7 Del. Admin. Code § 101-4.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 101-4.0 - Prohibited Uses

The following uses or activities are prohibited in the Coastal Zone:

4.1 Heavy industry use of any kind not in operation on June 28, 1971, unless such use is undertaken pursuant to a conversion permit under these regulations, however, no conversion permit shall be issued for:

4.1.1 An oil refinery;

4.1.2 A basic cellulosic paper mill;

4.1.3 An incinerator;

4.1.4 A basic steel manufacturing plant;

4.1.5 A liquefied natural gas terminal;

4.1.6 A heavy industry use at a location that is not within the footprint of a non-conforming use as depicted in Appendix B of these regulations.

4.2 Extension of any non-conforming uses beyond their footprint(s) as depicted in Appendix B of these regulations.

4.3 Offshore gas, liquid, or solid bulk product transfer facilities which were not in operation on June 28, 1971, unless such uses are undertaken pursuant to a conversion permit granted under these regulations.

4.4 The conversion of an existing unregulated, exempted, or permitted facility to a heavy industry use.

4.5 Bulk product transfer facilities and pipelines which serve as bulk transfer facilities that were not in operation on June 28, 1971, unless such uses or activities are undertaken pursuant to a conversion permit granted under these regulations.

4.6 The conversion or use of existing unregulated, exempt, or permitted docking facilities for the transfer of bulk products, unless such uses or activities are undertaken pursuant to a conversion permit granted under these regulations.

4.7 The construction, establishment, or operation of offshore gas, liquid, or solid bulk product transfer facilities which were not in operation on June 28, 1971.

4.8 Individual pipelines or sets of pipelines which are not associated with a use that obtains a permit but which meet the definition of bulk product transfer facilities.

4.9 Any new tank farm greater than 5 acres in size not associated with a manufacturing use is prohibited as a new heavy industry use.

4.10 Basic cellulosic pulp paper mills, incinerators, basic steel manufacturing plants, or liquefied natural gas terminals unless such facilities were operating on June 28, 1971.

7 Del. Admin. Code § 101-4.0

23 DE Reg. 222 (9/1/2019) (final)