Delaware residents will have an opportunity next month to weigh in on a sweeping update to the regulations governing the state’s park system, with proposed changes affecting everything from surf fishing and magnet fishing to marijuana possession, political signs and overnight park use.
The Delaware Department of Natural Resources and Environmental Control (DNREC), Division of Parks and Recreation, will hold a virtual public hearing on Wednesday, Aug. 5, at 6 p.m. to receive public comments on proposed revisions to the Regulations Governing State Parks (7 Del. Admin. Code 9201). According to DNREC, the updates are intended to modernize the regulations, bring them into compliance with Delaware law and formally incorporate programs and policies that have evolved since the rules were last comprehensively reviewed.
While many of the proposed amendments simply update definitions and reorganize existing language, several changes would directly affect visitors to Delaware’s state parks.
One of the most notable additions would regulate magnet fishing, a recreational activity in which participants use powerful magnets attached to ropes to retrieve metal objects from waterways. Under the proposal, magnet fishing would be prohibited on lands administered by the Division of Parks and Recreation except from the piers at Cape Henlopen and Holts Landing state parks. Possession of equipment specifically designed for magnet fishing could also be considered evidence of a violation.
DNREC is also proposing changes to surf fishing regulations. The updated rules would formally establish the reservation system currently used during peak summer weekends and holidays, requiring drivers to obtain both a valid surf-fishing permit and a reservation to access designated drive-on beaches during specified times. The regulations would also prohibit reselling surf-fishing reservations and further clarify what constitutes being “actively engaged in surf fishing,” requiring anglers to remain within 50 feet of their equipment while tending their lines.
The proposal would also codify the Division’s authority to designate certain parks or facilities for 24-hour operations while clarifying that individuals may not remain overnight in those areas unless actively participating in the activity for which the facility is intended, such as camping or boating.
Several revisions address conduct within state parks. The proposed rules would prohibit displaying obscene material on clothing, signs or banners, while also banning political yard signs, banners and posters on lands administered by the Division. Updated swimwear standards would continue requiring appropriate coverage while clarifying expectations for attire at beaches and swimming areas.
The regulations also incorporate Delaware’s current marijuana laws by defining marijuana and marijuana products while making it unlawful to possess more than the amount permitted under state law. Existing prohibitions against underage possession, providing marijuana or alcohol to minors, public intoxication and illegal drug use would remain in place.
Other proposed updates include expanded definitions for electric bicycles, low-speed vehicles, service animals and concessionaires, along with revised language covering boating safety, campground use, park policies and enforcement procedures.
The virtual public hearing will begin at 6 p.m. Wednesday, Aug. 5. Individuals wishing to provide verbal comments must pre-register no later than noon that day through DNREC’s public comments website or by calling 302-739-9001.
Written comments will be accepted through the close of business on Thursday, Aug. 20, and may be submitted by email to, through DNREC’s online comment form, or by mail to Lisa Vest, Hearing Officer, DNREC Office of the Secretary, 89 Kings Highway, Dover, DE 19901.
Additional information and the complete text of the proposed regulations are available on DNREC’s public hearings webpage and through Delaware’s online regulations portal.
