Sediment and Stormwater

The DNREC Sediment and Stormwater Management Program operates within the Division of Watershed Stewardship’s Conservation Programs Section. The program employs a comprehensive approach to sediment control (both during and after construction) and stormwater management that includes monitoring of stormwater quantity and water quality control.

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Sediment and Stormwater Program
302-608-5458

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The Sediment and Stormwater Program was created by the Delaware General Assembly in 1978 (7 Del. Code, Chapter 40, Erosion and Sedimentation Control). It oversees activities governed by Delaware’s Sediment and Stormwater Regulations (7 DE Admin. Code 5101).

Program responsibilities include:

Sediment control and inspection during construction
Post-construction inspection of permanent stormwater facilities
Stormwater quantity and water quality control
Education/training relating to stormwater.

Delegated Agencies

There are delegated agencies in all three Delaware counties, and in several municipalities who perform sediment and stormwater services including plan review, construction inspection, and maintenance inspection.

Revised Regulatory Guidance Document

The Sediment and Stormwater Program has released a revised regulatory guidance document for public review. This document supports the Sediment and Stormwater Regulations (7 DE Admin. Code 5101).

The safety features portions of Sections 10, 12, and 13 of the Post-Construction BMP Standards and Specification 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 restricting necessary maintenance access.

The revised sections are posted below, both in draft form and in strikethrough form, showing where changes are proposed.

Section 10.0 — Detention-Practices (Draft) and Strikethrough
Section 12.0 — Constructed Wetlands (Draft) and Strikethrough
Section 13.0 — Wet Ponds (Draft) and Strikethrough

The proposed regulatory guidance document revisions are published in the January issue of the Delaware Register of Regulations. A public hearing will not be held unless the DNREC Secretary receives a meritorious request for a hearing by Jan.16, 2026. For more information, please contact Bonnie Arvay, at 302-608-5458 or bonnie.arvay@delaware.gov.

NPDES Construction Permits

The eNOI System — An online tool to review, submit, or manage NOIs or NPDES construction permits.

eNOI User Guide

List of Notices of Intent

Example Weekly Self Review Form

Delaware’s Regulations Governing the Control of Water Pollution provide for a general permit under the National Pollutant Discharge Elimination System (NPDES) for controlling stormwater discharges from construction sites.

For permit coverage, construction activities with land disturbing activities of 1 acre or more must submit a Notice of Intent (NOI) prior to plan approval and agree to comply with requirements outlined in the NPDES General Permit for Stormwater Discharges from Construction Activity, also known as the Delaware Construction General Permit or CGP. Permit coverage is required until conditions of terminating permit coverage are met.

General Permit and Regulations

Delaware Construction General Permit

Fact Sheet for the Delaware Construction General Permit

7 DE Admin. Code 7201 Part 2 – Special Conditions for Stormwater Discharges from Construction Activities

Regulatory Guidance Documents

Delaware Erosion and Sediment Control Handbook

The Erosion and Sediment Control Handbook provides background information on erosion and sedimentation, information on Delaware’s regulatory program and standards and specifications for erosion and sediment control. The standard details to be used on Sediment and Stormwater Plans are also available for download.

Post Construction Stormwater BMP Standards and Specifications

The Post Construction Stormwater BMP Standards and Specifications contains design guidelines, construction guidelines and maintenance recommendations for the various permanent Best Management Practices (BMPs) intended for both quality and quantity management of stormwater runoff.

Standard Guidelines for Operation and Maintenance of Stormwater BMPs

The Standard Guidelines for Operation and Maintenance of Stormwater BMPs summarizes the maintenance items and frequency from the Post Construction Stormwater BMP Standards and Specifications into a single document. Maintenance review checklists for a selection of those practices are also included.