Delaware Statewide Rule
Delaware Erosion and Sediment Control Statewide Standards
Key Facts
- Handbook
- 2023 DE ESC Handbook
- Plan Reviewers
- Conservation Districts
- Required Training
- Certified Reviewer & contractor
- Statute
- 7 Del.C. Ch. 40
- Civil Penalty
- Up to $10,000/day
Summary
Delaware Code Title 7, Chapter 40 mandates statewide erosion and sediment control standards for any land disturbance, with the binding 2023 Delaware Erosion and Sediment Control Handbook setting uniform technical specifications enforceable by DNREC and delegated conservation districts.
(a) After July 1, 1991, unless exempted, no person shall engage in land disturbing activities without submitting a sediment and stormwater management plan to the appropriate plan approval authority and obtaining a permit to proceed.
Full Breakdown
7 Del.C. Chapter 40 declares it state policy to prevent soil erosion and sedimentation pollution of state waters. The statute authorizes DNREC, in coordination with the three Conservation Districts (New Castle, Kent, Sussex), to require erosion and sediment control plans for land-disturbing activities. Plans must conform to the Delaware Erosion and Sediment Control Handbook (effective July 2023), which prescribes silt fencing, stabilized construction entrances, sediment basins, slope stabilization timing, and inspection frequencies. Certified Construction Reviewers and contractors must complete state training. Conservation Districts review and approve most plans on DNREC's behalf.
Violations & Penalties
Operating without an approved plan, failing to install or maintain controls, or refusing inspector access can result in stop-work orders, civil penalties up to $10,000 per day, and mandatory site restoration under 7 Del.C. § 4014.
Frequently Asked Questions
Who approves erosion plans in Delaware?
Are agricultural activities subject to the same rules?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.