. [7 Del. C. § 6608(a)]

Permit: An authorization issued by DNREC that allows a regulated entity to conduct activities in or near wetlands, subject to specific conditions and requirements. The Delaware Wetlands Act establishes a permitting system to regulate activities that may impact wetlands. [7 Del. C. § 6605]

Pollution: The introduction of substances or materials into wetlands that can degrade water quality, harm wildlife, or impair the ecological functions of the wetland. The Delaware Wetlands Act prohibits the discharge of pollutants into wetlands without a permit. [7 Del. C. § 6604(a)(2)]

Public Interest: A key factor considered by DNREC when reviewing wetland permit applications. The Delaware Supreme Court has emphasized the need for a comprehensive assessment of a project's environmental impacts to determine if it is in the public interest. [Delaware Riverkeeper Network v. Delaware Department of Natural Resources and Environmental Control, 236 A.3d 386 (Del. 2020)]

Recordkeeping: The maintenance of records related to permitted activities, monitoring data, and compliance efforts. Regulated entities may be required to keep records as a condition of their wetland permits and to make them available to DNREC upon request. [7 Del. C. § 6607(c)]

Reporting: The submission of regular reports to DNREC on permitted activities, monitoring data, and compliance status. Regulated entities may be required to submit reports as a condition of their wetland permits. [7 Del. C. § 6607(b)]

Restoration: The process of returning a degraded or altered wetland to its natural condition and ecological function. The Delaware Wetlands Act may require restoration as a condition of a permit or as a remedy for violations. [7 Del. C. § 6603(a)]

Sedimentation: The deposition of soil particles or other materials in wetlands, often as a result of erosion from adjacent land uses. Sedimentation can smother vegetation, alter water flow, and degrade wetland habitats. The Delaware Wetlands Act prohibits activities that cause significant sedimentation in wetlands. [7 Del. C. § 6604(a)(5)]

Stop-Work Order: An administrative order issued by DNREC that requires a regulated entity to halt activities that are in violation of the Delaware Wetlands Act or the conditions of a wetland permit. [7 Del. C. § 6608(a)]

Tidal Wetlands: Wetlands that are influenced by the tides and are typically found along the coast or in estuaries. The Delaware Wetlands Act protects both tidal and freshwater wetlands in the state. [7 Del. C. § 6603]

Waste Materials: Discarded or unwanted substances, such as construction debris, trash, or hazardous materials, that can pollute or degrade wetlands. The Delaware Wetlands Act prohibits the disposal of waste materials in wetlands without a permit. [7 Del. C. § 6604(a)(2)]

Water Flow: The movement of water through a wetland, including surface flow, groundwater flow, and tidal exchange. Maintaining natural water flow patterns is essential for the health and function of wetland ecosystems. The Delaware Wetlands Act prohibits activities that significantly alter water flow in wetlands. [7 Del. C. § 6604(a)(4)]

Wetland Boundary: The legal limit of a wetland as determined by wetland delineation methods approved by DNREC. The wetland boundary is used to determine the jurisdiction of the Delaware Wetlands Act and the extent of regulated activities. [7 Del. C. § 6603]

Wetland Delineation: The process of identifying and mapping the boundaries of a wetland using field indicators of hydrology, soils, and vegetation. Wetland delineations are required for many permit applications under the Delaware Wetlands Act. [7 Del. C. § 6603]

Wetland Functions: The natural processes and benefits provided by wetlands, such as water filtration, flood control, wildlife habitat, and carbon sequestration. The Delaware Wetlands Act aims to protect and preserve these essential wetland functions. [7 Del. C. § 6603(a)]

Wetland Impacts: The direct or indirect effects of human activities on the extent, quality, or functions of wetlands. Wetland impacts can include filling, dredging, draining, or other alterations that degrade or destroy wetlands. The Delaware Wetlands Act regulates activities that may cause wetland impacts. [7 Del. C. § 6604(a)]

Wetland Vegetation: The plant species that are adapted to living in wetland conditions, such as saturated soils and fluctuating water levels. Wetland vegetation is one of the key indicators used to identify and delineate wetlands under the Delaware Wetlands Act. [7 Del. C. § 6603]

Wetlands: Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support vegetation adapted for life in saturated soil conditions. Wetlands include swamps, marshes, bogs, and similar areas. The Delaware Wetlands Act protects both tidal and freshwater wetlands in the state. [7 Del. C. § 6603]