(a) If the Division of Watershed Stewardship determines that the formation of the proposed tax lagoon is practicable, feasible and in the interest of the public health, safety and welfare, it shall file the petition in the office of the prothonotary of the county in which all or the major portion of the land involved is located.
(b) Where the Division of Watershed Stewardship determines that the formation of the proposed tax lagoon is not practicable and feasible or is not in the interest of the public health, safety and welfare, it shall so notify all of the petitioners involved, and a new petition for the formation of that tax lagoon may not be refiled for a period of 1 year from the date of said notice.
Structure Delaware Code
Chapter 43. DREDGING AND MANAGEMENT OF LAGOONS
Subchapter III. Formation of Tax Lagoon; Procedure
§ 4310. Nature of a tax lagoon.
§ 4311. Petition for formation of a tax lagoon; assistance by Division of Watershed Stewardship.
§ 4314. Deposit upon filing of petitions for tax lagoon.
§ 4315. Duties of the Division of Watershed Stewardship upon receipt of petition.
§ 4316. Investigation; hearing.
§ 4318. Determinations to be made by board of lagoon management commissioners.
§ 4319. Existing works of improvement; compensation for work done thereon.
§ 4320. Factors in determination of cost.
§ 4322. Proposed report of board of lagoon management commissioners.
§ 4323. Notice of hearing on establishment of tax lagoon.
§ 4324. Hearing; adoption of proposed report; right to adjourn hearing; referendum.
§ 4325. Contents of report; filing.
§ 4326. Signing of lagoon management commissioners' report; dissent.
§ 4327. Waiving of lagoon management commissioners' hearing and referendum.
§ 4328. Action by Superior Court; notice of final hearing.
§ 4329. Final hearing; lagoon order.
§ 4330. Right to jury trial; procedure.
§ 4331. Defense of contested lagoon orders; Attorney General.
§ 4332. Notice of final action on lagoon order.
§ 4333. Permanent court record.