Mosquito Control’s Enabling Statute 

Revised version enacted on January 1, 2008 

Delaware Code 

TITLE 16 

Health and Safety

Regulatory Provisions Concerning Public Health

CHAPTER 19. MOSQUITO CONTROL 

§ 1901. Department of Natural Resources and Environmental 

Control -- Supervision. 

The duties, powers and functions of the former Mosquito 

Control Commission of the State and the State Highway 

Department shall be under the supervision and control of the 

Department of Natural Resources and Environmental Control, 

which Department may perform all the duties, powers and 

functions formerly vested in the Mosquito Control Commission 

and the State Highway Department. (Code 1935, c. 182; 45 Del. 

Laws, c. 27, § 1; 16 Del. C. 1953, § 1901; 57 Del. Laws, c. 739, 

§§ 228-230.) 

§ 1902. Department of Natural Resources and Environmental 

Control -- Powers and duties. 

(a) The Department of Natural Resources and Environmental 

Control, hereinafter referred to as the Department, may: 

(1) Take all necessary and proper steps and measures for 

the eradication of mosquitoes, including but not limited to source 

reduction methods that alter or eliminate the habitats of 

immature mosquitoes, biological controls such as native fish 

stocking, and the application of insecticides by air or ground to 

control immature or adult mosquitoes, all done in order to effect 

nuisance relief, to protect public health, and to help avoid 

adverse impacts to local economies from severe mosquito 

infestations; and 
(2) Treat as nuisances all stagnant pools of water or other 

breeding places of mosquitoes to help protect the public's well 

being and health; and 

(3) Purchase all needed equipment, supplies and 

materials, and employ such labor and services as may be proper 

or necessary in the furtherance of the objects of this chapter of 

this title and fix the compensation and prescribe the duties of all 

employees, agents and servants; and 

(4) Enter upon land, whether privately-owned or not, for 

the purpose of determining the breeding places of immature 

mosquitoes or occurrence of adult mosquitoes, and treat with 

proper means all such breeding places or adult mosquito 

populations wherever situated, doing no unnecessary damage; 

and 

(5) Generally do any and all things necessary or incident 

to the powers granted and to carry out the objects specified in 

this chapter of this title. This may include at the Secretary's 

discretion the promulgation of rules and regulations to help 

effectuate the purposes of this subchapter of this chapter of this 

title. 

(b) Control measures taken for the eradication of mosquitoes 

shall, to the extent practicable, not be injurious to pets, livestock 

or wildlife. The Department shall perform and exercise the 

authority and powers granted under this chapter of this title 

within the limitations of any appropriation made under any 

appropriation act of the General Assembly for mosquito control 

purposes. (Code 1935, c. 182; 45 Del. Laws, c. 309, § 1; 46 Del. 

Laws, c. 309, § 1; 16 Del. C. 1953, § 1902; 76 Del. Laws, c. 

151, § 1.) 

§ 1903. Declaration of nuisance. 

Any accumulation of water in which mosquitoes are breeding 

or are likely to breed is declared to be a nuisance. (Code 1935, 

c. 182; 45 Del. Laws, c. 271, § 3; 46 Del. Laws, c. 309, § 2; 16 

Del. C. 1953, § 1903.) 

§ 1904. Source reduction practices for mosquito control; 

notice of entry, claims, damages and payments. 
(a) Source reduction practices for mosquito control involving 

physical, topographical, or hydrological alterations of wetlands or 

other aquatic habitats, such as but not limited to the installation 

of shallow ponds or small ditches to harbor or allow access for 

mosquito-eating fishes, or the construction of shallow ponds or 

small ditches or the placement of fill to eliminate or usurp 

mosquito-rearing sites, must be done in an environmentallycompatible manner and to the extent practicable shall limit 

adverse impacts to flora and fauna and shall only be undertaken 

after all required federal and state permits have been obtained. 

A property owner must be informed at least 30 days in advance 

in writing, of any intention to perform such source reduction 

work. Any property owner objecting to the proposed source 

reduction work, or who is aggrieved or who claims injury or 

damages due to the execution of any source reduction work of 

the Department on said property, may file a protest with the 

Department setting forth the grievance or claim. The 

Department shall thereupon and within 30 days after the filing of 

such protest or claim set a time, place and location for a public 

hearing thereof. If the protest involves a property owner 

asserting that the proposed source reduction work is not 

necessary or is otherwise improper, such work shall not 

commence or proceed until the protest has been denied by the 

Secretary after the public hearing. In all such cases the decision 

of the Department as to the necessity and appropriateness of 

such source reduction work shall be final. Any damage claimed 

by any party on account of source reduction work of the 

Department upon that party's property may be judicially 

determined. The amount of any damage that may be awarded 

such party shall be paid by the Department. 

(b) This section shall not apply to the application of mosquito 

control insecticides which are subject to other federal and state 

laws and regulations governing their legal applications, and are 

also subject to the Department's administrative policies and 

procedures for making such applications. This section shall also 

not apply to the use of biological controls such as the stocking of 

native fish that consume immature mosquitoes, which is a 

practice subject to the Department's administrative policies and 

procedures. (Code 1935, c. 182; 45 Del Laws, c. 271, § 4; 46 

Del. Laws, c. 309, § 2; 16 Del. C. 1953, § 1904; 57 Del. Laws, c. 

739, § 232; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 151, § 

2.) 
§ 1905. Obstructions and interferences. 

Whoever obstructs or interferes with the entry of the 

Department or its employees upon land or who obstructs or 

interferes with, molests or damages any of the work performed 

by it is guilty of a misdemeanor. (Code 1935, c. 182; 45 Del. 

Laws, c. 271, § 5; 46 Del. Laws, c. 309, § 2; 16 Del. C. 1953, § 

1905; 57 Del. Laws, c. 739, § 233.) 

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