The Department of Natural Resources and Environmental Control (DNREC) Division of Watershed Stewardship Sediment and Stormwater Program has released a revised regulatory guidance document for public review. This document supports Regulation No. 5101 Sediment and Stormwater Regulations (DSSR), as set forth at 7 Del.C. §4006(h) and (i).

A brief description of the revised regulatory guidance document follows:

• The safety features portions of Sections 10.0 Detention Practices, 12.0 Constructed Wetlands, and 13.0 Wet Ponds of the Post-Construction Stormwater BMP Standards and Specifications have been revised to state, in non-bold language, that stormwater management systems with a permanent pool, and that are reasonably accessible to the public, should include barriers to restrict public access while not impeding the facility’s function or restrict necessary maintenance access.

The DNREC Sediment and Stormwater Program hereby provides notice of these regulatory guidance documents, pursuant to 7 Del.C. §4006(i), which incorporates the provisions of 7 Del.C. §6004. A public hearing will NOT be held unless the Secretary receives a meritorious request for a hearing within 15 days of date of this notice, ending January 16, 2026. A request for a public hearing shall be in writing and show familiarity with the regulatory guidance document and provide a reasoned statement of the regulatory guidance document’s probable impact.

This document is noticed in the January 2026 Register of Regulations and available for review at dnrec.delaware.gov/watershed-stewardship/sediment-stormwater.

Questions regarding the revised regulatory guidance documents may be directed to Bonnie Arvay, bonnie.arvay@delaware.gov.

Related Topics:  guidance documents, permitting and regulation, public notice, public review, sediment and stormwater, watershed stewardship