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,) I' ~ U,,/I/- v...:t't::J DELAHARE The state of Delaware does not have a legislatively authorized Wild and Scenic Rivers Program, but through executive direction has developed a river conservation program known as the River Heritage Progra~. , The River Heritage Program is basically a synthesis of the existing regulatory and enforcement powers of the state. An opinion from the Attorney General's office states that the Department of Natural Resources apd Environmental Control will not need any additional legislation to proceed with the program, while a directive from the Governor's office states that the rules and regulations of the program will be promulgated this year. The River Heritage Program prohibits construction of high dams in wild river areas, This authority derives from the existing powers of this state to control water flow, and from the fact that the state is a ffiajor riparian landowner on virtually all major rivers as a result of their efforts in mill pond restoration in the past. The program allows for construction of impoundments for the purposes of mill pond restoration. Mill ponds will be restored because of their cultural and historical values as well as their aesthetic and recreational values. The program provides tax incentives for property owners who' grant easements, and extension services of various state agencies give high priority to landowners who cooperate with the program. The corridors are defined as the 100 year floodplain and properties contiguous to the 100 year floodplain. This also facilitates cooperation with local landowners. Land use controls consist of prohibiting the destruction of wetlands and erosion control, and are carried out under existing authority of the Secretary of the Department of Natural Resources and Environmental Control., The authority of the Coastal Zone Program is also being applied. This prohibits heavy industry in the coastal area and on tidal rivers. TIle system provides for four classes of rivers - wild, pastoral, recreational and cultural. Thus far, 20 segments have been inventoried. Seven have been given high priority and management plans are being drawn up for two of them. CONTACT: Mrs. Susan LaPorte Dept. of t;atural Resources and Environmental Control Division of Parks and Recreation Edward Tatnall Building PO Box 1401 Dover, DE 19901 (302) 736-5284 BIBLIOGRAPHY 1. Delaware Rivers Heritage System, Review, Chapter 74,General Assembly,pp.12. 9