DIVISION 3. - PROCESS FOR STREAMLINING STATE REGULATORY AND REVIEW PROCESSES


Sec. 2-351. - Review of present processes.

The Department of Natural Resources and Environmental Control and the Department of Community Affairs and Economic Development, created pursuant to Chapter 86 of this title, shall, with the assistance and cooperation of each other and all other state agencies, review the present state regulatory and review processes required prior to development in the State for the purpose of streamlining such processes to avoid duplication and delay and clarify and simplify such processes.

(61 Del. Laws, c. 521, § 2; 63 Del. Laws, c. 191, § 6; 29 Del. C. Ch. 92)

Sec. 2-352. - Preparation of report; distribution.

(a)

The Department of Natural Resources and Environmental Control and the Department of Community Affairs and Economic Development shall jointly prepare a report detailing the findings of the review conducted pursuant to section 2-351 of this title and outlining recommendations for achieving the purposes of this subchapter. The report shall include specific recommendations consistent with the objectives of this subchapter to the General Assembly for amending the regulatory review process employed by state agencies under present law. In addition, the report shall include specific recommendations, consistent with objectives of this subchapter, to the state agencies for amending their current practices and procedures within the existing state statutory and regulatory framework.

(b)

The report prepared pursuant to this section shall be completed and distributed to the General Assembly and all state agencies forthwith.

(61 Del. Laws, c. 521, § 2; 63 Del. Laws, c. 191, § 6; 29 Del. C. Ch. 92)

Sec. 2-353. - Immediate modification of current processes.

Where not otherwise prohibited and to the extent practicable, all state agencies are hereby encouraged to immediately, or as soon as possible, provide for:

(1)

Joint hearings with local jurisdictions in satisfaction of said agencies' hearing requirements;

(2)

Modification of permit application form(s) and procedures in order to expedite their processing of permit applications; and

(3)

Consolidation of individual state review, comment and approval processes in order to facilitate state action on permit applications.

(61 Del. Laws, c. 521, § 2; 29 Del. C. Ch. 92)

Sec. 2-354. - Action reported.

Within six months of the issuance of the report prepared pursuant to subsection (b) of section 2-352 of this title, all state agencies shall advise the Governor and the General Assembly of the respective actions taken by the agencies pursuant to sections 2-352 and 2-353 of this title.

(61 Del. Laws, c. 521, § 2; 29 Del. C. Ch. 92)

Sec. 2-355. - Information to be provided by state agencies.

All state agencies, including those enumerated in section 2-302(11) of this title, shall provide information, including technical information, available to such agencies, when requested to do so by any county or municipality during the review of any rezoning or subdivision application, or any other land use application. The request to the state agency shall be made and the information shall be supplied to the county or municipality within a time period agreed upon between the parties, but the county shall not request such information less than 30 days prior to, nor shall the State respond less than five days prior to, the date upon which the county or municipal planning agency must finalize recommendations or reach a decision upon said application. In the event the state agency does not respond, the county or municipal planning agency may proceed in the absence of such information.

(66 Del. Laws, c. 198, § 2; 29 Del. C. Ch. 92)