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Coastal Zone Industrial Control Board

The Delaware Coastal Zone Industrial Control Board hears appeals of decisions made by the Secretary of the Department of Natural Resources and Environmental Control (DNREC) under the Delaware Coastal Zone Act (7 Del. Code, Chapter 70). The Board has the authority to affirm, reverse, or modify Coastal Zone Act decisions made by the Secretary.

The Delaware Coastal Zone Act

The Industrial Control Board was created by the Delaware General Assembly in 1971 (7 Del. Code, §7006). It has nine voting members, including five appointed by the Governor and confirmed by the senate, as well as the Director of the Delaware Economic Development office and the chairs of the planning commissions of each county. The chair serves at the pleasure of the Governor. The other appointed members serve five-year terms. The Board is designed to be geographically and politically diverse.

Filing An Appeal

Persons who are “aggrieved by a final decision of the Secretary” made under the Coastal Zone Act may appeal to the Board. A Notice of Appeal must be filed within fourteen days of the announcement of a Secretary’s decision.

The notice of appeal must be made in writing and mailed to the Industrial Control Board care of the Office of the Secretary of DNREC at the address listed here. There is a $100 deposit required to cover appeal costs.

The full appeal process is found in Section 16 of the Regulations Governing Delaware’s Coastal Zone (7 DE Admin Code 101).

Decisions of the Industrial Control Board may be appealed to Delaware Superior Court.

Administrative Assistant
Environmental Appeals Board
89 Kings Highway, Dover, DE 19901
302.739.9000

Peter Jamison, III
Deputy Attorney General
Delaware Department of Justice
302.577.8400

Meetings of the Coastal Zone Industrial Control Board are posted on the Delaware Public Meeting Calendar.

Chair:
Richard A. Legatski

Members:
John S. Burton, Sr.

Robert D. Bewick, Jr.

Pamela Meitner

Pallather M. Subramanian

Bernice Whaley
Director, Delaware Economic Development Office

Albert “Bill” Holmes
Chair, Kent County Regional Planning Commission

Richard Killingsworth
Chair, New Castle Co Planning Commission

Robert Wheatley
Chair, Sussex County Planning & Zoning Commission

Decisions

CZ 2017-01 – Delaware Audubon and League of Women Voters (March 15, 2017)

CZ-2013-01 – Sierra Club and DE Audubon (August 13, 2013)

CZ-2012-01 – Nichols, John A (July 13, 2012)

CZ 2010-01-02-03 – Sierra Club, et al (October 17, 2010)

CZ 2006-01 – Vane Line Bunkering Inc. (December 1, 2006)

CZ 2005-01 – Crown Landing LLC (February 3, 2005)

CZ 2003-04 – Delaware Terminal Company (February 12, 2004)

CZ 2003-02-03 – E.I DuPont Nemours and Company (October 24, 2003)

CZ 2003-01 – Common Cause of DE, et al (October 17, 2003)

CZ 2003-01 – Common Cause of DE, et al (January 8, 2003)

CZ 1995-01 – Delaware Audubon Society (July 28, 1995)

260SD – Texaco Refining and Marketing Company (July 9, 1992)

259 – Occidental Chemical (April 6, 1992)

Zencey, Charles, et al (October 22, 1991)

253D – Delaware Terminal Company (September 6, 1991)

217SD – Delaware Audubon Society (July 22, 1988)

221P – Kreshtool, Jacob, et al (July 22, 1988)

192 – Fischer Enterprises, Inc. (October 28, 1986)

176 – New Castle County Council, et al (April 11, 1986)

165 – JM Manufacturing Company (November 29, 1985)

127 – Dunn Development and Pilot Point Association (November 18, 1981)

123 – Watch Our Waterways, et al (January 27, 1981)

Delmarva Power and Light (July 3, 1974)

Degussa Delaware, Inc. (November 12, 1973)

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