The DNREC Division of Watershed Stewardship, through the Shoreline and Waterway Management Section, has initiated a regulatory review of Delaware’s Regulation Governing Beach Protection and the Use of Beaches (7 DE Admin. Code 5102). DNREC is evaluating proposed updates that will strengthen the Coastal Construction Program, clarify regulatory language, and improve protection of Delaware’s beach and dune systems.

A primary focus of this effort is redefining and remapping the Coastal Construction Building Line, so it reflects current shoreline conditions and future coastal change. These updates align with the environmental protection and resilience priorities of Governor Matt Meyer and strategies identified in Delaware’s Climate Action Plan.

For more information, please contact Jennifer Pongratz, at jennifer.pongratz@delaware.gov or 302-608-5502.

Goals of the Update

The goals of the regulatory update process are to:

• Update coastal construction regulations to reflect current and future shoreline conditions
• Strengthen protection of beaches and dunes
• Improve clarity, consistency, efficiency, and predictability in regulatory implementation
• Support climate resilience and long-term coastal stewardship

These updates will help ensure Delaware’s coastal regulatory framework remains effective, transparent and responsive to changing coastal conditions.

Project Timeline

The regulatory update process began with DNREC Start Action Notice SAN-2025-14, approved by DNREC Secretary Greg Patterson on Jan. 11, 2026.

A Regulatory Advisory Committee was convened and met fo the first time on Feb. 17, 2026.  Regulatory Advisory Committee meetings are planned for the third Tuesday of every other month.

An in-person and virtual public information session will occur in early May, 2026.

During the summer of 2026, DNREC staff will begin drafting revised regulations and building line maps.

A second public information session should occur in early fall of 2026.

Based on feedback from the public and Regulatory Advisory Committee, the revisions will be finalized and submitted to the State Registrar for publication in the Register of Regulations in late fall 2026.

A public hearing will be held, likely by the end of 2026. Public comments will be accepted for about a month after the public hearing. 

DNREC staff will submit a Technical Response Memo, addressing the public comments, to the Hearing Officer about a month after the hearing record closes.

The Hearing Officer will submit a report to the DNREC Secretary, who will make the final decision and issue an order announcing that decision.

If the secretary approves and promulgates the updated regulations, they will become effective based on submission of final regulations to the State Registrar.

Regulatory Advisory Committee

DNREC has brought together a Regulatory Advisory Committee to help develop the revised regulations. Committee members represent the regulated community, the general public and other governmental entities.

The Committee held a kickoff meeting on February 17, 2026, to establish a common baseline among all members regarding the existing regulations, the Coastal Construction Building Line and key regulatory pinch-points identified through program implementation. The meeting also introduced and explained the need for the updates and outlined the scope, expectations and timeline for the Regulatory Advisory process.