Delaware Statewide Rule

Delaware Coastal Zone Act State Permit Requirement

Heavy RestrictionsApplies statewide across Delaware (2026)

Key Facts

Statute: 7 Del. C. Chapter 70
Year enacted: 1971
Grandfathered sites: 14
Permit issuer: DNREC Secretary
New heavy industry: Banned in coastal zone

Last verified: August 21, 2026Source: Delaware Code

Summary

The 1971 Delaware Coastal Zone Act (7 Del.C. Chapter 70) prohibits new heavy industry within the designated coastal zone and requires a state Coastal Zone Permit from DNREC for manufacturing, heavy industry, and bulk product transfer activities. Local governments cannot authorize prohibited uses.

Except for heavy industry uses, as defined in § 7002 of this title, manufacturing uses not in existence and in active use on June 28, 1971, are allowed in the coastal zone by permit only, as provided for under this section. Any nonconforming use in existence and in active use on June 28, 1971, shall not be prohibited by this chapter and all expansion or extension of nonconforming uses, as defined herein, and all expansion or extension of uses for which a permit is issued pursuant to this chapter, are likewise allowed only by permit.

Source: Delaware CodeView official code

Full Breakdown

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.

Violations & Penalties

Constructing a prohibited facility or operating without a required Coastal Zone Permit can lead to substantial civil penalties for each day of violation, injunctive relief, and orders to remove unlawful structures under the Coastal Zone Act.

Frequently Asked Questions

What activities are banned in the Delaware coastal zone?

New heavy industry and new bulk product transfer facilities are absolutely prohibited; only manufacturing on permitted or grandfathered sites is allowed under DNREC review.

Can a city approve a coastal industrial project on its own?

No. Local approvals do not satisfy the Coastal Zone Act; a state Coastal Zone Permit from DNREC is required separately and cannot be waived locally.

Sources

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.