reglab/housing_qa huggingface dataset:
3 DE Code § 1051. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 10. State Forestry|Subchapter V. Pine and Yellow-Poplar Tree Conservation and Reforestation|§ 1051. Findings; policy; purpose.

§ 1051. Findings; policy; purpose. The General Assembly finds and declares that the pine and yellow-poplar forest resource of the State provides significant recreational, aesthetic, wildlife and environmental benefits as well as wood fiber essential to commerce and industry for the citizens of the State. The General Assembly has also determined that the pine and hardwood forest resources are being harvested at a greater rate than they are being replanted or reproduced and unless measures are instituted to ensure that the forest resources are sustained, this natural resource will be depleted to the detriment of the citizens of the State. It is, therefore, the declared public policy of this State to preserve and protect the pine and yellow-poplar forest resources of the State. The purpose of this subchapter is to regulate the maintenance and reproduction of the pine and yellow-poplar forest resources of the State in the public interest. 72 Del. Laws, c. 235, §  2;
3 DE Code § 1052. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 10. State Forestry|Subchapter V. Pine and Yellow-Poplar Tree Conservation and Reforestation|§ 1052. Definitions.

§ 1052. Definitions. As used in this subchapter:  (1) “Cutting operation” shall mean the cutting of timber for commercial purposes from 10 acres or more of land on which loblolly pine (Pinus taeda), shortleaf pine (Pinus echinata), pond pine (Pinus serotina) or yellow-poplar (Liriodendron tulipifera) singly or together occur and constitute 25 percent or more of the live trees on each acre. (2) “Live tree” shall mean trees that have their crowns in the uppermost layers of the canopy (dominant and co-dominant trees) and are largely free growing, free of insect and disease infestation, windfirm and old enough to produce fertile seed crops. (3) “Diameter” shall mean the diameter outside bark of a standing tree measured 4.5 feet above the ground. (4) “Landowner” shall mean any person holding title to the land or possessing the right to contract for the cutting operation thereon. (5) “Operator” shall mean any person, including a landowner, who conducts any cutting operation. (6) “Person” shall mean the State, or any county, municipality, corporation or other political subdivision of the State or any of their units, or an individual receiver, trustee, guardian, executor, administrator, fiduciary or representative of any kind, or any partnership, firm, association or public or private corporation, or principal(s) in business ventures operating under more than 1 name, or any other entity. (7) “Pine” shall mean any loblolly pine (Pinus taeda), shortleaf pine (Pinus echinata) or pond pine (Pinus serotina). (8) “Secretary” shall mean the Secretary of the Department of Agriculture. (9) “Seedling” shall mean a young pine or yellow-poplar plant less than 1 inch in diameter. (10) “Tree” or “timber” shall mean any tree of a currently commercially valuable species that is 6 inches or more in diameter. (11) “Free to grow” shall mean to increase the stem and crown diameter, basal area, height, volume and quality of an individual tree.72 Del. Laws, c. 235, §  2;
3 DE Code § 1053. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 10. State Forestry|Subchapter V. Pine and Yellow-Poplar Tree Conservation and Reforestation|§ 1053. Conservation or reforestation plan required; applicability; regulations.

§ 1053. Conservation or reforestation plan required; applicability; regulations. (a) No person shall commence a cutting operation unless seed trees have been reserved pursuant to the natural regeneration method set forth herein or pursuant to an alternate management plan approved by the State Forester or his designee. (b) This subchapter shall not apply to operations cutting timber from land being cleared for reservoirs, military installations, agriculture, residential, ditch and utility right-of-ways, industrial sites, or railroads, or to cutting operations undertaken pursuant to a contract executed prior to January 1, 1989. (c) The Department of Agriculture shall have the authority to adopt, amend, modify or repeal such rules and regulations as it deems necessary to effectuate the policies and the purposes of this subchapter. 72 Del. Laws, c. 235, §  2;
3 DE Code § 1056. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 10. State Forestry|Subchapter V. Pine and Yellow-Poplar Tree Conservation and Reforestation|§ 1056. Prohibitions.

§ 1056. Prohibitions. No person shall cut or permit to be cut any pine or yellow-poplar tree or seedling required to be reserved for reseeding or planted under a reforestation plan or perform any act or permit any act to be performed which prevents reseeding or reforestation of any area in which a cutting operation has been conducted. 72 Del. Laws, c. 235, §  2;
3 DE Code § 1057. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 10. State Forestry|Subchapter V. Pine and Yellow-Poplar Tree Conservation and Reforestation|§ 1057. Right of entry.

§ 1057. Right of entry. The State Forester or the State Forester's duly authorized representative may enter at reasonable times upon any public or private property for the purpose of determining whether a violation of the provisions of this subchapter or any of the regulations promulgated thereunder exists upon giving verbal notice and after presenting official identification to the landowner, operator, custodian or agent of said property. 72 Del. Laws, c. 235, §  2;  70 Del. Laws, c. 186, §  1;
3 DE Code § 1058. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 10. State Forestry|Subchapter V. Pine and Yellow-Poplar Tree Conservation and Reforestation|§ 1058. Cease and desist orders.

§ 1058. Cease and desist orders. The State Forester shall have the power to issue a cease and desist order to any person violating any provision of this subchapter or rules or regulations promulgated thereunder. Any such cease and desist order shall remain in effect until withdrawal of said order by the State Forester or until the order is superseded by an injunction, whichever occurs first. 72 Del. Laws, c. 235, §  2;
3 DE Code § 1059. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 10. State Forestry|Subchapter V. Pine and Yellow-Poplar Tree Conservation and Reforestation|§ 1059. Injunctive relief.

§ 1059. Injunctive relief. Whenever it appears that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this subchapter or rules or regulations adopted pursuant to it, the State Forester may bring an action in the Court of Chancery to restrain or to enjoin the acts or practices and to enforce compliance with this subchapter. The Court shall not require the Department of Agriculture to post a bond. 72 Del. Laws, c. 235, §  2;
3 DE Code § 1060. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 10. State Forestry|Subchapter V. Pine and Yellow-Poplar Tree Conservation and Reforestation|§ 1060. Appeals.

§ 1060. Appeals. (a) Any person whose interest is substantially affected by an action of the State Forester or the State Forester's designee may request a hearing to demonstrate compliance with this subchapter or any regulations promulgated thereunder. (b) Such hearing shall be scheduled within 15 days of the request and shall be held by the Secretary or the Secretary's designee. The decision of the Secretary or the Secretary's designee may be appealed to the Superior Court on the record within 30 days of the decision. (c) No appeal shall operate to automatically stay any action of the Secretary. 72 Del. Laws, c. 235, §  2;  70 Del. Laws, c. 186, §  1;
3 DE Code § 1061. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 10. State Forestry|Subchapter V. Pine and Yellow-Poplar Tree Conservation and Reforestation|§ 1061. Penalties.

§ 1061. Penalties. (a) Any person who violates any provision of this subchapter or associated rules and regulations shall, upon conviction, be subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 months, or both. (b) Any person found guilty of a second or subsequent violation of any provision of this subchapter is subject to a fine not exceeding $2,000 or imprisonment not exceeding 3 months, or both. For the purposes of this subsection, a second or subsequent violation is one that has occurred within 2 years of any prior violation of this subchapter. (c) The Justices of the Peace Court shall have original jurisdiction to hear and determine violations of this subchapter. 72 Del. Laws, c. 235, §  2;
3 DE Code § 1071. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 10. State Forestry|Subchapter VI. Water Quality as It Relates to Silvicultural Systems and Sedimentation and Erosion Control|§ 1071. Findings; policy; purpose.

§ 1071. Findings; policy; purpose. The State Forester shall provide for the protection of the waters of the State from pollution by sediment deposits resulting from silvicultural activities as provided in § 1078 of this title. Through the adoption of this subchapter, the State recognizes that water quality protection techniques for silvicultural practices are an integral component of properly managed forests. Further, the State recognizes the positive benefits that properly managed forest systems have on the environment, water quality and quality of life in Delaware. 72 Del. Laws, c. 235, §  2;
3 DE Code § 1072. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 10. State Forestry|Subchapter VI. Water Quality as It Relates to Silvicultural Systems and Sedimentation and Erosion Control|§ 1072. Definitions.

§ 1072. Definitions. The following words, terms and phrases, as used in this subchapter, shall have the following meanings ascribed to them except where the context clearly indicates a different meaning:  (1) “Owner” shall mean any person that (a) owns or leases land on which silvicultural activity occurs or (b) owns timber on land which silvicultural activity occurs. (2) “Operator” shall mean any person that operates or exercises control over any silvicultural activity. (3) “Pollution” shall mean such alteration of the physical, chemical or biological properties of any waters of the State resulting from sediment deposition that will or is likely to create a nuisance or render such waters (a) harmful or detrimental or injurious to the public health, safety or welfare, or to the health of animals, fish or aquatic life; (b) unsuitable with reasonable treatment for use as a present or possible future source of public water supply; or (c) unsuitable for recreational, commercial, industrial, agricultural or other reasonable uses. (4) “Silvicultural activity” shall mean any forest management activity, including but not limited to the harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation. (5) “Reforestation” is the establishment of a tree crop on forest land.72 Del. Laws, c. 235, §  2;
3 DE Code § 1073. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 10. State Forestry|Subchapter VI. Water Quality as It Relates to Silvicultural Systems and Sedimentation and Erosion Control|§ 1073. Conduct of silvicultural activities.

§ 1073. Conduct of silvicultural activities. If the State Forester or the State Forester's designee determines that an owner or operator is conducting or allowing the conduct of any silvicultural activity in a manner that is causing or is likely to cause pollution, the State Forester or the State Forester's designee may advise the owner or operator of corrective measures needed to prevent or cease the pollution. Failure of the State Forester or the State Forester's designee to advise an owner or operator of such corrective measures shall not impair the State Forester's authority to issue cease and desist orders. 72 Del. Laws, c. 235, §  2;
3 DE Code § 1074. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 10. State Forestry|Subchapter VI. Water Quality as It Relates to Silvicultural Systems and Sedimentation and Erosion Control|§ 1074. Cease and desist orders.

§ 1074. Cease and desist orders. The State Forester shall have the power to issue a cease and desist order to any person violating any provision of this subchapter or rules or regulations promulgated thereunder. Any such cease and desist order shall remain in effect until withdrawal of said order by the State Forester or until the order is superseded by an injunction, whichever occurs first. 72 Del. Laws, c. 235, §  2;
3 DE Code § 1075. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 10. State Forestry|Subchapter VI. Water Quality as It Relates to Silvicultural Systems and Sedimentation and Erosion Control|§ 1075. Injunctive relief.

§ 1075. Injunctive relief. Whenever it appears that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this subchapter or rules or regulations adopted pursuant to it, the State Forester may bring an action in the Court of Chancery to restrain or to enjoin the acts or practices and to enforce compliance with this subchapter. The Court shall not require the Department of Agriculture to post a bond. 72 Del. Laws, c. 235, §  2;
3 DE Code § 1076. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 10. State Forestry|Subchapter VI. Water Quality as It Relates to Silvicultural Systems and Sedimentation and Erosion Control|§ 1076. Appeals.

§ 1076. Appeals. (a) Any person whose interest is substantially affected by an action of the State Forester or the State Forester's designee may request a hearing to demonstrate compliance with this subchapter or any regulations promulgated thereunder. (b) Such hearing shall be scheduled within 15 days of the request and shall be held by the State Forester or the State Forester's designee. The decision of the State Forester or the State Forester's designee may be appealed to Superior Court on the record within 30 days of the decision. (c) No appeal shall operate to automatically stay any action of the State Forester. 72 Del. Laws, c. 235, §  2;  70 Del. Laws, c. 186, §  1;
3 DE Code § 1077. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 10. State Forestry|Subchapter VI. Water Quality as It Relates to Silvicultural Systems and Sedimentation and Erosion Control|§ 1077. Penalties.

§ 1077. Penalties. (a) Any person who violates any provision of this subchapter or associated rules and regulations shall, upon conviction, be subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 months, or both. (b) Any person found guilty of a second or subsequent violation of any provision of this subchapter is subject to a fine not exceeding $2,000 or imprisonment not exceeding 3 months, or both. For the purposes of this subsection, a second or subsequent violation is one that has occurred within 2 years of any prior violation of this subchapter. (c) The Justice of the Peace Court shall have original jurisdiction to hear and determine violations of this subchapter. 72 Del. Laws, c. 235, §  2;
3 DE Code § 1078. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 10. State Forestry|Subchapter VI. Water Quality as It Relates to Silvicultural Systems and Sedimentation and Erosion Control|§ 1078. Hearings, notices.

§ 1078. Hearings, notices. Any hearing required under this subchapter shall follow the Administrative Procedures Act, Chapter 101 of Title 29. 72 Del. Laws, c. 235, §  2;
3 DE Code § 1079. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 10. State Forestry|Subchapter VI. Water Quality as It Relates to Silvicultural Systems and Sedimentation and Erosion Control|§ 1079. Civil penalties.

§ 1079. Civil penalties. Any owner or operator who violates or fails or refuses to obey any special order, rule or regulation may be assessed a civil penalty by the State Forester. Such penalty shall not be less than $200 or more than $1,000 for each violation. Each day of a continuing violation may be deemed a separate violation for purposes of assessing penalties. The Superior Court shall have jurisdiction of the offenses brought under this subchapter. In determining the amount of the penalty, consideration shall be given to the owner's or operator's history of noncompliance, the seriousness of the violation, including any irreparable harm to the environment and any hazards to the health or safety of the public, whether the owner or operator was negligent, and the demonstrated good faith of the owner or operator in reporting and remedying the pollution. A civil penalty may be assessed by the Superior Court only after the owner or operator has been given an opportunity for a hearing as specified in § 2981 of this title. Any person who intentionally, knowingly and after written notice to comply violates or refuses to comply with any notice issued pursuant to this chapter shall be fined not less than $500 or more than $5,000 for each offense. Each day the violation continues shall constitute a separate offense. The Superior Court shall have jurisdiction of offenses brought under this subchapter. 72 Del. Laws, c. 235, §  2;
3 DE Code § 1080. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 10. State Forestry|Subchapter VI. Water Quality as It Relates to Silvicultural Systems and Sedimentation and Erosion Control|§ 1080. State program.

§ 1080. State program. In carrying out this chapter, the State Forester may, in cooperation with appropriate municipal, county, state and federal agencies, and with representatives from operators and owners groups:  (1) Develop and publish sediment control and storm water management techniques and guidelines for use by owners and operators; (2) Provide technical and other assistance to owners and operators in the implementation of techniques and guidelines; (3) Conduct and supervise educational programs for owners and operators with respect to sediment control and storm water management techniques and guidelines; (4) Conduct studies and research and publish the results regarding the causes, effects and hazards of sediment and storm water originating from silvicultural activities; (5) Cooperate with appropriate agencies of the United States or other states or any interstate agency with respect to silvicultural activities; (6) Establish a means of communication, such as a newsletter, so that information regarding program development and implementation can be distributed to interested owners and operators; and (7) Establish a notification system whereby owners and/or operators inform the Delaware Department of Agriculture Forest Service of planned silvicultural activities prior to commencing the activities.72 Del. Laws, c. 235, §  2;
3 DE Code § 1201. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter I. General Provisions|§ 1201. Declaration of purpose.

§ 1201. Declaration of purpose. The purposes of this chapter are:  (1) To regulate the sale, use and application of pesticides in the interest of the overall public welfare; (2) To protect the consumer by requiring that pesticides sold in this State be correctly labeled with warnings and adequate directions for use; and (3) To restrict the use of any pesticides which are found to be so hazardous to man or to his environment that restrictions are necessary in the overall public interest, weighing the benefits and the risks of that use.3 Del. C. 1953, §  1201;  58 Del. Laws, c. 166;  60 Del. Laws, c. 671, §  1;
3 DE Code § 1204. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter II. Regulation of Sale and Use of Pesticides and Devices|§ 1204. Registration of pesticides which do not have E.P.A. registration for intended use.

§ 1204. Registration of pesticides which do not have E.P.A. registration for intended use. (a) This section shall become effective upon certification of the State by the Administrator of E.P.A. pursuant to § 24(c) of FIFRA [7 U.S.C. § 136v]. (b) Every pesticide which does not have E.P.A. registration for the use intended and which is formulated for distribution and use within this State shall be duly registered with the Department in accordance with this section. (c) Any application for the registration of a pesticide under this section shall be filed with the Department and include the information set forth pursuant to the regulations adopted under § 1203 of this title. The Department may register such pesticide if it determines that:  (1) Its composition is such as to warrant the proposed claim for it; (2) Its labeling and other material required to be submitted comply with the requirements of this chapter; (3) It will perform its intended function without unreasonable adverse effects on the environment; (4) When used in accordance with widespread and commonly recognized practice, it will not generally cause unreasonable adverse effects upon the environment; (5) The classification for general or restricted use is in conformity with § 3(d) of FIFRA [7 U.S.C. § 136a(d)]; and provided, that the Department shall not make any lack of essentiality a criterion for denying registration of any pesticide. Where 2 pesticides meet the requirements of this paragraph, 1 should not be registered in preference to the other; or (6) Special local needs exist.60 Del. Laws, c. 671, §  1;
3 DE Code § 1205. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 12. Pesticides|Subchapter II. Regulation of Sale and Use of Pesticides and Devices|§ 1205. Revocation or suspension of registration.

§ 1205. Revocation or suspension of registration. (a) The Department may, after due notice, including notice to the registrant and opportunity for a hearing, revoke the registration of a pesticide registered pursuant to this chapter if the pesticide or its labeling does not comply with the requirements of this chapter or the regulations promulgated by the Department, or to prevent unreasonable adverse effects on the environment. A person affected by such revocation may request a hearing before the Department. A hearing shall be held within 30 days after request. Within 30 days after the hearing, the Department shall affirm, withdraw or modify its action by an order based upon the record of the hearing. An appeal from that order may be taken to the Superior Court within 30 days of the date of the order. (b) The Department may suspend the registration of any pesticide pending the completion of revocation proceedings if the continued use of a pesticide during the time required for revocation proceedings would be likely to result in unreasonable adverse effects on the environment. A revocation order shall be issued with the suspension order so that the hearing procedure may be initiated as provided in cases of revocation of registration. If no request for a hearing is made within 30 days of the suspension order, the revocation order will be effective and the registration is revoked. 58 Del. Laws, c. 166;  60 Del. Laws, c. 671, §  1;