Leasing and Ownership within Ocean and Coastal Waters
A Conservation Practitioner's Toolkit

Delaware Summary

The Ocean and Coast

Delaware has 28 miles of oceanfront coastline along the Atlantic Ocean and over 381 miles lining various estuaries, including Delaware Bay. The state owns most of the submerged lands from mean low water out to three nautical miles offshore.

Conservation Leasing and Ownership

As of June 2007, The Nature Conservancy had not undertaken formal law, policy, or spatial data assessments regarding options for private conservation of tidelands and submerged lands in Delaware. As such, we do not have a clear picture of what is legally possible, nor do we have a clear understanding of the ownership and leasing patterns across the coastal landscape and seascape. At this time, organizations wishing to pursue leasing or ownership of lands or resources lying below the high tide line should undertake site-specific assessments or work with state agency staff to evaluate opportunities statewide.

Whether organizations pursue leasing or ownership opportunities, several local, state, and federal authorizations may be required to undertake conservation activities on tidelands and submerged lands in Delaware. The information that follows provides context for and information regarding possible authorization needs.

Submerged Lands and Tidelands

In Delaware, tidelands are those lands lying between the mean high water line and mean low water line while submerged lands are those lands lying between the mean low tide line and three-mile seaward extent of the state's jurisdictional limit. Together, tidelands and submerged lands are referred to as subaqueous lands. The Wetlands and Subaqueous Lands Section in the Department of Natural Resources and Environmental Control, Division of Water Resources, issues leases and permits for activities affecting tidal wetlands and subaqueous lands. Currently, the subaqueous lands leasing program is not well-developed, but the department has granted terrestrial conservation easements and leases in the past, and is interested in the idea of subaqueous lands leasing for conservation and restoration purposes. Also, the division can grant one-year leases of shellfish grounds.

Delaware Department of Natural Resources and Environmental Control
Wetlands and Subaqueous Lands Section - Division of Water Resources
89 Kings Highway
Dover, DE 19901
Tel: 302-739-9943
Email: Laura.Herr@state.de.us

Coastal Zone

Delaware’s Coastal Management Program (CMP) is coordinated by the Department of Natural Resources and Environmental Control (DNREC), Division of Soil and Water Conservation. The CMP is administered through a number of divisions within DNREC, including Divisions of Water Resources, Fish and Wildlife, Parks and Recreation, Air and Waste Management, and DNREC’s Office of the Secretary. The CMP provides research, planning, and technical assistance, conducts on-the-ground projects, and does federal consistency review.

Department of Natural Resources and Environmental Control
Coastal Programs - Division of Soil and Water Conservation
89 Kings Highway
Dover, DE 19901
Tel: 302-739-9283
Email: sarah.cooksey@state.de.us

Shoreline Development and Beaches

Permits or licenses are needed from the Shoreline and Waterway Management Section of the Department of Natural Resources and Environmental Control, Division of Soil and Water Conservation, for coastal construction activities, and activities impacting beaches and dunes.

Department of Natural Resources and Environmental Control
Shoreline and Waterway Management Section - Division of Soil & Water Conservation
89 Kings Highway
Dover, Delaware 19901
Tel: 302-739-9921
Email: Daniel.Brower@state.de.us

Water Quality

Construction projects must comply with Sediment and Stormwater Management Program of the Department of Natural Resources and Environmental Control (DNREC), Division of Soil and Water Conservation.

Department of Natural Resources and Environmental Control
Sediment and Stormwater Program - Division of Soil & Water Conservation
89 Kings Highway
Dover, DE 19901
Tel: 302-855-1930
Email: jamie.rutherford@state.de.us

The Nonpoint Source Program of DNREC provides education, publications, partnerships and grants for better management of runoff.

Department of Natural Resources and Environmental Control
Division of Soil & Water Conservation
89 Kings Highway
Dover, DE 19901
Tel: 302-739-9922
Email: Robert.Palmer@state.de.us

Point source discharges are regulated and permitted by the Division of Water Resources of the DNREC, through its Surface Water Discharges Section and Ground Water Discharges Section.

Department of Natural Resources and Environmental Control
Division of Water Resources
89 Kings Highway
Dover, DE 19901
Tel: 302-739-9950

Surface Water Discharges
Tel: 302-739-9946
Email: Peder.Hansen@state.de.us

Ground Water Discharges
Tel: 302-739-9948
Email: Dave.Schepens@state.de.us

Fish and Wildlife

The Division of Fish and Wildlife Management (Department of Natural Resources and Environmental Control) is responsible for protecting and managing the state’s fisheries. Any entity seeking to undertake conservation activities that could impact fish or their habitat should contact this division.

Department of Natural Resources and Environmental Control
Division of Fish and Wildlife
89 Kings Highway
Dover, DE 19901
Tel: 302-739-9910
Email: Roy.Miller@state.de.us

Aquaculture

The Delaware Department of Agriculture is the primary manager of aquaculture in the state, although projects are minimal at this time. Entities interested in pursuing aquaculture should call the department and speak to a representative to determine the best path for doing so.

Delaware Department of Agriculture
2320 South DuPont Highway
Dover, Delaware 19901
Tel: 302-698-4500

 

Step 1: Getting Started
1.1 Lease and Own 101
1.2 Myths
1.3 Important Terms
Step 2: Decision Checklist
2.1 Conservation Priorities
2.2 Threats and Strategies
2.3 Organization Capacity
2.4 Ownership and Use
2.5 Laws and Policies
2.6 Owners and Agencies
2.7 Partners and Funders
Step 3: Acquisition Checklist
3.1 Project Initiation
3.2 Title Report
3.3 Owner Contact
3.4 Proposal Completion
3.5 Terms and Conditions
3.6 Funding
3.7 Documentation
3.8 Due Diligence
3.9 Regulatory Permits
3.10 Final Actions
3.11 Site Plan
Step 4: Implementation
4.1 Science
4.2 Habitat
4.3 Maintenance
4.4 Public Use
4.5 Enforcement
4.6 Outreach
Country Summaries
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Case Studies
Agreement: Ecuador
Agreement: Fiji
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Agreement: Phoenix Islands
Concession: Chile
Lease: California
Lease: Connecticut
Lease: Indonesia 1
Lease: Indonesia 2
Lease: Tanzania
Lease: Washington
Lease/Own: California
Lease/Own: UK
License: Rhode Island
Own: Massachusetts
Own: New York
Own: North Carolina
Own: Texas
Own: Virginia
Own: Washington
Program: Arizona
Program: Washington
Permit: California
Permit: Mexico
Resources
Assessments
Contact Information
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Maps and Data
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Related Tools
Sample Documents
Workshop

 

Leasing and Ownership within Ocean and Coastal Waters     Copyright © 2007 The Nature Conservancy