7 Del. C. § 7203: Jurisdiction [Effective Sept. 19, 2026].

(a) The Secretary shall have jurisdiction over any project involving ungranted subaqueous lands owned by this State, and shall have jurisdiction and authority to convey a fee simple of lesser interest or to grant an easement with respect to all projects involving these lands. All jurisdiction and authority remaining in this State as to subaqueous lands for which leases have been made or may be made is invested in the Secretary.

(b) Owners of private subaqueous lands must obtain a permit from the Department before making any use of such lands which may contribute to the pollution of public waters, infringe upon the rights of the public, infringe upon the rights of other private owners or make connection with public subaqueous lands.

(c) All activities in private nontidal subaqueous lands authorized under a nationwide permit issued by the United States Army Corps of Engineers and in effect in Delaware are exempt from this chapter; provided that a water quality certification has been received from the Department where necessary.