On October 7, 2015 the Delaware Superior Court ruled that the 2014 Sediment & Stormwater Regulations were invalid. Why? The very definition of "regulation" came to light. The Technical Document issued by DNREC to provide guidance for following the new regulations was being enforced by DNREC as if it were law. If it was intended to be enforced in this way, the Technical Document should have followed Delaware’s Administrative Procedures Act (APA) procedures for adoption as the regulations had.
DNREC has appealed the Court's decision. In the interim, DNREC has adopted emergency sediment and stormwater regulations, reinstating the 2014 regulations invalidated by the Court and is adopting the Technical Document as part of the regulations. The interim regulations were adopted under the state's APA and will be in effect for 120 days and may be extended for an additional 60 days while the regulations and Technical Document go through the formal adoption process as required by state law.
More information on this decision:
- Court Decision
- DNREC adopts interim emergency sediment and stormwater regulations as appeal is filed with state Supreme Court
If you would like to discuss this issue in depth or would like to discuss your site issues, please contact:
Barry G. Stingel, RLA, ASLA
Senior Landscape Architect & Land Planner