US
Delaware’s Environmental Permitting Process - DNREC
Delaware’s Environmental Permitting Process - DNREC
Divisions
Office of the Secretary
Div. of Climate, Coastal and Energy
Div. of Air Quality
Div. of Water
Div. of Waste and Hazardous Substances
Div. of Fish and Wildlife
Div. of Parks and Recreation
Div. of Watershed Stewardship
About DNREC
DNREC Divisions
Boards and Councils
Vision and Mission
Delaware Coastal Cleanup
Environmental Justice at DNREC
Civil Rights and DNREC
Work for DNREC!
Internships with DNREC
Natural Resources Police
Topics of Interest
Open Data
Online Apps
E-Mail Lists
Coastal Zone Act
Admin. Law
Regulatory Development
Regulations
Environmental Permitting
DNREC Permit Fees
Secretary’s Orders
Public Notices
Public Meetings
Public Hearings
Environmental Appeals Board
Coastal Zone Industrial Control Board
FOIA Requests
DNREC News
Newsroom
Meetings and Events
Outdoor Delaware
Brand and Logo
Social Media
Digital Newsletter
Be the First to Know
DNREC Menu
Listen
Admin. Law
Administrative Law Section
Permitting & Regulation
DNREC Regulations
Regulatory Development
Environmental Permitting
DNREC Permit Fees
DNREC Public Notices
DNREC Calendar
All Meetings and Events
Public Meetings
Education and Outreach
Outdoor Recreation
Public Hearings
DNREC Public Hearings
Public Comment Rules and Restrictions
Public Hearing Comment Registration
Public Hearing Comment Form
Secretary’s Orders
Regulatory Orders
Permitting Orders
Enforcement Orders
Civil Rights and DNREC
Environmental Appeals Board
Coastal Zone Industrial Control Board
DNREC FOIA Requests
The Delaware Department of Natural Resources and Environmental Control (DNREC) is an executive state agency with the responsibility to protect both the environment of Delaware and the health of our residents. When certain types of commercial or industrial facilities want to open or change their operations in Delaware, they must obtain a permit (or permits) from DNREC for potentially polluting activities.
This guide to the Delaware’s environmental permitting process is also available as a printable, sharable document
in English
en español
and
an Kreyòl Ayisyen
Facilities submit permit applications to DNREC and they are reviewed by subject-matter experts to determine whether the proposal may be permitted under state or federal laws and regulations. The laws and regulations are meant to ensure that both public health and the environment are protected.
DNREC does not advocate for or against any permit. The DNREC Secretary makes the final decision as to whether a permit will be granted. The Secretary relies on information submitted with the permit application, reviews of the application performed by DNREC’s subject-matter experts, and comments received from the public during the permit process.
It is important for DNREC to hear opinions from neighbors of a proposed activity, and other members of the public. These opinions can be in support of the project or opposed to the project.
You Can Be Part of the Process
Information About Permit Applications
DNREC Public Notices
DNREC publishes legal notices
in Delaware newspapers
and online
to make the public aware of applications, permitting matters and other actions taken by the Department. Application materials are posted online; some are also available for review by appointment.
DNREC Meetings
Once a permit application has been reviewed and determined to be complete, the application is publicly noticed. At this time,
DNREC may choose to hold a Community Information Session
offering members of the public the opportunity to ask questions regarding the application before submitting comments. At a Community Information Session, DNREC may provide information and questions may be asked about information contained in the permit application. Nothing in a Community Information Session is part of the official record for the permit application. Such meetings are posted on
the State’s Public Meeting Calendar
and on
the DNREC Calendar of Events
If Needed, Public Hearings
DNREC Public Hearings
Public Comment Protocols
Public Comment Registration
For some permit applications,
a Public Hearing may be held
to allow the public to hear the details of specific permitting matters and to submit comments. If a resident wants to request a public hearing, they should contact the Department to make an official request for a public hearing. The request must be made in the time frame specified in
the public notice
and must contain a reasoned statement of the permit’s probable impact. If a hearing is not requested, the permit can be issued without a hearing.
A formal Public Hearing differs from a Community Information Session; DNREC staff cannot answer questions at a hearing, and the applicant does not engage in discussion with the public at the hearing. Those who want to offer comments during the hearing must pre-register. Find information on
DNREC Public Hearings
Public Comment Protocols
, and
Public Comment Registration
Following the Public Hearing,
written public comments
are accepted for at least 15 days. This length of time may be extended further, should circumstances require. This time allows people to submit comments based upon what they learn at the hearing. All relevant public comments, whether verbal in the Public Hearing or in writing before or after the hearing, have the same weight and will be considered equally by the Secretary.
As of Feb. 1, 2026, comments submitted by individual members of the public will be
posted for public view on the relevant public hearing page using only the commenter’s first name, last name initial and the comment text
. All other personal information will be redacted. Comments submitted on behalf of an organization will be posted as received with all contact information visible.
Review and Decision
DNREC Secretary’s Orders
After the close of the public comment period,
DNREC subject-matter experts review the comments
and provide technical responses to those comments in a Technical Response Memorandum. This document is provided to the Hearing Officer, who makes a recommendation to the Secretary based on the complete Hearing Record.
After review of the entire Hearing Record,
the DNREC Secretary makes a decision
whether to approve or deny the permit. This decision, and the reasons for it, is formally announced through a Secretary’s Order
published on the DNREC website
. If the permit is issued, the Order may include special conditions or restrictions needed to protect public health and the environment.
A Transparent Process
Each Public Hearing has its own web page
, found at
de.gov/dnrechearings
, that includes the full hearing record — the application, the hearing transcript, exhibits, all public comments, the Technical Response Memo, the Hearing Officer’s Report, and the Secretary’s Order. Many issued permits may also be posted online, by the permitting programs, or are available for in-person public review.
A transparent process, the
sharing of information and taking public comment
, is fundamental to DNREC’s permit process, and DNREC is taking new steps to help Delawareans take part in determining how Delaware’s environmental laws and regulations affect them.
Disclaimer:
This document is intended to provide information regarding the DNREC permit process and does not capture all aspects of it or create any legal obligations. The legal requirements for the DNREC permit process can be found in Delaware’s state laws and regulations.
Related Topics:
permitting and regulation
public comment
public hearings
public notice
regulations
Office of the Secretary
Division of Air Quality
Division of Waste and Hazardous Substances
Division of Water
Division of Climate, Coastal and Energy
Division of Fish and Wildlife
Division of Parks and Recreation
Division of Watershed Stewardship
DNREC Newsroom
Public Meetings
Public Notices
DNREC Regulations
Environmental Justice
Non-Discrimination Notice
DNREC Open Data
FOIA Requests
DNREC Divisions
About DNREC
Work for DNREC!
Delaware's Government
Delaware's Governor
State Agencies
Elected Officials
General Assembly
Delaware Courts
State Employees
Cities & Towns
Delaware State Code
State Regulations
Business First Steps
Phone Directory
Locations Directory
Public Meetings
Voting & Elections
Transparency
Health Insurance
Tax Center
Personal Income Tax
Weather & Travel
Corporations
Franchise Tax
Gross Receipts Tax
Withholding Tax
Delaware Topics
Mobile Apps
E-mail / Text Alerts
Social Media
Make Text Size Smaler
Reset Text Size
Make Text Size Bigger
Built by the
Government Information Center
©MMXXVI
Delaware.gov