State Parks

Del. Code tit. 7, ch. 47

in effect

Del. Code tit. 7, § 4701 Powers and duties [For applicability of this section, see 83 Del. Laws, c. 182, § 2].

(a) The Department of Natural Resources and Environmental Control may do all of the following: (1) Select and acquire by gift, devise, bequest, purchase, and through the exercise of the power of eminent domain, such lands as are desirable to be utilized chiefly for recreation, and to develop and maintain such areas. (2) Expend for such acquisition, development, and maintenance, such funds as are appropriated for such purposes, or received as earnings from the operation of such areas, or received from any other source. (3) Employ such administrative and technical assistance as is, in the opinion of the Department, necessary in order to plan, develop, and maintain the areas which it administers. (4) Make and enforce regulations relating to the protection, care, and use of the areas it administers. (5) a. Establish and collect such user charges, which shall approximate and reasonably reflect all costs necessary to defray the expenses of the Department for the use of the facilities and services it provides in areas it administers. The Department shall, in addition, establish and impose a schedule of fees for entrance to state parks and for surf fishing vehicles and snowmobiles on said lands, with the concurrence and approval of the General Assembly. The Secretary of the Department of Natural Resources and Environmental Control shall establish the period and areas on which park fees and user charges shall be imposed. The Secretary shall annually prepare a schedule of park entrance and surf fishing vehicle and snowmobile fees under this section and submit the same as part of the Department’s annual operating budget proposal. All of the fees collected under this section shall be deposited in the General Fund of this State and designated solely for park operations and maintenance; provided, however, that no fee shall be imposed on any recognized veteran’s service organization for the use of any state park or portion thereof for purposes of patriotic or memorial services, provided that advance written notification of not less than 15 days is given to the agency and does not conflict with other previously scheduled activities within the park. b. 1. Delaware residents who are 62 years of age or older and who own a motor vehicle validly registered in Delaware may pay an annual fee of not less than 1 / 2 of the annual fee established for Delaware residents under paragraph (a)(5)a. of this section for each such registered motor vehicle which shall permit such vehicle entrance to any state park or recreation area during the calendar year for which the fee was paid. Persons who are 62 years of age or older and who own a motor vehicle validly registered in another state may pay an annual fee of not less than 1 / 2 of the annual fee established for out-of-state registered vehicles under paragraph (a)(5)a. of this section for each such registered motor vehicle which shall permit the vehicle entrance to any state park or recreation area during the calendar year for which the fee was paid. Each applicant under this paragraph shall furnish proof of age, vehicle ownership, and vehicle registration at the time such application is made. Annual permits issued under this paragraph will be valid for any day excluding holidays. No annual permit issued under this paragraph will be honored on any day unless the owner of the vehicle for which such permit is issued is the operator of the vehicle at the time of entrance to the state park or recreation area to which admission is sought. All the fees collected under the authority of this section shall be deposited in the General Fund, and designated solely for park operations and maintenance. 2. A Delaware resident who is 65 years of age or older may pay a 1-time fee of $45, which will permit the resident to enter any state park or recreation area for the lifetime of the resident, so long as the resident is the operator of or a passenger in a Delaware-registered vehicle at the time of entrance to the state park or recreation area to which admission is sought. An applicant for a lifetime permit must furnish proof of age and Delaware residency at the time application for the permit is made. All fees collected under the authority of this paragraph must be deposited in the General Fund and designated solely for park operations and maintenance. c. Delaware residents who are disabled, and who hold a valid and current Gold Access Passport Card, as issued by the National Park Service of the United States Department of the Interior, shall be exempted from the annual or daily entrance fees required by this section. d. Any resident who has served honorably for 90 or more consecutive days on active duty in the armed forces of the United States, including service as member of the Delaware National Guard, in military actions in Southwest Asia associated with Operation Iraqi Freedom or Operation Enduring Freedom may, for the first 12 months following the date the resident was honorably discharged or removed from active status, receive a pass granting the resident free admission to any state park in this State without charge. e. Any resident, who does not qualify for free admission under paragraph (a)(5)d. of this section, who has honorably served or is honorably serving in the armed forces of the United States, including service as a member of the Delaware National Guard, and who owns a motor vehicle validly registered in Delaware may pay an annual fee of 1 / 2 of the annual fee established for Delaware residents under paragraph (a)(5)a. of this section for each such registered motor vehicle which shall permit such vehicle entrance to any state park or recreation area during the calendar year for which the fee was paid. Each applicant under this paragraph shall furnish proof of service in the armed forces of the United States, vehicle ownership, and vehicle registration at the time such application is made. All the fees collected under the authority of this paragraph shall be designated solely for park operations and maintenance. f. A resident who is an active Delaware volunteer firefighter, an active Delaware volunteer emergency medical technician (EMT), or a life-member of a Delaware volunteer fire department is entitled to receive annually, without charge, either a surf fishing vehicle permit or an annual permit to enter state parks and recreation areas. A firefighter, EMT, or life-member who volunteers in Delaware but lives out of state is entitled to receive annually, at the Delaware resident rate, either a surf fishing vehicle permit or an annual permit to enter state parks and recreation areas. 1. “Active Delaware volunteer firefighter” means a person who is a member of a Delaware volunteer fire department and who responds to at least 20% of the department’s annual alarms or crew calls as a nonpaid firefighter. 2. “Active volunteer emergency medical technician” or “EMT” means a person who is a member of a Delaware volunteer fire department or a Delaware volunteer ambulance company and who responds to at least 20% of the department’s or company’s annual emergency medical service calls as a nonpaid EMT, EMT-C, or EMT-P, as described in § 9701(11), (12), and (13) respectively of Title 16. 3. “Life-member of a Delaware volunteer fire department” means a person who is a member of a Delaware volunteer fire department and who has been awarded life membership status by that department. 4. To qualify without charge for a surf fishing vehicle permit or annual permit to enter state parks and recreation areas under this paragraph, the firefighter, EMT, or life-member must submit annually to the Department an original letter on official fire department or ambulance company letterhead, signed by the fire department’s or ambulance company’s president and authenticated by the president of the Delaware Volunteer Firefighter’s Association. The letter must explain how the person qualifies for a surf fishing vehicle permit or annual permit to enter state parks and recreation areas under this paragraph. 5. One surf fishing vehicle permit or annual permit to enter state parks and recreation areas may be issued annually to a vehicle registered to the qualifying active Delaware Volunteer Firefighter, active emergency medical technician (EMT), or life member in accordance with procedures established by the Department. g. 1. The Department is authorized to administer a program for the issuance of numbered surf fishing and state park specialty vehicle plates. A state park specialty vehicle plate shall serve as an annual permit. The Department will establish fees, rules, and regulations for the purchase, replacement, transfer, renewal, nonrenewal, and forfeiture of such plates managed through this voluntary program. The Department may charge a fee for surf fishing and state park specialty vehicle plates not to exceed $500 per plate or may auction surf fishing and state park specialty plates under paragraph (a)(5)g.2. of this section in which case the amount charged shall be based upon interest and demand for such plates as determined by auction. 2. The Secretary is hereby authorized to establish, implement, and manage an auction program to sell surf fishing and state park specialty vehicle plates as provided for in paragraph (a)(5)g.1. of this section. Any auction of such vehicle plates shall be conducted in accordance with accepted auction practices and shall require valid vehicle registration as proof of eligibility, limit individuals to acquiring 1 vehicle plate per licensed vehicle, and ensure that the highest bid from an eligible individual is the successful bid. Vehicle plates numbered 1 through 200 shall be limited to vehicles registered in Delaware. (6) Make on its own motion or in cooperation with other agencies of the State, studies of the recreational facilities now available in the State, and of the recreational needs of the State, and determine what areas not now available for public recreation should be acquired. (7) Enter into agreements with proper persons or corporations for periods not to exceed 25 years for operation of services on the areas it administers. (8) Employ and fix the salaries of such personnel as it deems proper for the enforcement of its rules and regulations. Enforcement personnel may arrest with a warrant for any violation of the Department of Natural Resources and Environmental Control rules and regulations, or without a warrant for any such violation committed in their presence. Enforcement personnel, with respect to the enforcement of the Department of Natural Resources and Environmental Control rules and regulations, shall have all the powers of investigation, detention, and arrest conferred by law on peace officers or constables. (9) Grant, with the written approval of the Cabinet Committee on State Planning Issues, easements, for either private or public purpose over or under any public lands which it administers, for the purpose of transmission lines, such as: Telephone and telegraph lines, electric power lines, gas pipelines, and water and sewage pipelines and appurtenances. The term of any such easement together with the amount of any fee charged therefor shall be determined by the Department of Natural Resources and Environmental Control acting with approval of the Cabinet Committee on State Planning Issues, and any funds received for the grant of such easements shall be deposited by the Department of Natural Resources and Environmental Control with the State Treasurer. (10) Select and obtain, by lease or agreement with the owners thereof and upon such terms and conditions as the Department of Natural Resources and Environmental Control, with the approval of the Cabinet Committee on State Planning Issues, shall determine, such lands as the Department of Natural Resources and Environmental Control deems appropriate and desirable for park and recreation use and purposes, and to improve, develop, operate, and maintain such lands for such purposes. The Department of Natural Resources and Environmental Control may only exercise the powers granted in this paragraph by lease or agreement entered into with the federal government or with a municipality, agency, or political subdivision of this State. (11) Enter into an agreement with the Barcroft Company of Lewes, Delaware, for a period not to exceed 25 years, for the use of land presently leased to Barcroft, as well as an adjoining triangular-shaped property containing approximately .76 of an acre; provided, however, that the funds received from such agreement shall be appropriated to the Department of Natural Resources and Environmental Control to be used to rebuild and maintain, for the use of the public, a fishing pier located in the breakwater at Cape Henlopen State Park. (12) Employ and fix the salaries of such personnel to be known as “seasonal patrol officers” who shall assist the Department of Natural Resources and Environmental Control’s park rangers and other peace officers employed under § 8003(13) of Title 29 to enforce the Division of Parks and Recreation’s rules and regulations. The Director of the Division of Parks and Recreation, or the Director’s designee, shall establish qualifications and provide training as deemed necessary and desirable for seasonal patrol officers. a. Except as otherwise provided in paragraph (a)(12)c. of this section, seasonal patrol officers have the power to do all of the following: 1. Issue civil summonses for civil violations. 2. Issue summonses for class D environmental violations, except for violations concerning persons actively engaged in surf fishing. 3. Issue written and verbal warnings. 4. Report any observed or suspected illegal activity to a park ranger or other peace officer. b. Summonses and warnings issued by a seasonal patrol officer under paragraph (a)(12)a. of this section have the same force and effect as summonses and warnings issued by a park ranger or other peace officer under § 8003A of Title 29. c. The Director of the Division of Parks and Recreation or authorized designee shall establish a policy pertaining to seasonal patrol officers that specifies the class D environmental violations and the civil violations for which seasonal patrol officers may issue summonses pursuant to paragraphs (a)(12)a.1. and (a)(12)a.2. (b) The Department of Natural Resources and Environmental Control may establish state parks on any or all portions of state lands in Sussex County bordering on the Atlantic Ocean which have been or may hereafter be acquired and may administer them directly. (c) The Department of Natural Resources and Environmental Control shall plan, develop and maintain all areas entrusted to its administration as to preserve in every reasonable degree the scenic, historic, scientific, prehistoric and wildlife values of such areas. (d) All state parks and other areas acquired primarily for recreational use shall, from the date of their establishment as such, come under the jurisdiction of the Department of Natural Resources and Environmental Control and shall be closed to hunting, except in areas designated by the Department of Natural Resources and Environmental Control for such purpose. (e) The Department of Natural Resources and Environmental Control shall establish an advance reservation system to allow disabled persons to reserve accessible campsites for the disabled at state parks.

Del. Code tit. 7, § 4702 Violations of rules and regulations; penalties.

(a) Any person convicted of violating any rule or regulation promulgated by the Department of Natural Resources and Environmental Control pursuant to this chapter shall be: (1) Fined not less than $50 nor more than $100, plus the costs of prosecution and court costs, for any rule or regulation designated by the Department of Natural Resources and Environmental Control as a class D environmental violation. Any person convicted of a class D environmental violation within 5 years of a prior conviction for a class D environmental violation shall be fined not less than $100 nor more than $500, plus the costs of prosecution and court costs. (2) Fined not less than $50 nor more than $250, plus the costs of prosecution and court costs, or imprisoned not more than 10 days, or both, for any rule or regulation designated by the Department of Natural Resources and Environmental Control as an unclassified misdemeanor. (3) Fined under subsection (k) of this section for parking violations contained in subsection (k) of this section. (b) If an offense designated as a class D environmental violation or an unclassified misdemeanor under subsection (a) of this section involves the failure to acquire a surf fishing vehicle permit or failure to pay an entrance fee required under this chapter, the violator shall be assessed the cost of the permit, or fee, in addition to the fines and costs imposed under subsection (a) of this section. (c) In addition to any fines, costs, or imprisonment imposed under subsection (a) of this section, any person who is convicted of any offense involving damaging, destroying, or removing state park property shall be required to make restitution to the Department of Natural Resources and Environmental Control for replacement or restoration of such property. Furthermore, in lieu of, or in addition to any fines, costs, or imprisonment imposed under subsection (a) of this section or any restitution imposed under this subsection, the Court may order violators convicted of any offense involving damaging, destroying, or removing state park property to perform work projects in state parks. (d) Any fine imposed for any violation pursuant to this chapter shall not be suspended to any amount less than the minimum prescribed fine. (e) Any conviction of a class D environmental violation, for a first offense, shall not be reported on criminal history records provided by the State Bureau of Identification for employment purposes under § 8513(c) of Title 11. This provision shall not apply to a subsequent conviction of a class D environmental violation within 5 years, and any such subsequent conviction shall be reported on a criminal history record provided by the State Bureau of Identification for employment purposes under § 8513(c) of Title 11. (f) This section shall not be construed as authorizing the Department of Natural Resources and Environmental Control to change any penalty for violating any rule or regulation of the Department of Natural Resources and Environmental Control. (g) All rules and regulations of the Department of Natural Resources and Environmental Control promulgated pursuant to this chapter shall have the effect of law and shall be published in at least 2 newspapers of general circulation in the territory to be affected, at least 30 days prior to the time the rule or regulation becomes effective, except in case of an emergency when the Department of Natural Resources and Environmental Control shall give such advance notice as it deems necessary or desirable. (h) The Justice of the Peace Court shall have jurisdiction over violations of the rules and regulations of the Department of Natural Resources and Environmental Control promulgated pursuant to this chapter with the condition that any person arrested for such violation shall either be taken before the closest available justice of the peace in the county where such violation is alleged to have occurred or be provided a voluntary assessment form in accordance with § 1311 of this title. (i) Notwithstanding subsection (h) of this section, an arresting officer may issue a summons to any person arrested for any violation delineated in this chapter to have said person appear at a subsequent date at the Justice of the Peace Court which is the nearest available Justice of the Peace Court to the place of the arrest, during the regularly scheduled hours of said Court. For the purpose of this section, the summons for later appearance shall be sufficient to grant jurisdiction over the offense to the said nearest available justice of the peace. (j) For the purpose of this section, a justice of the peace is available when he or she is present at court. (k) Notwithstanding subsection (h) of this section, a summons in the appropriate form to be adopted by the Department of Natural Resources and Environmental Control may be attached to an unattended vehicle found in violation of any rule or regulation for parking in state parks by an authorized officer. (1) The Department of Natural Resources and Environmental Control may adopt a schedule of civil penalties, between a minimum of $10 and a maximum of $25, for all violations delineated by its rules and regulations for parking in state parks. No court costs or other administrative fee shall be assessed if a civil penalty is paid by voluntary assessment. (2) Any violation of this subsection shall be subject to a civil penalty only. Such violations shall not be classified as a criminal offense and shall not qualify as a prior conviction for purposes of § 4218(c)(1)f. of Title 11, whether or not such violation occurred prior to July 10, 2006. (3) The process for disposition of a summons attached to an unattended vehicle shall be as follows: a. Payment by voluntary assessment. — An owner or operator shall pay the amount on the summons to the voluntary assessment center listed on the summons, which center may be either a voluntary assessment center established by the Department of Natural Resources and Environmental Control or the Justice of the Peace Court Voluntary Assessment Center. In lieu of payment, an owner or operator may notify the applicable voluntary assessment center, within the time period specified on the summons, that the owner or operator requests a hearing in the Justice of the Peace Court. No court costs or other administrative fee shall be assessed if a civil penalty is paid by voluntary assessment. The penalty assessment pursuant to the Delaware Victim Compensation law, Chapter 90 of Title 11, shall not be assessed on civil penalties pursuant to this subsection. Moneys received either through voluntary assessment or after a hearing shall be disbursed in accordance with § 1307 of this title. b. Presumptions. — 1. If any vehicle found to be in violation of this subsection is unattended at the time the violation is discovered and the identity of the operator is not otherwise apparent, the person in whose name such vehicle is registered as the owner shall be held responsible for such violation, unless the owner can furnish evidence that the vehicle was, at the time of the violation, in the care, custody, or control of another person. Such presumption shall be rebutted if the owner does 1 of the following: A. Furnishes to the voluntary assessment center, prior to the due date, 1 of the following: I. An affidavit stating that the owner was not the operator of the vehicle at the time of the alleged violation and provides the name and address of the person or company who leased, rented, or otherwise had the care, custody, or control of the vehicle. II. A certified copy of a police report showing that the vehicle or license plate or plates thereof had been reported to the police as stolen prior to the time of the alleged violation. B. Provides proof in court that the owner was not the operator of the vehicle at the time of the alleged violation. 2. A summons may be issued by the prosecuting agency to a person identified by affidavit or evidence in Court as the actual operator of the vehicle shown to have violated this subsection. There shall be a presumption that the person so identified was the driver. The presumption may be rebutted as described in this subsection. c. Procedure for contesting. — 1. A request for a hearing must be made no later than the due date indicated on the summons, which date shall not be sooner than 20 days from the date the summons was issued. 2. The voluntary assessment center shall notify the Justice of the Peace Court when a hearing is requested. Such notification shall be in accordance with policies and procedures developed by the Justice of the Peace Court. d. Failure to pay or contest the violation. — 1. The Justice of the Peace Court may, upon motion, enter a default judgment against an owner or operator who does 1 of the following: A. Fails to respond to the summons on or before the due date in any of the manners permitted by this section. B. Requests a hearing and fails to appear. 2. When the default judgment is sought under paragraph (k)(3)d.1.A. of this section, no default judgment shall be entered until notice by first class mail is sent by the Justice of the Peace Court to such owner or operator providing the owner or operator with 10 days to pay the civil penalty to the Justice of the Peace Court or request a hearing to contest the charge. The applicable city county, or State agency may seek execution on any judgment entered by the Justice of the Peace Court. e. Referral to the Division of Motor Vehicles. — In addition, the voluntary assessment center or Justice of the Peace Court may forward to the Division of Motor Vehicles the name and address of any owner or operator who fails to respond to the summons in a timely manner, who requests a hearing and fails to appear, or who is found responsible and fails to pay in accordance with the order of the Court. The Division of Motor Vehicles may refuse to register or deny the renewal of the registration of any of the vehicles of such owner or operator. (4) After payment of a civil penalty pursuant to this subsection is received by the Department of Natural Resources and Environmental Control or a Justice of the Peace Court, the Department or the Court shall mail a receipt indicating the payment of such civil penalty if the person paying such civil penalty makes a written request for a receipt and encloses a self-addressed envelope with proper postage affixed thereon. (5) Any violation of this subsection shall be subject to a civil penalty only. Such violation shall not be classified as a criminal offense and shall not qualify as a prior conviction for purposes of § 4218(c)(1)f. of Title 11, whether or not such violation occurred prior to July 10, 2006.

Del. Code tit. 7, § 4703 Fort Delaware State Park.

(a) Pea Patch Island is declared to be a state park under the name of Fort Delaware State Park. (b) The Department of Natural Resources and Environmental Control shall repair Fort Delaware and shall thereafter maintain the same in a condition fit for visitation by the general public, and shall arrange and provide transportation facilities for such purpose. (c) The Department of Natural Resources and Environmental Control shall establish and collect reasonable fees and charges for transportation to the said park and visitation therein; all such fees and charges received by the said Department of Natural Resources and Environmental Control and any other funds received by it, except state appropriations, for the support of Fort Delaware State Park shall be paid to the State Treasurer, who shall retain the same in a special fund, to be expended upon proper vouchers of the Department of Natural Resources and Environmental Control only for the purpose of carrying out this section. (d) The officers of the Fort Delaware Society are named as an advisory board to the Department of Natural Resources and Environmental Control to make such recommendations for the care and maintenance of Fort Delaware State Park as they see fit.

Del. Code tit. 7, § 4704 Trap Pond Project.

The Department of Natural Resources and Environmental Control shall supervise and maintain the area known as the Trap Pond Project, located in Sussex County, consisting of approximately 1,000 acres, as a state park.

Del. Code tit. 7, § 4705 Licensing agents; service charge; regulations.

(a) The Department may authorize as many qualified persons as licensing agents as it deems necessary to effectuate the efficient distribution of state park permits. (b) Licensing agents may add a service charge to the required fee for a state park permit, provided the service charge does not exceed $2.50 for an annual permit or daily permit book or $5.00 for a surf fishing vehicle permit. Such service charges, if imposed, shall be posted by the licensing agent and shall be clearly visible to prospective purchasers. (c) The Secretary may adopt, amend, modify or repeal rules and regulations to effectuate the policy and purpose of this section.

Del. Code tit. 7, § 4706 Zoning and use.

Notwithstanding any provision of this chapter to the contrary, no state park, or any part thereof, or other area acquired primarily for recreational use, shall be rezoned, neither shall there be a change in the use of any such lands requiring a variance or subdivision approval, except upon 45 days prior notice to all elected members of the General Assembly in whose district such lands, or any part thereof, lie.

Del. Code tit. 7, § 4730 Short title.

This subchapter shall be known, and may be cited, as “The Fort DuPont Redevelopment and Preservation Act.”

Del. Code tit. 7, § 4731 Declaration of purpose.

The General Assembly declares the following to be the policy and purpose of this subchapter: (1) The Fort DuPont Complex, located along the Delaware River adjacent to Delaware City, is currently underutilized but has enormous potential as a sustainable, mixed-use community; (2) To preserve and protect the historical and recreational amenities within the Fort DuPont Complex and to expand economic opportunities therein, additional capital will be required to improve infrastructure, renovate certain historic structures, and make additional improvements to said Complex; (3) Redevelopment and renovation of the Fort DuPont Complex is both desirable and necessary, provided that: a. The Fort DuPont Complex will remain a public destination, with its historic, natural, and recreational resources maintained for public enjoyment; b. Fort DuPont’s National Register status (where applicable) will be maintained, and historic building and landscape resources will be rehabilitated and reused to the extent possible; c. Redevelopment and infill will be concentrated within several defined areas, and will be complementary to existing historic buildings and landscapes; d. Fort DuPont and Delaware City will grow together as “one city” with strong physical and visual connections and complementary land uses; e. Diverse land and building uses will be supported at Fort DuPont to achieve a shared vision for a “live-work-learn-play-and-visit” community; and f. Community engagement will continue to be a key component for ongoing planning for Fort DuPont’s future. (4) In light of the foregoing, it is in the best interest of the State to enable the creation of an entity to manage, oversee, and implement the redevelopment and preservation of the Fort DuPont Complex in accordance with the Redevelopment Plan and the provisions of this subchapter.

Del. Code tit. 7, § 4732 Definitions.

When used in this subchapter: (1) “Board” means the Board of Directors of the Fort DuPont Redevelopment and Preservation Corporation. (2) “Corporation” means the Fort DuPont Redevelopment and Preservation Corporation to be established pursuant to § 4733 of this title. (3) “Department” means the Department of Natural Resources and Environmental Control. (4) “Fort DuPont Complex” or “Fort DuPont” means such real property, as well as such facilities, personal property, buildings, and fixtures located thereon, owned by the State along the Delaware River bounded by the Chesapeake and Delaware Canal on the south, and a branch canal, currently separating it from Delaware City, on the north, which includes the Fort DuPont State Park, the Governor Bacon Health Center, and surrounding lands, formerly tax parcel numbers, 1202300021, 1203000001, and 1203000002. (5) “Redevelopment plan” means the draft master plan for the redevelopment of the Fort DuPont complex dated October 2013, as may be amended from time to time by the Board, which is intended to guide the redevelopment of the Fort DuPont Complex.

Del. Code tit. 7, § 4733 Fort DuPont Redevelopment and Preservation Corporation.

(a) There shall be established within the Department a body corporate and politic, with corporate succession, constituting a public instrumentality of the State, and created for the purpose of exercising essential governmental functions, which is to be known as the Fort DuPont Redevelopment and Preservation Corporation. The Corporation shall be a membership corporation with the Department as the sole member and shall have a certificate of incorporation and bylaws consistent with this subchapter. The Board of Directors is hereby authorized to file a certificate of incorporation with the Secretary of State pursuant to Chapter 1 of Title 8. The certificate of incorporation of the Corporation shall provide for approval of the Delaware General Assembly in order to amend the certificate of incorporation or to effect a merger or dissolution of the Corporation. (b) The powers and management of the Corporation shall be vested in a board of directors consisting of 13 voting members. Each director shall have general expertise relevant to the implementation of the Redevelopment Plan, which may include expertise in the fields of land use, historic preservation, economic development (including without limitation real estate, redevelopment, and real estate financing), environmental protection, parks and recreation, and tourism. The Board is composed of the following directors: (1) One director appointed by the Governor to serve as Chair. (2) The Secretary of the Department of Natural Resources and Environmental Control. (3) The Controller General. (4) The Director of the Prosperity Partnership. (5) The Secretary of State. (6) The Director of the Office of Management and Budget. (7) The Director of the Office of State Planning Coordination. (8) The Co-chairs of the Capital Improvement Committee. (9) The City Manager of the City of Delaware City, in an ex officio capacity. (10) One director appointed by the Speaker of the House, who is a resident of Fort DuPont. (11) One director appointed by the President Pro Tempore of the Senate, who is a resident of Delaware City. (12) One director who is a resident of Fort DuPont appointed by the Governor. (13) One director who is a resident of Delaware City appointed by the Governor. Directors serving by virtue of their position may appoint a designee to serve in their stead. All appointed Directors shall serve at the pleasure of the appointing authority. (c) Any vacancy created by the resignation or early departure of a director shall be filled by the appointing authority within 60 days. (d) A majority of the total number of directors shall constitute a quorum of the Board, and all action by the Board shall require the affirmative vote of a majority of the directors present and voting. (e) The Board shall adopt bylaws that provide for operating procedures such as election of officers, conflicts of interest, appointment of committees, conduct of meetings, and other matters that will promote the efficient operation of the Board in the performance of its duties under this subchapter. The bylaws shall include the following provisions: (1) A requirement that any credit card purchase over $500 must be approved by 2 members of the executive committee. (2) A requirement that checks in an amount over $10,000 require the signatures of the Treasurer and either the Chair or the Vice Chair of the Board. (3) A requirement that a policy be adopted for the hiring and contracting process of the Corporation that is designed to be impartial and merit-based. (4) A requirement that all contracts for purchase, sale, or lease of land be signed by the Executive Director and the Chair of the Board. (f) Pursuant to subsection (a) of this section, the Board of Directors is provided express authority to file an amended and restated certificate of incorporation for the Fort DuPont Redevelopment and Preservation Corporation consistent with 83 Del. Laws, c. 302. (g) The Board shall select from among its membership a Vice-Chair, who shall discharge the powers and duties of the Chair when the Chair is unavailable, incapacitated, or the position of Chair is vacant. (h) The Board shall select a Treasurer who shall serve as Treasurer of the Board.

Del. Code tit. 7, § 4734 Subcommittees.

(a) The Board may create subcommittees as needed to assist the Corporation in fulfilling its purposes and obligations. Each subcommittee shall have a Director of the Board serve as Chair and may include persons that are not directors of the Board. (1)-(6) [Repealed.] (b)-(d) [Repealed.]

Del. Code tit. 7, § 4735 Powers of the Corporation.

The Corporation shall have on July 23, 2014, and upon its creation as provided for herein the powers listed in this section. The Corporation shall be empowered, without limitation and notwithstanding any other laws to: (1) Adopt bylaws, rules, regulations, and procedures; (2) Act generally in a planning and development capacity, and in connection therewith, to hold, own, preserve, develop, improve, construct, rent, lease, sell, or otherwise acquire or dispose of any real property, including without limitation any real property comprising the Fort DuPont Complex or any portion thereof transferred to the Corporation. The power in this paragraph (2) does not exempt development and construction on the Fort DuPont Complex from otherwise applicable environmental law and regulatory requirements. All activity on the Fort DuPont Complex must comply with otherwise applicable permitting processes of the Department. (3) Employ an executive director, a deputy executive director, and such other deputies and assistants as may be necessary or desirable, and to retain by contract such legal counsel, engineers, advisors, and other providers of professional services. (4) Borrow moneys or accept contributions, grants, or other financial assistance from the federal government, the State, any locality or political subdivision, any agency or instrumentality thereof, or any source, public or private, for or in aid of any project of the Corporation, and to these ends, to comply with such conditions and enter into such mortgages, trust indentures, leases, or other contracts and agreements as may be necessary or desirable. (5) Have and exercise any and all powers available to a corporation organized pursuant to Chapter 1 of Title 8, the Delaware General Corporation Law that are not inconsistent with this subchapter. (6) Take such other lawful actions that are consistent with the purposes of this subchapter as may be necessary or desirable to oversee, manage, and implement the redevelopment and preservation of the Fort DuPont Complex in accordance with the redevelopment plan and the provisions of this subchapter. (7) Recover costs for the use of, or the benefit derived from, the services or facilities provided, owned, operated, or financed by the Corporation benefiting property within the Fort DuPont Complex.

Del. Code tit. 7, § 4736 Powers and duties of executive director; deputy executive director.

(a) An executive director shall be selected by a majority vote of the Board. The Board shall require executive director candidates to undergo a credit and criminal history background check. The executive director shall exercise such powers and duties relating to the Corporation as may be delegated to the executive director by the Board. Compensation of the executive director shall be established by the Board, and the executive director shall serve at the pleasure of the Board. (b) The executive director shall hire a deputy executive director, and may hire such additional deputies and assistants as are authorized by the Board. All hires must be approved by majority vote of the Board prior to assuming a position with the Corporation. (c) The executive director or any employee of the Corporation may not receive any gift valued in excess of $200 from the Corporation, the Board, or any member of the Board. (d) The executive director or any employee of the Corporation may rent, lease, or purchase property on the Fort Dupont Complex but only for fair market value and through the Complex’s standard rental or purchase process. Housing on the Fort DuPont Complex may not be included in an employee’s compensation package. (e) The executive director shall provide an annual written report of the Corporation’s activities to the Chair of the Board. (f) The executive director shall provide an annual presentation to the City Council of Delaware City, setting forth any pending or approved changes to the Redevelopment Plan and a summary of development progress. The presentation shall be made in a public forum and time shall be reserved for public comment.

Del. Code tit. 7, § 4737 Initial duties of Corporation.

On or before June 30, 2015, the Corporation shall, at a minimum: (1) Select and hire a qualified executive director; (2) Perform or have performed such tests, studies, examinations, and evaluations upon the lands of the Fort DuPont Complex as may be desirable or necessary to permit such property to be transferred to the Corporation and to evaluate economic development opportunities and the historical and other resources to be preserved; and (3) To develop such feasibility, sales, and marketing plans as may be required to preserve and redevelop the Fort DuPont Complex in accordance with this subchapter.

Del. Code tit. 7, § 4738 Continuing duties of Corporation.

(a) The Corporation shall prepare and submit an annual report of its activities during the previous year to the Governor and the Chair and Co-Chair of the Capital Improvement Committee of the General Assembly by January 1 of each year. Such annual report shall include all of the following: (1) A complete list and explanation of all land it has acquired within the previous 12 months. (2) A complete list and explanation of all development projects that may impact wetlands. (3) An enumeration of all projects and services provided by homeowners association fees, and explanation of any duplication with services provided by Delaware City. (b) The Corporation shall prepare and submit an annual audit which shall be provided to the Governor and the Chair and Co-Chair of the Capital Improvement Committee of the General Assembly by January 1 of each year.

Del. Code tit. 7, § 4739 Open meetings and public records.

The Fort Dupont Redevelopment and Preservation Corporation and its Board are “public bodies” for purposes of Chapter 100 of Title 29.

Del. Code tit. 7, § 4740 Liberal construction of subchapter.

This subchapter, being necessary for the prosperity and welfare of the State and its citizens, shall be liberally construed to effect the purposes hereof.

Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title7/c047/sc01/index.htmlFetched: 10/4/2026