Town of Fenwick Island, DE Chapter 81 Erosion Control

[HISTORY: Adopted by the Town Council of the Town of Fenwick Island 2-25-1994 as Ord. No. 73. Amendments noted where applicable.]

§ 81-1 Erosion control structure required.

The shorelines of all private properties, including the sides and flooring of boat ramps, and of all public streets, bordering on bayside waters shall be protected from erosion by the installation and maintenance of permanent structures such as bulkheads or riprap, except where positioning of such structures at the shoreline is not allowed by the Department of Natural Resources and Environmental Control (DNREC) of the State of Delaware.

§ 81-2 Notice of nonexistent or insufficient protection structure.

[Amended 12-19-2003; 3-22-2019]

Each year the Town's Building Official shall determine which private properties have either no erosion protection structure or a deteriorated structure no longer effective in controlling erosion. With the concurrence of the Town Manager and one individual appointed annually by the President of Town Council, who shall be known as the Erosion Control Official for the Town, the Building Official shall give written notice to the owner of each such property requiring that the installation of a new or repaired structure shall be completed by no later than one year after the date of such notice. A deteriorated structure no longer effective in controlling erosion is defined as one having water routinely collected on the land side of the structure during normal high tides.

§ 81-3 Permit required for modification of shoreline.

Any shoreline modification such as bulkheading, riprap, boat ramps, landfill or the like requires permits from both the Town of Fenwick Island and DNREC. Applications for such permits shall follow the procedure in Chapter 160, Zoning, § 160-6B(4) consisting of first obtaining preliminary clearance from the Town of Fenwick Island, then approval of DNREC and then final approval by the Town of Fenwick Island.

§ 81-4 Violations and penalties.

Any person not complying with the timetable of § 81-2 above shall be subject to a penalty of one hundred dollars ($100.). Each day of continued noncompliance shall be considered a separate violation subject to a separate penalty of one hundred dollars ($100.). Also, the Town reserves the right to proceed by Council resolution to have bulkheading or riprap installed on such noncomplying private property and bill the owner a fee for the cost thereof. Such fee shall constitute a lien on the property and be collectible by the means provided for the collection of delinquent taxes in the Town Charter.