An interesting article appeared in the News Journal this week describing the latest developments relating to the on-going Sussex County lawsuit against DNREC for their promulgation of the Inland Bays Pollution Control Strategies, most notably regarding buffers. While there is still considerable debate on the efficacy of buffers, the article did state that attempts to settle the dispute are ongoing. The implications being that some form of buffer regulation will likely prevail. As the “last word” regarding this subject has yet to be written, it is unclear how the final form of these regulations will affect proposed projects or agricultural land containing wetlands, streams, water bodies, forested areas, on-site treatment and disposal or tax-ditches for lands draining to the Inland Bays.
A link to all DNREC documentation is here: http://www.dnrec.state.de.us/water2000/Sections/Watershed/ws/ib_pcs.htm
A link to DNREC Summary is here: http://www.dnrec.state.de.us/water2000/Sections/Watershed/ws/FactSheet_IBPCS_101408.pdf
Additional regulations relating to water quality and limitations for discharge are currently being proposed at the Federal level that will ultimately be the responsibility for DNREC to regulate and enforce. We believe that the abundance of newly proposed and developing regulations coupled with the internal reorganization of DNREC recently announced will result in a significant departure from today’s status-quo. Landmark/JCM will continue to monitor these issues and how they may affect future development. Please contact us with any questions or to meet with us for your next successful project.
by Keith Rudy, Water Resources Branch Manager
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