§ 4206 — Actions by the Department upon applications

(a) Public notice of application shall consist of an advertisement in a newspaper of general circulation in the county in which the activity is proposed and in a daily newspaper of general circulation throughout the State to include the fact that the application has been received, a brief description of the nature of the application and the place at which a copy of the application may be inspected:

(b) Following the receipt of requested comments the Department shall approve, disapprove, or approve subject to conditions necessary to ensure safety all applications pursuant to this chapter.

(c) A defective application shall not be rejected but notice of the defects shall be sent to the owner. If the owner fails to file a perfected application within 30 days of the date of the notice the original shall be canceled unless further time is allowed.

(d) If the Department disapproves an application, 1 copy shall be returned with a statement of its objections. If an application is approved, the approval shall be attached thereto, and a copy returned. Approval shall be granted under terms, conditions, and limitations which the Department deems necessary to safeguard life and property.

(e) Construction shall be commenced within 2 years after the date of approval of the application and completed within 5 years of commencement of construction or the approval is void. The Department upon written application and good cause shown may extend the time for commencing construction or for completing the construction. Notice by registered or certified mail shall be given the Department at least 10 days before construction is commenced.

Legislative History

74 Del. Laws, c. 392, § 1