2014 Delaware Code
Title 7 - Conservation
CHAPTER 72. SUBAQUEOUS LANDS
§ 7202. Definitions

(a) "Department" means the Department of Natural Resources and Environmental Control.

(b) "Maintenance" means the actions required to return a channel, bridge, culvert, stormwater basin or water control structure to its full operational condition or to prevent a decline in its utility. These actions shall not change the purpose, scope or capacity of the channel, bridge, culvert, stormwater basin or water control structure.

(c) "Ordinary high water mark" means, for nontidal waters, the line at which the presence and action of water are so continuous in all ordinary years so as to leave a distinct mark on a bank either by erosion or destruction of terrestrial (nonaquatic) vegetation, or that can be determined by other physical or biological means.

(d) "Reconstruction" means the rebuilding of a channel, bridge, culvert, stormwater basin or water control structure that requires significant renovation or repair of their major structural features. This rebuilding shall be characterized by a replacement or major restorative effort similar to the degree required in the original design and construction of the channel, bridge, culvert, stormwater basin or water control structure. This rebuilding shall not change the purpose, scope or capacity of the channel, bridge, culvert, stormwater basin or water control structure.

(e) "Retrofitting" means a change in design, construction or materials to an existing bridge, culvert, stormwater basin or water control structure in order to incorporate later improvements or to reflect new standards, criteria or needs not considered in the original design and construction.

(f) "Secretary" means the Secretary of the Department of Natural Resources and Environmental Control.

(g) "Subaqueous lands" means submerged lands and tidelands.

(h) "Submerged lands" means:

(1) Lands lying below the line of mean low tide in the beds of all tidal waters within the boundaries of the State;

(2) Lands lying below the plane of the ordinary high water mark of nontidal rivers, streams, lakes, ponds, bays and inlets within the boundaries of the State as established by law; and

(3) Specific manmade lakes or ponds as designated by the Secretary.

(i) "Tidelands" means lands lying between the line of mean high water and the line of mean low water.

65 Del. Laws, c. 508, § 2; 68 Del. Laws, c. 76, § 2; 68 Del. Laws, c. 268, § 1; 72 Del. Laws, c. 474, § 1.;