Introduction

The State’s Coastal Zone Act is a law which regulates certain land uses along the Delaware Coast and the entire C&D Canal. Specifically, the Act regulates industrial, manufacturing and offshore bulk product transfer facilities. Some of these uses are prohibited, while others are allowed by acquiring a State Coastal Zone Act Permit from the Department of Natural Resources and Environmental Control (DNREC). In order to determine if a proposed project is prohibited or allowed by a CZA Permit, a Request for a Coastal Zone Act Status Decision is normally filed by the company proposing the new activity. The information in the application will lead the DNREC Secretary to make a determination as to whether or not a new facility is allowed by law, whether a permit is required or whether it is a prohibited use. The application below is from BP (as Crown Landing LLC) which is seeking the Secretary’s decision that a proposed pier in the Delaware River is exempt under provisions of the Coastal Zone Act.