Delaware Code
Subchapter II. Effectuation; Commissioners
§ 1725. Notice and public hearing.

(a) Whenever the Delaware River and Bay Authority proposes to undertake a major project (as defined in Article II of the Delaware-New Jersey Compact set out in § 1701 of this title) to be located in the State or in the Delaware River or Bay, the Authority shall provide public notice of the proposed major project as follows:

(1) The notice shall describe the nature of the project including a brief synopsis of the project, a statement of whether the project requires the condemnation of public lands and a reference to the legal basis for the Authority's proposed activities;
(2) The notice shall state the manner in which members of the public may present their views in writing, including the address to which such writing should be addressed and the final date by which such writings may be submitted;
(3) The notice shall state the date, time and place where the public hearing, if requested in accordance with subsection (b) of this section, shall be held;
(4) The notice shall be provided at least 30 days prior to the scheduled date of any public hearing requested in accordance with subsection (b) of this section; and
(5) The notice shall be publicized in a newspaper of general circulation in each of the counties.
(b) If requested by the Governor or any member of the General Assembly, or if a meritorious request for a hearing is submitted by any person, within 14 days of the date of publication of the notice, the Authority shall hold a public hearing on any major project, in order to receive information, factual evidence and public reaction subject to the following provisions:

(1) The hearing, if requested, shall be held at least 15 days prior to the date of any vote by the Commissioners relating to the major project.
(2) At the public hearing all interested persons shall be given a fair and reasonable opportunity to be heard, subject to the power of a majority of the Commissioners present to exercise such control over the conduct of the hearing, including, without limitation, the setting of equitable time limitations, as may be in the public interest.
(3) A public hearing request shall be deemed meritorious if it exhibits a familiarity with the proposed major project and a reasoned statement of the major project's probable impact.

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