Natural Environment
The natural environment is an important part of Delaware. Multiple laws and regulations require that actions with a Federal nexus (i.e. funds or permits) consider the level of impact projects have on the natural environment. These laws include the National Environmental Policy Act (NEPA), the Clean Water Act (CWA), the Endangered Species Act (ESA), and the Fish and Wildlife Coordination Act (FWCA). DelDOT works to avoid and minimize impacts to wetlands and waters of the United States, state-regulated tidal wetlands, rare, threatened and endangered species, trees, and Essential Fish Habitat – among other things. DelDOT's Environmental Stewardship Section coordinates with project managers during project development to ensure a balance between natural resource and transportation needs. When balancing is not feasible due to safety, cost, constructability, or other factors, mitigation to offset impacts is necessary.
Wetlands and Waters
The CWA was established in 1972 to create a structure for regulating discharges of pollutants into waters of the U.S. (WOTUS) and regulating quality standards of surface waters. Section 404 of the CWA requires the discharge of dredged or fill material into WOTUS be regulated. The US Army Corps of Engineers (USACE) issues Section 404 permits.
The Delaware Wetlands Act (7 Del. Code, Chapter 66) and the Delaware Subaqueous Lands Act (7 Del. Code, Chapter 72) regulate state mapped tidal wetlands and subaqueous lands, respectively, within Delaware. The Department of Natural Resources and Environmental Control (DNREC) issues these permits.
DelDOT complies with the CWA, as well as all state regulations, by obtaining necessary permits for projects that impact wetlands and/or waters.
Endangered Species
The ESA was established in 1973, recognizing that our rich natural heritage is of "esthetic, ecological, educational, recreational, and scientific value to our Nation and its people." There was also concern that many of our nation's native plants and animals were in danger of becoming extinct. The purpose of the ESA is to protect and recover imperiled species and the ecosystems upon which they depend.
Section 7 of the ESA requires that actions with a federal nexus consult with the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) to determine if a project will or will not affect listed species.
A few federally listed species located in Delaware include the bog turtle, red knot, Atlantic sturgeon, shortnose sturgeon, Northern long-eared bat, and swamp pink. A full list of Delaware's federally-listed species can be found here. It should be noted that the USFWS's available list has not been updated since January 31, 2014. The Delmarva fox squirrel was removed from the ESA in 2015.
DelDOT also avoids and minimizes impacts to state-endangered species. A few state-listed species include the ironcolor shiner, Delmarva fox squirrel, and bog turtle. A full list of state-endangered species can be found here.
