SPONSOR:   

Rep. Hocker & Sen. Bunting;

 

Reps. D. Short, Briggs King, Carey, Hudson, Lavelle, Lee, Outten, Ramone, Wilson, Atkins, Carson, Mitchell, B. Short, Walls; Sens. Ennis, Katz, Venables, Simpson, Sorenson, Bonini, Booth

 

HOUSE OF REPRESENTATIVES

145th GENERAL ASSEMBLY

 

HOUSE BILL NO. 355

 

 

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO ENVIRONMENTAL CONTROL.

 

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

 

Section 1.  Amend Chapter 60, Title 7, Delaware Code by adding a new section to read as follows:

“§ 6048.  Docks, piers, or bulkheads, repair or replacement.

Notwithstanding any law or regulation to the contrary, the Secretary or their designee shall have no more than 15 calendar days to review and issue a letter of authorization or denial of an application to repair or replace a dock, pier, or bulkhead, provided such repaired or replaced structure is on the same footprint as the existing or previous structure and further provided that the prior structure was a legal use in conformance with applicable zoning and land use regulations or was an allowed preexisting nonconforming use.  Failure to timely issue such letter of authorization or denial shall be deemed approval of the application.

If the Secretary denies the application, the burden of proof shall be on the Secretary to show that the application does not meet the criteria of this section.  If the Secretary does not meet said burden of proof the applicant shall receive from the State reimbursement of reasonable attorney fees and expenses incurred, including any lost income reasonably related to the delay in rebuilding said dock, pier or bulkhead.  The State shall have no immunity to liability pursuant to this section.”.  

SYNOPSIS

This Bill requires an expedited authorization process for the replacement or rebuilding of docks, piers, or bulkheads when they are being rebuilt on the existing or previously existing structural footprint.  If the Secretary wrongfully denies such application the State shall be liable for the applicant’s reasonable attorney fees and expenses.  The State’s immunity to liability is expressly waived.