2014 Delaware Code
Title 7 - Conservation
CHAPTER 44. FLOOD MITIGATION STANDARDS
§ 4403. Rules

The Secretary shall, by May 17, 2012, develop guidance and minimum standards for improved floodplain management and drainage within the state after consultation with a Floodplain and Drainage Advisory Committee (Committee) appointed by the Secretary, to include public and private interests, as well as appropriate state, federal and municipal agencies, and governmental subdivisions of the State. Floodplain and drainage standards shall include, but not be limited to definitions, general requirements and criteria for consideration by local governments within the State. The Committee will consider nationally recognized standards and best practices. The Committee may also evaluate the capacity of local governments to implement standards and may make recommendations to the Secretary as appropriate, including, but not limited to the development of model ordinances. The Committee shall also examine the adequacy of existing requirements, policies and practices associated with notification to prospective property purchasers of existing flooding or drainage issues. Prior to finalizing such standards the Department shall offer an opportunity for the public to comment on the proposed standards and will consider all relevant comments.

The Committee shall consist of the following members:

(1) One member of the Senate appointed by the President Pro Tempore of the Senate and 1 member of the House of Representatives appointed by the Speaker of the House of Representatives;

(2) One member of the Delaware Farm Bureau appointed by the President of the Delaware Farm Bureau;

(3) One representative of the Delaware Association of Conservation Districts, appointed by the President of the Delaware Association of Conservation Districts;

(4) One representative of the Delaware State Bar Association Real and Personal Property Section, appointed by the President of the Delaware State Bar Association;

(5) One representative of the Delaware Association of Realtors, appointed by the President of the Delaware Association of Realtors;

(6) One representative from the Federal Emergency Management Agency National Flood Insurance Program;

(7) One representative from the Delaware Hazard Mitigation Council appointed by the Director of the Delaware Emergency Management Agency.

(8) One representative of the Home Builders Association of Delaware appointed by the President of the Home Builders Association of Delaware.

(9) Three representatives of the Delaware League of Local Governments appointed by the President of the Delaware League of Local Governments.

(10) One representative of the Sussex County Association of Towns.

(11) One representative of the Committee of 100 appointed by the President of the Committee of 100.

(12) One representative of the Delaware Insurance Commissioner's Office appointed by the Delaware Insurance Commissioner.

(13) One representative of the American Council of Engineering Companies appointed by the President of the American Council of Engineering Companies.

(14) One representative of the Delaware Department of Transportation appointed by the Secretary of the Department of Transportation.

(15) Three representatives of the Delaware Association of Counties, 1 from each county, appointed by the President of the Delaware Association of Counties.

(16) Two representatives of the Division of Watershed Stewardship, appointed by the Secretary of the Department of Natural Resources and Environmental Control (DNREC).

The Chair of the Committee shall be selected by the Secretary of the Department of Natural Resources and Environmental Control. The Committee shall organize and hold its first meeting by September 16, 2011, and shall be staffed by DNREC.

78 Del. Laws, c. 183, § 1.;