A developer named Carol wants to purchase a large tract of land adjacent to tidal wetlands in New Castle County, Delaware. She plans to build a mixed-use commercial and light retail center on the upland portions of the property, while leaving the wetland areas undisturbed. Her agent, David, researches the applicable restrictions. Which statement best describes how the Delaware Coastal Zone Act affects Carol's proposed development?
Correct Answer
A) The Coastal Zone Act restricts certain non-industrial uses near tidal waters, and Carol's mixed-use commercial project may require a coastal zone permit or be subject to use limitations even on upland portions
The Delaware Coastal Zone Act, 7 Del. C. § 7001 et seq., does not only prohibit heavy industry — it also restricts certain non-industrial uses near tidal waters and wetlands throughout the designated coastal zone, which includes portions of all three Delaware counties. Even if Carol avoids the wetland areas themselves, the upland portions of a parcel adjacent to tidal wetlands may still be subject to Coastal Zone Act review and permitting requirements administered by DNREC. David must advise Carol that the Act's reach extends beyond the wetland boundary itself.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.
License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.
Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.
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