Delaware enacted a law updating the state’s Subaqueous Lands Act to streamline DNREC’s permitting for activities on submerged lands and tidal waters. The changes apply to projects on riverbeds, lake bottoms, streams, and tidal lands, including private docks, utility line crossings, and other in-water or over-water work. House Bill 456 is intended to shorten review times, reduce duplicative steps, and provide clearer authorization pathways for routine, lower-impact activities.
The law establishes enforceable processing timelines for small residential docking structures, defined as private docks of no more than 300 square feet. DNREC must notify applicants within 30 days whether an application is administratively complete. Once complete, DNREC has 120 days to issue or deny the permit. If no decision is made within that period, the permit is automatically granted, provided a licensed contractor or consultant has certified that the project poses no public safety or navigational hazard, does not disturb adjacent riparian rights, and does not unduly restrict public access to subaqueous lands.
The law also expands the use of general permits, which authorize categories of routine, lower-impact activities statewide, reducing the need for individual reviews. New or expanded general permits cover:
- Linear utility infrastructure, including water, sewer, stormwater, and telecommunications lines
- Small residential docking structures
- Voluntary aquatic habitat restoration projects, through an expedited process
- Minor road crossings in tidal subaqueous lands
- Minor bank stabilization in tidal subaqueous lands
- Placement of navigational aids and public signage
- Use of pilings in nontidal subaqueous lands under specified conditions
Effective Sept. 19, activities on private nontidal subaqueous lands that are already authorized under a U.S. Army Corps of Engineers Nationwide Permit, and accompanied by a state Water Quality Certification where required, will be explicitly exempt from state subaqueous review. This alignment is intended to eliminate duplication where federal programmatic approvals and state water quality certifications already address project conditions.
The law allows the DNREC Secretary to delegate certain permitting decisions to department staff. Previously, the Secretary was required to personally sign every subaqueous lands lease; under the new provisions, leases involving 2,500 square feet or less can be approved by designated staff, removing an administrative step.
HB 456 creates a Marine Contractors and Consultants Licensing Board to assist DNREC in licensing individuals and entities that perform work on submerged lands or tidelands. The seven-member board will be designated by DNREC’s Secretary. DNREC retains exclusive licensing authority and will develop regulations governing the licensing program and the board’s operation. Six months after the regulations are finalized, permit applications must be submitted by a board-licensed individual or entity. According to the agency, the licensing structure responds to longstanding industry requests for a state credential similar to neighboring states, with the goal of improving application quality and reducing iterative review delays.
DNREC notes that the new law builds on ongoing modernization of environmental permitting within the Division of Water. The Residential Services Section launched interactive dashboards that allow homeowners, contractors, and the public to check application status, see their place in the review queue, and retrieve issued permit documents for the division’s highest-volume permits. The Wetlands and Waterways Section expanded its Statewide Activity Approval program to cover additional low-impact activities, issued its first General Permit providing an expedited pathway for adding a floating dock, boat lift, or kayak float within an existing slip at a permitted docking structure on tidal subaqueous lands, and developed an interactive Application Wizard to guide applicants to the appropriate authorization pathway.
Additional information about DNREC’s subaqueous lands permitting program is available at de.gov/wetlandpermits. DNREC states that its mission includes protecting and managing the state’s natural resources, safeguarding public health, and providing outdoor recreation and environmental education; the Division of Water is responsible for managing and protecting Delaware’s water resources.