7 Del. C. § 6603: Definitions [For application of this section, see 85 Del. Laws, c. 351, § 4].

(a) “Activity” means any dredging, draining, filling, bulkheading, construction of any kind, including but not limited to, construction of a pier, jetty, breakwater, boat ramp, or mining, drilling or excavation.

(b) “Authorized activity” includes any activity allowed after receipt of a permit from the Department.

(c) “Board” means the Environmental Appeals Board.

(d) “Community water access structure” means a structure constructed for the purpose of transporting pedestrians from the uplands of a multi-unit or multi-home community across wetlands to:

(1) Uplands;

(2) A water body, or

(3) To a permitted structure (e.g. dock, observation tower, etc.).

The intent of a community access structure is to provide the community, as a whole, access to the permitted structure rather than multiple individual structures; thereby reducing the overall environmental impacts. A “community water access structure” is not a pier.

(e) “Delaware wetland screening tool” means a screening tool to be developed as a component of the initial regulations promulgated by the Department that could be used to determine whether an area has the potential to qualify as a wetland, including tidal or nontidal wetlands, and could indicate those areas that may require further evaluation to determine if the wetlands are of “exceptional value,” utilizing the factors set forth in this section. The tool shall, where available, provide maps to assist in screening for wetland status, which maps shall, among other layers, include information on all known unique wetland parcels. Such maps will only be determinative of wetland status to the extent the Department so indicates. The tool should also address wetland function, with scored criteria for establishing high function, moderate function, and low function wetland areas. The tool will also separately address high function for purposes of the exemption at § 6606(b)(3) of this title. It is intended that the tool will be updated on an ongoing basis to incorporate current knowledge of the Department. The tool should incorporate guidance to the public on exempt activities. The tool may include other elements as determined by the Department.

(f) “Department” means the Department of Natural Resources and Environmental Control.

(g) “Exceptional value wetlands” shall be defined by regulations, and shall include: wetlands that are:

(1) Unique or high functioning;

(2) Wetlands that, based upon documented and appropriate habitat criteria, support flora or fauna listed as endangered or threatened under the Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq. or listed as endangered pursuant to § 601 of this title

(3) Wetlands located in public water supply Source Water Protection Areas; and

(4) Wetlands located within designated natural areas.

With regard to the second listed criteria, the regulations shall provide guidance on how a landowner can rebut any presumption that a particular wetland supports any given species of concern. This presumption may be rebutted through a “Presence/Probable Absence Study” that will, using standardized field methods and survey efforts, determine whether any particular species of concern is detected or, if not detected, can be treated as probably absent.

(h) “Foot bridge” means a narrow pedestrian bridge that crosses wetlands for the purpose of transporting pedestrians from 1 upland location to another upland location, or to a blind, or to a structure exempt from regulation. Foot bridges crossing wetlands cannot exceed 3 feet in width and the length is restricted to the minimum distance necessary to access an upland site or exempt structure. A foot bridge is not a pier and cannot be constructed for the purpose of transporting pedestrians from uplands across wetlands to a water body or dock. Foot bridges are simple structures with no appurtenances such as but not limited to handrails, utilities, or other associated structures.

(i) “Linear utility infrastructure projects” means the construction, maintenance, repair, and removal of overhead or underground electric or telecommunication transmission lines, underground water or sewage or stormwater conveyance lines, and oil and natural gas pipelines and associated facilities.

(j) “Mitigation” means:

(1) An action undertaken to accomplish 1 or more of the following:

a. Avoid or minimize impacts by limiting the degree or magnitude of the action and its implementation.

b. Rectify the impact by repairing, rehabilitating or restoring the impacted environment.

c. Reduce or eliminate the impact over time by preservation and maintenance operations during the life of the action.

(2) If the impact cannot be eliminated by following paragraphs (j)(1)a. through (j)(1)c. of this section, compensate for the impact by replacing the environment impacted by the project or by providing substitute resources or environments of similar or greater type, size and function.

(k) “Normal residential gardening and lawn and landscape maintenance” means ongoing noncommercial residential activities conducted by or on behalf of an individual occupant, including mowing; planting; fertilizing; mulching; tilling; vegetation removal by hand or by hand tools; and placement of decorative stone, fencing, and play equipment. Other appurtenant noncommercial activities, provided that they do not result in the conversion of a wetland to upland or to a different wetland type, may also be included.

(l) “Person” means any individual, group of individuals, contractor, supplier, installer, user, owner, partnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, administrative agency, public or quasi-public corporation or body, or any other legal entity, or its legal representative, agent or assignee.

(m) “Pilings” means timber, metal, concrete or other similar structures driven, dropped, poured or placed to support a vertical load.

(n) “Preexisting use” means any use of land, or water, or subaqueous lands, or of a structure or any combination of these which was lawfully in existence prior to and in active use on July 17, 1973, or any temporary or seasonal use in active use for 10 consecutive weeks within the last 12 months previous to July 17, 1973.

(o) “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control.

(p) “Unique” wetlands are those categorized by the Department as:

(1) Coastal Plain seasonal ponds;

(2) Inner-dune depression meadows;

(3) Peat-land fens;

(4) Piedmont stream valley wetlands;

(5) Bald cypress swamps

(6) Atlantic white cedar swamps; and

(7) Black ash seepage swamps.

(q) “Voluntary wetland habitat restoration project” means any of the following:

(1) Activities that are voluntarily undertaken to restore, reestablish, rehabilitate, or enhance altered or degraded or former aquatic habitats, and that result in a net increase in aquatic habitat functions and services,

(2) Activities to maintain or manage aquatic sites where activities described in paragraph (q)(1) of this section have taken place,

(3) A voluntary wetland habitat restoration project may only include construction activities related solely to the habitat restoration action.

(4) A voluntary wetland habitat restoration project does not include an activity undertaken to fulfill, currently or in the future, a federal, state, or local aquatic habitat permit mitigation requirement.

(5) “Aquatic habitat functions and services” means any of the following:

a. Aquatic habitat hydrology that approximates the pre-disturbance condition or that emulates the natural condition of the aquatic habitat,

b. Fish and wildlife habitat quality or quantity,

c. Plant community quality, characterized by native vegetation types and diversity,

d. Water- and soil-related functions of the aquatic habitat, such as nutrient removal, sediment reduction, flood control or groundwater recharge,

e. Recreational use of the aquatic habitat, including, but not limited to, hunting, fishing, trapping and birdwatching, and providing recreational access consistent with the restoration project.

(r) “Wetlands” means all tidal and nontidal wetlands in this State. The terms “wetlands,” “nontidal wetlands,” and “tidal wetlands” shall be defined in regulations adopted by the Department, which regulations must be based upon generally accepted criteria and methodologies,including:

(1) The U.S. Army Corps of Engineers Wetlands Delineation Manual dated January 1987; and

(2) Any regional supplemental guidance pertaining to local conditions.

(s) “Wetland walkway” means a walkway constructed for the purpose of transporting pedestrians from uplands across wetlands, to:

(1) Uplands;

(2) A water body; or

(3) To a permitted structure (e.g. dock, observation tower, etc.).

The width and height of a Wetland Walkway shall be constrained to the dimension needed to enable 1–stop permitting of both State and federal permits by means of State programmatic general permits. A “wetland walkway” is not a pier.