Delaware Coastal Zone Act State Permit Requirement

Under 7 Del.C. Chapter 70, the Delaware Coastal Zone Act bans new heavy industrial uses and bulk product transfer facilities within the coastal zone (a defined band along the Delaware River, Bay, and Atlantic). Existing heavy industry sites in operation in 1971 (14 grandfathered sites) may apply for Conversion Permits under the 2017 amendment to authorize alternative or additional uses. New or expanded manufacturing requires a Standard Coastal Zone Permit issued by the DNREC Secretary. Permits require offset projects and public hearings. Federal projects within the coastal zone also undergo CZMA federal consistency review.

Constructing a prohibited facility or operating without a required permit can lead to civil penalties up to $50,000 per offense per day, injunctive relief, and an order to remove unlawful structures under 7 Del.C. § 7008.