Delaware Sediment and Stormwater Statewide Program Law

Under 7 Del.C. Chapter 40, enacted in 1990, DNREC implements a statewide comprehensive sediment and stormwater program in cooperation with conservation districts and counties. Land-disturbing activities of 5,000 square feet or more require an approved Erosion and Sediment Control plan and post-construction Stormwater Management plan complying with 7 DE Admin Code 5101. Plans must meet uniform statewide performance criteria including water-quality treatment, channel protection, conveyance, and flood control. The 2023 Delaware Erosion and Sediment Control Handbook provides binding technical standards. Local programs are delegated authority but cannot weaken state criteria.

Land disturbance without an approved plan or violation of plan conditions can trigger DNREC stop-work orders, civil penalties up to $10,000 per day per violation, and required restoration under 7 Del.C. § 4014.