HB 246 — AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO ESTABLISHING UNIFORM MINIMUM RIPARIAN BUFFER AREAS.

Summary

Currently each county has its own riparian buffer requirements. The intent of this Act is to make minimum riparian buffer areas uniform throughout the State in unincorporated areas and incorporated municipalities that do not hold a Municipal Separate Storm Sewer System(“MS4”) permit. This Act creates a new Chapter 10A of Title 9 which sets forth the following minimum riparian buffer areas: (1) 300 feet to the streamline, as defined by the mean high water line, of any tidal water body, tidal steam or tidal marsh; (2) 300 feet to the shoreline, as defined by the mean highwater line, of any nontidal freshwater body, lake, pond, or blue-line stream; and (3) 50 feet to the shoreline or top of bank, as defined by a greater than 50% change in slope in a distance of less than 10 feet of any non-blueline stream, creek or drainage ditch. The Act sets forth permitted uses not subject to the minimum buffer requirements. The Act requires the 3 Counties to adopt substantive and technical rules and regulations to implement the minimum riparian buffer areas and establish rules for specified uses. The Act requires all 3 Counties, by June 30, 2024 to amend their land use laws by adopting the minimum riparian buffer areas and adopting rules and regulations. The Act permits the Planning and Land Use Departments, in conjunction with the County Planning Directors, to create a coordinated program that educates and trains the public about the requirements of this Act. This Act takes effect on June 30, 2024.

Bill Text

• Bill Text View text Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill establishes minimum riparian buffer areas along the lakes and streams of Delaware.

• § 1022

  300 feet to the shoreline, as defined by the mean high-water line, of any tidal water body, tidal stream, or tidal marsh.

  It requires a 300-foot buffer for tidal waters.

• § 1022

  300 feet to the shoreline, as defined by the mean high-water line, of any nontidal freshwater body, lake, pond, or blue-line stream as depicted on the most recent version of the United States Geological Survey Topographic Quadrangle Maps.

  It requires a 300-foot buffer for nontidal freshwater bodies.

• § 1022

  50 feet to the shoreline or top of bank, as defined by a greater than 50% change in slope in a distance of less than 10 feet of any stream (non-blue-line), creek, or drainage ditch.

  It establishes a 50-foot buffer for certain streams and drainage ditches.

• § 1022

  This section does not prohibit a county from establishing riparian buffer areas more stringent than what is required under this section.

  Counties can adopt stricter buffer area regulations.

• § 1023

  The following are authorized uses in a riparian buffer area: The development of existing buildings within the riparian buffer area.

  It allows the development of existing buildings in riparian buffer areas.

• § 1023

  Encroachment on a riparian buffer area by an existing or new use.

  It permits encroachment into riparian areas.

• § 1023

  Change in use of existing nonconforming use.

  It allows changes in use for existing nonconforming structures.

• § 1023

  Recreational uses within the buffer area, including docks, decks, piers, access areas, landing areas, and beaches.

  It authorizes various recreational uses in riparian buffer areas.

• § 1023

  Utility lines as permitted under Title 26.

  It allows the installation of utility lines in riparian buffer areas.

• § 1024

  All 3 counties shall adopt substantive and technical rules and regulations to implement this chapter.

  It mandates counties to create rules to enforce the new buffer area regulations.

• § 1024

  Regulate the development and use of riparian buffer areas to prevent and control water pollution.

  It allows counties to regulate development to protect water quality.

Action History

1. June 22, 2023

   Introduced and Assigned to Housing Committee in House

Sponsors

• Russell Huxtable · Primary
• Sophie Phillips · Primary
• Valerie Longhurst · Primary

Subjects