7 Del. Admin. Code § 101-6.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 101-6.0 - Uses Requiring a Permit

6.1 The following uses or activities are permissible in the Coastal Zone by permit. Permits must be obtained prior to any land disturbing or construction activity.

6.1.1 The construction of pipelines or docking facilities serving as offshore bulk product transfer facilities if such facilities serve only one on-shore manufacturing or other facility. To be permissible under these regulations, the materials transferred through the pipeline or docking facilities must be used as a raw material in the manufacture of other products, or must be finished products being transported for delivery.

6.1.2 A recycling plant or sewage treatment plant not excluded by subsection 5.1.20 of the Regulations.

6.1.3 Any new activity, with the exception of those listed in Section 5.0 of these regulations, proposed to be initiated after promulgation of these regulations, which constitutes an alternative or additional use or bulk product transfer facility on a heavy industry use site, or which is conducted by an existing heavy industry or a new or existing manufacturing facility that may result in any negative impact on the following factors as found in 7 Del.C. § 7004 (b):

6.1.3.1 Environmental impact, including but not limited to, items 8.2.1 through 8.2.10 of these regulations;

6.1.3.2 Economic effect, including the number of jobs created and the income which will be generated by the wages and salaries of these jobs in relation to the amount of land required, and the amount of tax revenues potentially accruing to state and local government;

6.1.3.3 Aesthetic effect, such as impact on scenic beauty of the surrounding area;

6.1.3.4 Number and type of supporting facilities required and the impact of such facilities on all factors listed in this subsection;

6.1.3.5 Neighboring land uses including, but not limited to, effect on public access to tidal waters, effect on recreational areas and effect on adjacent residential and agricultural areas; and

6.1.3.6 County and municipal comprehensive plans for the development and/or conservation of their areas of jurisdiction.

7 Del. Admin. Code § 101-6.0

5 DE Reg. 930 (10/01/01)
23 DE Reg. 222 (9/1/2019) (Final)