2018 Delaware Code
Title 7 - Conservation
CHAPTER 40. EROSION AND SEDIMENTATION CONTROL
§ 4004. Applicability [Effective June 1, 2019, but see 81 Del. Laws, c. 316, § 7].
(a) The provisions of this chapter shall not apply to agricultural land management practices unless the conservation district or the Department determines that the land requires a new or updated soil and water conservation plan, and the owner or operator of the land has refused either to apply to a conservation district for the development of such a plan, or to implement a plan developed by a conservation district.
(b) The Department shall adopt standard plans for the construction of agriculture structures and it shall not be necessary for any person seeking approval to submit a sediment and stormwater management plan.
(c) Utility projects disturbing less than 5,000 square feet of land are not subject to the provisions of this chapter.
(d) Subject to sediment and erosion controls, land disturbing activities of 1 acre or less, excluding nonresidential properties, are not subject to the provisions of this chapter.
(e) Land disturbing activities not subject to the land management practices set forth in subsection (a) of this section which are conducted on 10 acres or less of agricultural lands for agricultural purposes shall be subject to standard plans adopted by the Department, and it shall not be necessary for any person seeking approval to submit a detailed sediment and stormwater management plan.
(f) Subject to water quality management and sediment and erosion controls, nonerosive conveyances of stormwater discharges from land disturbing activities which drain into tidal areas and tidal waters are not subject to the quantity management provisions of this chapter.
(g) Linear water and wastewater utility projects that have a maximum width of disturbance of 30 feet or less and with a maximum total disturbance of 1 acre or less are: (i) subject to Erosion and Sediment Control regulations adopted by the Department, and (ii) exempt from Stormwater Management regulation adopted by the Department. For the purposes of this section "erosion and sediment control" means the control of solid material, both mineral and organic, during a land disturbing activity, to prevent its transport out of the disturbed area by means of wind, water, gravity, or ice. For the purposes of this section "stormwater management" means:
(1) For water quantity control, a system of vegetative, structural, and other measurers that controls the volume and rate of stormwater runoff which may be caused by land disturbing activities upon the land; and
(2) For water quality control, a system of vegetative, structural, and other measures that controls adverse effects on water quality that may be caused by land disturbing activities upon the land.
61 Del. Laws, c. 522, § 1; 67 Del. Laws, c. 234, § 1; 80 Del. Laws, c. 274, § 2; 80 Del. Laws, c. 392, § 1; 81 Del. Laws, c. 316, §§ 2, 7.
