7 Del. C. § 6621: Creation of the Wetlands Regulatory Advisory Committee.

(a) There is hereby established the Wetlands Regulatory Advisory Committee ( “Committee” ).

(b) The Committee shall assist the Department in developing the initial regulations required under this chapter, shall review the first 3 years of implementation of the initial regulations, shall report on that review as set forth in this section, and shall provide guidance in other matters related to the work under this chapter as requested by the Secretary.

(c) The Committee shall consider nationally recognized best practices and standards, as well as actions that surrounding states have implemented concerning incentive programs, policies, and assumption of regulatory roles. The Committee shall also evaluate the permitting processes for activities regulated by state and federal agencies with the goals of reducing duplication, providing efficient 1-stop permitting, expediting voluntary wetland habitat project permits, and improving this State’s ability to account accurately for cumulative and individual impacts.

(d) The Wetlands Regulatory Advisory Committee shall be composed of 25 members as follows:

(1) The county administrator or county executive, or the county administrator’s or county executive’s designee, from each county.

(2) Three members from the Delaware Farm Bureau, including 1 from each county. The Delaware Farm Bureau shall propose at least 2 candidates from each county to the Governor for membership on the Committee, and the members shall be appointed by the Governor.

(3) One member who represents the conservation districts and whose job requires expertise in stormwater management, appointed by the Governor.

(4) Eight members from the environmental advocacy community. Each of the following organizations shall propose candidates to the Governor for membership on the Committee, and the Governor shall appoint 1 member from each organization:

a. Delaware Center for Inland Bays.

b. The Delaware Chapter of the Sierra Club.

c. The Delaware Nature Society.

d. The Delaware Ornithological Society.

e. The Delaware Wild Lands.

f. Ducks Unlimited.

g. The Nature Conservancy.

h. An additional environmental advocacy organization to be identified by the Governor.

(5) One member from an environmental justice organization, to be identified and appointed by the Governor.

(6) One member from the Home Builders Association of Delaware. The Home Builders Association of Delaware shall propose candidates to the Governor for membership on the Committee, and the member shall be appointed by the Governor.

(7) One member from the Delaware Association of Realtors. The Delaware Association of Realtors shall propose candidates to the Governor for membership on the Committee, and the member shall be appointed by the Governor.

(8) One member from the American Council of Engineering Companies of Delaware. The American Council of Engineering Companies of Delaware shall propose candidates to the Governor for membership on the committee, and the member shall be appointed by the Governor.

(9) One member from the Delmarva Chicken Association. The Delmarva Chicken Association shall propose candidates to the Governor for membership on the committee, and the member shall be appointed by the Governor.

(10) One member from a general business group, to be identified and appointed by the Governor.

(11) One member who is a private wetlands consultant, certified by the Society of Wetlands Scientists, with at least 15 years of experience working in this State, appointed by the Governor.

(12) Three members from higher education institutions, including 1 faculty member with a specialization in wetlands science, 1 faculty member with a specialization in agricultural economics, and 1 faculty member from the University of Delaware Cooperative Extension with knowledge of forestry or soil conservation, appointed by the Governor.

(e) The Committee shall have 2 co-chairs, elected by the Committee at its first meeting.

(f) Each committee member appointed by the Governor shall serve for a term of 3 years and shall be eligible for re-appointment for terms of 3 years. An appointment to replace a member whose position becomes vacant prior to the expiration of the member’s term shall be filled only for the remainder of that term. Members shall continue to serve after the expiration of their terms until they resign, are reappointed, or are replaced. Members named by an organization can be replaced at any time at the election of the organization.

(g) Members of the Committee shall serve without compensation

(h) The co-chairs of the Committee may establish such subcommittees of the Committee as the co-chairs determine would provide assistance to the Committee in meeting its responsibilities. Any subcommittee shall be chaired by a committee member.

(i) A quorum of the Committee is a majority of the committee’s members. A vacant position is not counted for quorum purposes.

(j) Official action by the Committee, including making findings and recommendations, requires the approval of a majority, plus 1 additional member, of the committee members at a meeting where a quorum is present.

(k) Any member missing 2 consecutive meetings without good cause shall be eligible for replacement, at the discretion of the co-chairs.

(l) The Committee may adopt rules necessary for its operation. If the Committee does not adopt rules or if the adopted rules do not govern a given situation, Robert’s Rules of Order governs.

(m) The Committee may invite individuals with relevant expertise to participate in committee discussions.

(n) The Committee shall organize and hold its first meeting by August 1, 2026. The Department shall;

(1) Identify the time and place of the initial meeting;

(2) Provide staff to administer the Committee; and

(3) Support the Committee regarding both regulatory and technical matters.

The Committee must submit regulations for approval by the Secretary by August 1, 2027.

(o) Upon promulgation of the initial regulations required by this chapter, the Committee shall review the Department’s implementation of those regulations and the overall operation of the wetlands program for a 3-year period, and shall, within 1 year after this period, provide a final report making recommendations for legislative or regulatory improvements to the wetlands program. This final report shall be provided to the Governor, President Pro Tempore of the Senate, and the Speaker of the House of Representatives for distribution to the members of the General Assembly, with a copy to the Director and the Legislative Librarian of the Division of Legislative Services, and the Delaware Public Archives.