Delaware Administrative Code
Title 7 - Natural Resources and Environmental Control
5000 - Division of Watershed Stewardship
5103 - Delaware Dam Safety Regulations
Section 5103-1.0 - Regulating Agency

1.1 The Delaware Dam Safety Program shall be administered by the Delaware Department of Natural Resources and Environmental Control (Department). The program shall be administered and directed by an engineer, licensed in the State of Delaware, or by an individual otherwise clearly qualified by training and experienced in the design, construction, reconstruction, enlargement, repair, alteration, breach, removal, maintenance, operation, and abandonment of dams and reservoirs.

1.2 The Department shall have the authority to review and approve the design, construction, reconstruction, enlargement, alteration, repair, maintenance, operation, breach, abandonment, and removal of dams and reservoirs for the protection of life, property, public infrastructure, and lifeline facilities.

1.3 In making any investigation or inspection necessary to enforce these Regulations, the Department or its representatives may enter upon such private property of the dam owner as may be necessary.

1.4 When the Department determines that a dam and reservoir constitute a risk to life or property, the agency shall order the owner to take such action as necessary to remove the resultant risk to life and property.

1.5 No action shall be brought against the State of Delaware, or any agent of the Department, or any employee of the State of Delaware or the Department for damages sustained through the partial or total failure of any dam, its misoperation, or its maintenance by reason of any supervision or other action taken pursuant to or under these Regulations. Nothing in these Regulations shall relieve an owner or operator of a dam from the legal duties, obligations, and liabilities arising from such ownership and operation.