§ 7207 — Application

(a) Each applicant for a lease, permit or grant, pursuant to this chapter, shall file with the Secretary a request stating in detail the type of lease, permit or grant desired, showing the location of the area and containing specifications for any proposed construction.

(b) The Secretary may require such additional information as will enable the Secretary to consider the application properly. The Secretary may require an environmental assessment to be provided if the Secretary determines that the proposed use or activity may have a substantial adverse effect upon the environment.

(c) The Secretary may request of any state agency a report or recommendation concerning any application before the Department.

(d) Upon receipt of an application in proper form, the Secretary shall post on the Department’s website and advertise in a daily newspaper of statewide circulation and in a newspaper of general circulation in the county in which the activity is proposed, notice that complies with the provisions of § 8032 of Title 29 and contains the following:

(1) The fact that the application has been received;

(2) A brief description of the nature of the application; and

(3) A statement that any interested person may submit a written public hearing request expressing opposition to the application.

(e) If the Secretary decides that a public hearing request is not meritorious, the Secretary shall then provide a written response so stating the Secretary’s reasons.

Legislative History

65 Del. Laws, c. 508, § 2 ; 70 Del. Laws, c. 186, § 1 ; 84 Del. Laws, c. 42, § 1 ; 84 Del. Laws, c. 103, § 4