Delaware § 6604 - Permit required [For application of this section, see 85 Del. Laws, c. 351, § 4].

§ 6604. Permit required [For application of this section, see 85 Del. Laws, c. 351, § 4].

(a) Any activity in the wetlands requires a permit from the Department except the activity or activities exempted by this chapter.

(b) The Secretary shall consider the following factors prior to issuance of any permit:

(1) Environmental impact, including but not limited to, likely destruction of wetlands and flora and fauna; impact of the site preparation on tidal ebb and flow and the otherwise normal drainage of the area in question, especially as it relates to flood control; impact of the site preparation and proposed activity on land erosion; effect of site preparation and the proposed activity on the quality and quantity of tidal and nontidal waters, surface, ground and subsurface water resources, the related watershed, and other resources.

(2) Aesthetic effect, such as the impact on scenic beauty of the surrounding area.

(3) The number and type of public and private supporting facilities required and the impact of such facilities on all factors listed in this subsection.

(4) Effect on neighboring land uses, including but not limited to, any increased water retention or flood risk, public access to tidal and nontidal waters, recreational areas and effect on adjacent residential and agricultural areas;

(5) State, county and municipal comprehensive plans for the development and/or conservation of their areas of jurisdiction; and

(6) Economic effect, including the number of jobs created and the income which will be generated by the wages and salaries of the jobs in relation to the amount of land required, and the amount of tax revenues potentially accruing to the state, county and local governments.

(c) The applicant for a wetlands permit shall have the burden of proving whether the proposed activity is, or is not, within tidal or nontidal wetlands,

(d) The Secretary may require a bond in an amount and with surety and conditions sufficient to secure compliance with the conditions and limitations, if any, set forth in the permit. The particular amount and the particular conditions of the bond required shall be consistent with and in furtherance of the purposes of this chapter. The Secretary shall state for the record, the basis for the bonding requirements imposed with each permit granted. In the event of a breach of any condition of any such bond, the Attorney General may institute an action in Superior Court upon such bond and prosecute the same to judgment and execution.

7 Del. C. 1953, §  6604;  59 Del. Laws, c. 213, §  1;  85 Del. Laws, c. 351, § 1;