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If you determine that there are wetlands on your property, it means that you may need a permit from DNREC and/or the Army Corps of Engineers if you are proposing any construction or landscape modification activity that might encroach upon the wetlands.
Wetlands cover nearly 25 percent of Delaware; there are both tidal and non-tidal wetlands in the First State. Wetlands provide many important services to humans and the environment. They improve water quality. They provide habitat for fish, wildlife and rare plants.
Delaware regulates all of its tidal wetlands as well as those non-tidal wetlands that include 400 or more contiguous acres under the Delaware Wetlands Act (7 Del. Code, Chapter 66) and the Wetlands Regulations (7 DE Admin. Code 7502).
7500 Wetlands and Subaqueous Lands. The Secretary of the Department of Natural Resources and Environmental Control of Delaware establishes and adopts the following regulations, pursuant to the authority granted by Section 6607 of the Wetlands Act of 1973 (7 Del. C. Ch.
You'll have to have a permit if you want to build on or develop any regulated wetland, and you have to be approved for that permit before starting to build. Permits are approved once the delineation process is done. The USACE evaluates over 85,000 permit applications per year, and out of those, around 95% are approved.