Delaware § 149 Authority to adopt regulations governing state land

Delaware Statutes

§ 149 — Authority to adopt regulations governing state land

Delaware § 149

Title17

Ch. 1GENERAL PROVISIONS

Subch.Jurisdiction, Powers and Duties of Department

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Bluebook

Del. Code tit. 17, § 149 (2026).

Text

(a)The Department shall have the authority to adopt rules, regulations or restrictions governing the use of or the conduct on those lands owned, controlled or in the custody of the Department. Such rules, regulations or restrictions adopted pursuant hereto may be adopted to control such behavior as, but not limited to, loud and tumultuous behavior, the sale or consumption of alcoholic beverages, or sales of goods or services for profit or vending operations of any kind without a permit issued by the Department. The Department shall also have the authority to issue rules and regulations to meet its requirements under federal, state and local environmental laws, including but not limited to the National Pollutant Discharge Elimination System (NPDES) permits required by the Clean Water Act [

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(a) The Department shall have the authority to adopt rules, regulations or restrictions governing the use of or the conduct on those lands owned, controlled or in the custody of the Department. Such rules, regulations or restrictions adopted pursuant hereto may be adopted to control such behavior as, but not limited to, loud and tumultuous behavior, the sale or consumption of alcoholic beverages, or sales of goods or services for profit or vending operations of any kind without a permit issued by the Department. The Department shall also have the authority to issue rules and regulations to meet its requirements under federal, state and local environmental laws, including but not limited to the National Pollutant Discharge Elimination System (NPDES) permits required by the Clean Water Act [33 U.S.C. § 1342 et seq.].

(b) Any violation of any rule, regulation or restriction adopted pursuant hereto by the Department shall constitute a class B misdemeanor as defined in Title 11 and any person found to be in violation thereof shall receive a penalty in accordance therewith.

(c) (1)Legislative findings. —The General Assembly finds that the proliferation of sporting and recreational activity taking place in and adjacent to the State’s public rights-of-way is growing along with the State’s population, and further finds that such mixed-use activity threatens the safety of the recreants as well as members of the motoring public.

(2) In keeping with the General Assembly’s legislative findings herein, and in order to promote safe neighborhood recreation, the Department shall make every effort to remove from public rights-of-way devices such as basketball hoops, hockey goals, shuffleboards and the like. The Department is further authorized and directed to establish such regulations as may be necessary and appropriate to enforce this activity. The regulations may include provisions for recreational use agreements with public agencies or other responsible entities for State property under Department control, that the Department may determine as suitable for these activities. Notwithstanding any other provision of state law to the contrary, any repeat offender found in violation of the regulations adopted pursuant to this subsection shall pay a fine of $25 per incident.

Legislative History

66 Del. Laws, c. 181, § 1 ; 72 Del. Laws, 1st Sp. Sess., c. 258,, §§ 114, 115 ; 72 Del. Laws, c. 282, § 1 ; 75 Del. Laws, c. 98, § 110 ; 75 Del. Laws, c. 230, § 12