DNREC Workshop on Regulations Governing Beach Protection and the Use of Beaches

DOVER (Aug. 27, 2015) – DNREC’s Division of Watershed Stewardship’s Shoreline & Waterway Management Section will hold two public workshops next month addressing proposed changes to Delaware’s Regulations Governing Beach Protection and the Use of Beaches. The first workshop will take place from 2 – 4 p.m., Friday, Sept. 25, at the Milton Public Library, 121 Union Street, Milton, DE 19968; with the second workshop set for 10 a.m. – noon, Saturday, Sept. 26, at the Bethany Beach Town Hall, 214 Garfield Parkway, Bethany Beach, DE 19930.

The Shoreline & Waterway Management Section anticipates updating the Regulations Governing Beach Protection and the Use of Beaches to incorporate legislative changes to the Beach Protection Act, increase effectiveness of the state’s Coastal Construction Program and to improve DNREC’s protection of the beach and dune system.

Notable proposed changes are:
• Formal approvals for construction activities on lots between the Mean High Waterline and the first public road are currently required. The Beach Preservation Act (Del. Code Title 7, Ch. 68) and proposed regulations define a “Regulated Area,” which would require formal approval for construction activities for the first three buildable lots landward of the Mean High Waterline. This will expand the amount of lots required to get approval in some areas and reduce it in others.
• Due to recent amendments to the Beach Preservation Act (Del. Code Title 7, Ch. 68), proposed regulations direct DNREC to consider the effects of beach nourishment when existing houses located seaward of the Building Line are being reconstructed after being destroyed by an “Act of God or other accidental event.”
• Placement and approval of temporary structures are directly addressed in the proposed regulations. The placement of temporary structures related to an event lasting 72 hours or less will be exempt from getting approval.
• The four-step process for designing dwellings seaward of the Building Line to minimize encroachment onto beach and dunes, which is currently Department policy, is incorporated into the proposed regulations.
The workshops will provide the public with information about updates to the regulations and are open to questions and comments. A presentation will be made by DNREC at the start of each workshop, followed by a question-and-answer period. The same content will be presented at both workshops.

More information about the updating of beach regulations can be found on the DNREC website. Copies of the draft proposed updates to the Regulations Governing Beach Protection and the Use of Beaches may be obtained by contacting the Shoreline & Waterway Management Section, Division of Watershed Stewardship, 89 Kings Highway, Dover, DE 19901, phone number 302-739-9921, or by emailing DNREC Environmental Scientist Jennifer Luoma.

Here is a copy of the proposed regulations: 5102 Draft Regulations 6-23-15 with comment. The blue strikeouts are deletions. The red underlined text is additions or changes and the green comments are the reasons for the changes.