Delaware Administrative Code
Title 7 - Natural Resources and Environmental Control
5000 - Division of Watershed Stewardship
5102 - Regulation Governing Beach Protection and the Use of Beaches
Section 5102-3.0 - Prohibited Activities

3.1.1.1 The Division has made a determination during the permit application processing stage that the size of the area of the parcel of real property located landward of the Building Line is inadequate for construction of the proposed structure or a portion thereof. However, the Division's determination as to the adequacy of the area of the parcel of land located landward of the Building Line, or as to any modification or redesign shall not conflict with any Federal, County or local laws, regulations, or planning, zoning and building ordinances.

3.1.1.2 That the dimensions and location of the structure, or portions thereof, as proposed and other design aspects of the proposed construction project, including, but not limited to, parking lots and landscaping, cannot be modified or redesigned in order to have the final structure or portion thereof located either less seaward or completely landward of the Building Line in accordance with the four-step process outlined in subsections 3.1 .1.2.1 through 3.1.1.2.4 of this regulation. (See subsection 5.3 .2 of this regulation for further explanation of what the Division will examine when a permit application is processed and whether or not the proposed structure, or portion thereof, may have to be modified or redesigned). However, the Division's determination as to the adequacy of the area of the parcel of land located landward of the Building Line, or as to any modification or redesign shall not conflict with any Federal, County or local laws, regulations or planning, zoning and building ordinances. (Note that this exception shall not apply if the provisions of subsection 3.1 .1 of this regulation are applicable to the parcel of land in issue.) A person is not required to follow the requirements of the four-step process if they demonstrated through the submission of a sealed survey of the lot that all construction will be located entirely landward of the Building Line. In this case, the applicant must apply for a letter of approval as required by subsection 4.8 of this regulation.

3.1.1.3 Whenever a deck or porch is being constructed along with a new building, and said deck or porch is located at or above the lowest living floor of the building, said deck or porch is also making use of the foundation of said building (i.e. cantilevering) and said deck or porch shall not extend beyond the most seaward point that is the average distance seaward of the Building Line of any lawfully constructed building, deck or porch of a similar nature that is already existing on parcels of real property located within the smallest subset of lots, within the same subdivision as the parcel of real property on which the building, or deck or porch is proposed. Future enclosure of the cantilevered deck or porch is prohibited and the area underneath the deck shall remain open and free of all obstructions.

3.1.1.4 The Division has made a written determination that the proposed structure, or a portion thereof, must be located seaward of the Building Line on a parcel of land in order that the intended purpose of the structure, or a portion thereof, will be achieved. The provisions of this Section and subsection may apply to the following types of structures: pipelines, docks, piers, wharves, boat ramps, and other harbor structures, as well as other types of structures that have the purpose of protecting the beach or shore, preventing beach erosion, and carrying out the purposes of the Act and the Regulations. However, for purposes of this Section and subsections, a building, patio, deck, swimming pool, carport, driveway or similar type of structure shall not be considered by the Division as being the type of structure that must be located seaward of the Building Line on a parcel of land in order to achieve the intended purpose of the structure. The Division may require that these latter types of structures, or portions thereof, be constructed landward of the Building Line, or not constructed at all.

3.1.1.5 If a structure is completely removed from its foundation for replacement of said foundation, and 75% or more of the original structure remains intact, and such a structure does not have to be located seaward of the Building Line in order to achieve its intended purpose pursuant to subsection 3.1 .1.4 of this regulation, then such a structure shall be required to be located entirely landward of the Building Line or shall be located as far landward as possible on the parcel of real property in question, taking into consideration all Federal, State and local laws, rules, regulations and zoning and building ordinance. Under these circumstances subsection 3.1 .1.2 of this regulation (the 4-step process) would not apply.

3.1.1.6 In those cases where the mapped Building Line either transects or is landward of lots that, in turn, are landward of lots with existing habitable structures, the Building Line will not be used to modify either location or dimension of buildings on the more landward lot.

3.1.2.1 The parcel of real property, or a portion thereof, on which a proposed structure, or portion thereof, would be constructed, was subdivided from a large parcel of real property after August 13, 1981. In addition, at the time said parcel of real property, or portion thereof, was subdivided from a larger parcel of real property, construction of a structure, or portion thereof, would not have been approved by the Division because the size of the area landward of the Building Line on the smaller subdivided parcel of real property was inadequate. (See subsection 2.12 and Section 4.0 of the Regulations.)

3.2.1.1 The provisions of subsection 3.1.1.4 of the Regulations should be applied to the proposed modification or expansion because the intended purpose of the structure, or portion thereof, that is to be modified or expanded must be achieved. A permit shall be required for work under this Section. See Section 4.0 of these Regulations.

3.2.1.2 The modification or expansion consists of only a deck or porch located at or above the lowest living floor of a building, and the modification or expansion makes use of the foundation of said building (i.e. cantilevering) that existed prior to said modification or expansion. However, any deck or porch or portion thereof, that is modified or expanded pursuant to any provision of this Section shall not extend beyond the average distance seaward of the Building Line of any existing lawfully constructed buildings or decks or porches of a similar nature that is already existing on parcels of real property that are located within the smallest subset of lots, within the same subdivision as the parcel of real property on which the modification or expansion is proposed. A letter of approval shall be required for work under the Section. See Section 4.0 of these Regulations.

3.7.1.1 The operation of any motorized vehicle or machine on, over or across the primary dune on any State-owned or maintained beach except at those locations specified by the Department for such use (see current State Parks Rules and Regulations for additional rules);

3.7.1.2 Transportation or storage of any type of boat across or on the primary dune on any State-owned or maintained beach except at locations approved or permitted by the Department;

3.7.1.3 Pedestrian traffic on, over or across the primary dune on any State-owned or maintained beach except at those locations specified by the Department for such use;

3.7.1.4 The alteration, moving or removal of any facility, improvement or structure installed or maintained by the Department for enhancement, preservation or protection of any beach; and

3.7.1.5 The damaging, destruction or removal of any trees, shrubbery, beach grass or other vegetation growing on any State-owned or maintained beach seaward of the Building Line.

3.8.1.1 If the temporary structures, such as, but not limited to, tents, wedding alters, chairs or tables, are being placed on the beach for an event that will last only 72 hours or less, the requirement to obtain a letter of approval is waived. However, the provisions of subsection 3.7 .1.5 of this regulation still apply.