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Wien v. State

ELR Citation: 35 ELR 20156
Nos. No. 349, 2004, (Del., 07/22/2005)

The court upholds an individual's conviction for violating the Delaware Wetlands Act when he built an erosion barrier on wetlands on his waterfront property without a permit. The statute is not overly broad because it does not unnecessarily restrict his constitutional right to access navigable waterways. It merely requires him to obtain a permit before conducting certain activities on his property. Further, the statute is not unconstitutionally vague. The statute provides minimum guidelines for its enforcement, and the statute's use of the term "construction" should be easily understood by a reasonable person. Last, his claims concerning court error during trial are without merit.