3 DE Code § 904. (2021)
2021 Delaware Code|Title 3 - Agriculture|Chapter 9. Delaware Agricultural Lands Preservation Act|Subchapter I. Establishment of Foundation, Advisory Boards and Fund|§ 904. Duties and authority of Foundation.

§ 904. Duties and authority of Foundation. (a) The Foundation shall be responsible for the following:  (1) The adoption, after public hearing, of criteria for establishment and maintenance of Agricultural Preservation Districts, which criteria shall supplement and be consistent with the standards set forth in this chapter; (2) The adoption, after public hearing, of criteria for the purchase of agricultural lands preservation easements, which criteria shall supplement and be consistent with the standards set forth in this chapter; (3) The adoption, after public hearing and consultation with the Department of Agriculture, the Department of Natural Resources and Environmental Control, and the Farmland Preservation Advisory Boards and Planning and Zoning Commissions of each county, of a statewide agricultural lands preservation strategy which specifically identifies the areas of the State in which valuable productive agricultural lands are located and which are considered best suited for long-term preservation, and by specifically identifying the growth zone; (4) The administration, operation and supervision of the Delaware Farmland Preservation Fund; (5) The monitoring and enforcement of the requirements and restrictions imposed by and under the provisions of this chapter, any duly adopted regulations and legally binding instruments; (6) The establishment of a program of cooperation and coordination with the governing bodies of the counties, municipalities and other units of general government below the State level and with private nonprofit or public organizations to assist in the preservation of agricultural lands for agricultural purposes; (7) The acquisition of available federal funding, including application for eligible loans under the Farms for the Future Act of 1990 (7 U.S.C. § 4201 et seq.) and for undertaking all other necessary actions required for receipt of such funding, and deposit of any such moneys received into the Delaware Farmland Preservation Fund; (8) The performance of an annual audit of the Foundation's accounts, prepared by an independent certified public accountant qualified to perform such an audit, which annual audit shall be part of the Foundation's Annual Report; (9) The preparation of an Annual Report of the Foundation's proceedings and activities for the annual period ending June 30, which report shall include the annual audit, an inventory of farmlands and forestlands located in Agricultural Preservation Districts, an inventory of preservation easements acquired during the period, the status of the Fund and such other information deemed appropriate, which Annual Report shall be submitted to the Governor and the General Assembly of the State; (10) The establishment of a program of education and promotion of agricultural lands preservation; (11) The development of an effective program to fully implement the provisions of this chapter; (12) The establishment and implementation of a forestland preservation program; and (13) The adoption of rules of practice and procedure for acquiring forestland preservation easements. (b) The Foundation shall have the authority to do the following:  (1) Adopt an organizational structure to implement this chapter; (2) Employ a staff subject to the availability of funding; (3) Establish an office in the State; (4) Retain by contract auditors, accountants, appraisers, legal counsel, surveyors, private consultants, financial advisors or other contractual services required by the Foundation; (5) Sue and be sued; (6) Utilize a seal; (7) Conduct such hearings, examinations and investigations as may be necessary and appropriate to the conduct of its operations and the fulfillment of its responsibilities; (8) Procure and keep in force adequate insurance or otherwise provide for the adequate protection of its property, as well as to indemnify and save itself harmless and its officers, agents or employees against loss or liability with respect to any risk to which it or they may be exposed in carrying out any function of the Foundation; (9) Purchase, sell, manage, lease or rent such real and personal property for use of the Foundation as deemed necessary, convenient or desirable; (10) Act on and approve applications for the establishment of Agricultural Preservation Districts consistent with the provisions of this chapter and duly adopted regulations; (11) Acquire by gift or purchase agricultural land preservation easements; (12) Seek, obtain and utilize federal and private funding for the purposes of this chapter; (13) Make short- and long-range plans for the protection and preservation of agricultural lands; (14) Enter upon lands as may be necessary to perform surveys, appraisals and investigations to accomplish the purposes of this chapter; (15) Accept gifts, grants or loans of funds, property or service from any source, public or private, and comply, subject to this chapter, with the terms and conditions of any agreements entered and related thereto; (16) Receive funds from the sale of general bonds, revenue bonds or other obligations of the State or under the name of the Foundation; (17) Recover reasonable costs for service provided; (18) Delegate to 1 or more of its Trustees, its Executive Director or its agents such powers and duties as it may deem necessary and proper for the conduct of its authorized business; (19) Select an Executive Director, who shall be a member and chief executive officer of the staff of the Foundation, subject to the availability of funding for such position, and provided further that the Executive Director shall be a resident of the State, have an undergraduate degree from an accredited institution of higher learning and possess at least 5 years experience in the administration of agricultural programs, land use planning or agribusiness activities; (20) Adopt procedural rules to govern the manner in which internal affairs of the Foundation are conducted; (21) Adopt, after notice and public hearing, rules and regulations to fulfill the Foundation's responsibilities and fully effectuate the authority, purposes, intent and activities contemplated under this chapter; and (22) Engage in all the activities specified in this subsection (b) of this section as they may relate to the forestland preservation program set forth in subchapter V of this chapter. (c) The members of the staff of the Foundation shall be afforded protections comparable to those provided under the State Merit System and shall be included under and subject to Chapter 55 of Title 29. 68 Del. Laws, c. 118, §  2;  71 Del. Laws, c. 221, §  2;  71 Del. Laws, c. 378, §  95;  75 Del. Laws, c. 201, §§  4, 5;