Delaware Bulk Transmission Land Access(3-DE)
In Delaware, a bulk transmission developer may need approval from the Delaware Department of Natural Resources and Environmental Control to access state-owned lands. A developer may also need a Utility Construction Permit from the Delaware Department of Transportation for projects that disturb a state highway right-of-way.
Determine Which State and Federal Permits Apply
Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.
Permitting at a Glance
|State Land Right-of-Way:||Any person may need a lease or other approval to access state land. DE. Code. Ann. §7-4506-10.|
|State Land Right-of-Way Agency:||Delaware Department of Natural Resources and Environmental Control, State agency with jurisdiction|
|State Highway Right-of-Way:||Any public utility may need a Utility Construction Permit to construct a facility in a state highway right-of-way. Del. Admin. Code tit. 2 § 2401 (4.4.1). Any person that is not a public utility may need a Use and Occupancy Agreement before applying for and being granted a Utility Construction Permit. Del. Admin. Code tit. 2 § 2401 (4.4.3).|
|State Highway Right-of-Way Agency:||Delaware Department of Transportation|
|Eminent Domain:||Any "corporation using lines or wires for the transmitting of electrical current" may erect transmission lines and fixtures across "canals, canal lands, rivers or other waters...highways...[and the land] outside of highways." Del. Code. Ann. tit. 22 § 901(a). Whenever the corporation cannot agree with a landowner about purchase terms or damages, the corporation may proceed to condemn any "franchise, easement, canal, canal lands, rivers or other waters or highways." Del. Code. Ann. tit. 22 § 901(b).|