## Mosquito Control’s Enabling Statute

Revised version enacte d 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 functi ons 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 Natura l 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, incl uding but not limited to source reduction methods that alter oreliminate the habitats of immature mosquitoes, biological controls such as native fish stocking, and the application of in secticides by air or ground to control immature or adult mosquito es, all done in order to effect nuisance relief, to protect pub lic health, and to help avoid adverse impacts to local econ omies 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 labo r 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 ad ult mosquitoes, and treat with proper means all such breedin g places or adult mosquito populations wherever situated, doing no unnecessary damage; and

(5) Generally do any and all th ings necessary or incident to the powers granted and to ca rry out the objects specified in this chapter of this title. Thismay include at the Secretary's discretion the promulgation of rules and regulations to help effectuate the purposes of this su bchapter 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 sh all perform and exercise the authority and powers granted underthis 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 De l. 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 practi ces for mosquito control; notice of entry, claims , damages and payments.(a) Source reduction practices for mosquito control involving physical, topographical, or hydrolog ical alterations of wetlands or other aquatic habitats, such as bu t not limited to the installation of shallow ponds or small ditche s to harbor or allow access for mosquito-eating fishes, or the co nstruction 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 st ate 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 object ing 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 wi thin 30 days after the filing of such protest or claim set a time, place and location for a public hearing thereof. If the protes t involves a property owner asserting that the proposed so urce reduction work is not necessary or is otherwise im proper, such work shall not commence or proceed until the prot est 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 su bject to other federal and state laws and regulations governing th eir legal applications, and are also subject to the Department's administrative policies and procedures for making such applic ations. 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 interfer es with the entry of the Department or its employees up on land or who obstructs or interferes with, molests or damages any of the work performed by it is guilty of a misdemea nor. (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.)

NOTICE: The Delaware Code appearing on this site was prepared by the Division of Research of Legislative Council of the General Assembly with the assistance of the Government Information Center, under the supervision of the Delaware Code Revisors and the editorial staff of LexisNexis, includes all acts up to and including 76 Del. La ws, c. 231, effective May 23, 2008.

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