reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 3 - Agriculture › Chapter 7. AGRICULTURAL COMMODITIES DEVELOPMENT ACT › § 702. Purpose; construction.

§ 702. Purpose; construction.
(a) It is hereby declared to be in the interest of the public welfare that Delaware farmers who produce agricultural commodities for domestic and foreign markets shall be permitted to act separately or jointly in cooperation with handlers, dealers and processors of such products, with the Delaware Department of Agriculture, the University of Delaware's College of Agricultural Sciences and any other qualified agencies, to provide funds to assist in education, research, production and market development related to such commodities. It is further declared that provisions for the establishment of Agricultural Commodity Advisory Boards are deemed an appropriate means to accomplish the purpose.
(b) This chapter shall not be construed to abrogate or limit in any way the rights, powers, duties and functions of the Secretary of Agriculture or any other agency of the State, but shall be supplementary thereto, and in aid and cooperation therewith.
62 Del. Laws, c. 176, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 7. AGRICULTURAL COMMODITIES DEVELOPMENT ACT › § 703. Definitions.

§ 703. Definitions.
For the purpose of this chapter:
(1) “Agricultural commodity” means any agricultural product, including, but not limited to, plants and animals and plant and animal products, grown, raised or produced within the State for use as food, feed, seed or any aesthetic, industrial or chemurgic purpose.
(2) “Commercial channels” means the processes of the sale of any agricultural commodity to any commercial buyer, dealer, processor, cooperative or to any person, public or private, who resells such commodity or any product produced from such commodity for storage, slaughter, processing or distribution.
(3) “Person” means any individual, corporation, association, cooperative, partnership or organized group of persons whether incorporated or not.
(4) “Board” or “Advisory Board” means the boards created under this chapter in connection with the organization of producers as herein provided.
(5) “First purchaser” means any person that buys agricultural commodities for movement into commercial channels from the producer; or any lienholder, secured party or pledgee, public or private, or assignee of said lienholder, secured party or pledgee, who gains title to the agricultural commodity from the producer as the result of exercising any legal rights by the lienholder, secured party, pledgee or assignee thereof, regardless of when the lien, security interest or pledge was created.
(6) “Secretary” means the Secretary of Agriculture of the State.
(7) “Producer” means any person who owns or operates an agricultural producing or growing facility for the agricultural commodity under consideration for referendum and shares in the profits and risks of loss from such facility, and who grows, raises, feeds or produces said agricultural commodity in Delaware during the current marketing year.
(8) “Qualified voter” means any person who would be subject to the payment of fees imposed to finance the activities described in this chapter.
(9) “Development order” means an order issued by the Secretary with the advice and consent of an Agricultural Commodity Advisory Board pursuant to this chapter.
(10) “Sale” means any passing of commodity title from the producer to the first purchaser. Sale includes any pledge, security interest or lien.
62 Del. Laws, c. 176, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 7. AGRICULTURAL COMMODITIES DEVELOPMENT ACT › § 705. Same — Meetings; quorum.

§ 705. Same — Meetings; quorum.
Subject to the requirements of this chapter, the Advisory Board shall meet at such time and place as it may determine or upon call of the chairperson or of any 3 members of the Board. A majority of the voting members of the Board shall constitute a quorum for the transaction of all business in carrying out the duties of the Board.
62 Del. Laws, c. 176, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 7. AGRICULTURAL COMMODITIES DEVELOPMENT ACT › § 706. Same — Formulate and submit development order.

§ 706. Same — Formulate and submit development order.
(a) Within 30 days after the election of an Agricultural Commodity Advisory Board by the producers of a particular commodity, the Advisory Board shall meet and formulate a development order establishing a program to assist such functions as education, research, production and market development relating to such commodity or commodities and establishing fees to be paid by producers to finance the proposed activities.
(b) The Secretary, with the advice and consent of the Advisory Board, shall hold a public hearing or public hearings on the proposed development order in an area or areas and at a time or times affording reasonable opportunities to producers to attend. The Advisory Board together with the Secretary shall determine after such hearings whether or not the development order shall be amended, modified or supplemented. If changes or additions of substance are made, the Advisory Board and the Secretary shall hold like public hearings on the amended or supplemented development order.
(c) Following the hearing, or hearings, the Advisory Board and Secretary shall conduct a referendum on the proposed final development order. At least 14 days' notice of the time and places of such referendum shall be published in a legal newspaper of general circulation in each county affected. In addition, direct written notice thereof shall likewise be given to each county extension office in any county involved in the referendum. Such notice shall include details of the development order to afford all producers access to complete information about the development order. The development order shall become effective if it is approved by a majority of those voting in the referendum, and such order shall be applicable only to those producers of the subject commodity within the area of the State organized pursuant to this chapter. Upon completion of the referendum, the Secretary shall make findings and issue an appropriate order based on said findings.
62 Del. Laws, c. 176, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 7. AGRICULTURAL COMMODITIES DEVELOPMENT ACT › § 707. Same — Additional powers and duties.

§ 707. Same — Additional powers and duties.
(a) The Agricultural Commodity Advisory Board shall:
(1) Adopt and administer rules and regulations for the administration of the development order;
(2) Recommend amendments to the order, such amendments to be adopted only after a referendum in which a majority of the producers voting favor such adoption;
(3) Prepare an annual estimated budget for the operation of the development order; and
(4) Prepare an annual report on the programs of the order, said report to be made available to the producers concerned.
(b) The Advisory Board shall provide a procedure for collection of the producer assessments to finance the development order and for the proper administration of the order.
(c) The Advisory Board shall provide for the refund of any fees or assessments paid by the producer who objects to payments of said fees or assessments.
(d) The Advisory Board is authorized to accept donations of funds, property, services or other assistance from public or private sources for the purpose of furthering the objectives of this chapter.
(e) The Advisory Board shall have the right to investigate and prosecute in the name of the State any action or suit to enforce the collection or insure payment of fees or assessments authorized by this chapter, and to sue and to be sued in the name of the Board and to do all other things necessary to the administration and implementation of this chapter.
(f) The Advisory Board shall be responsible for the collection and expenditure of all funds provided for under this chapter and shall provide for an annual audit of funds to be made by a certified auditing firm. An annual financial statement shall be available to any participant upon request.
62 Del. Laws, c. 176, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 7. AGRICULTURAL COMMODITIES DEVELOPMENT ACT › § 708. Powers and duties of Secretary.

§ 708. Powers and duties of Secretary.
(a) The Secretary, with the advice and consent of the Advisory Board, will contract and cooperate with the University of Delaware's College of Agricultural Sciences, or with other qualified agencies, persons or organizations, to meet the purpose of the development order.
(b) The Secretary, with the advice and consent of the Advisory Board, may appoint, employ, provide necessary bond, discharge, fix compensation for and prescribe the duties of such administrative, clerical, technical and other personnel and agencies as may be deemed necessary.
(c) In administering this chapter, the Secretary shall have such other powers as may be conferred upon the Secretary by law not inconsistent with this chapter.
(d) In the organization and operation of a development order for any agricultural commodity coming under the sections of this chapter, the Secretary shall follow the rules and regulations as developed by the Advisory Board pursuant to this chapter.
62 Del. Laws, c. 176, §  1;  84 Del. Laws, c. 42, § 6;
2023 Delaware Code › Title 3 - Agriculture › Chapter 7. AGRICULTURAL COMMODITIES DEVELOPMENT ACT › § 709. Fees to defray expenses.

§ 709. Fees to defray expenses.
(a) For the purpose of providing funds to defray the necessary expenses incurred by the Secretary and the Advisory Board in formulating, submitting to referendum, issuing, administering and enforcing an agricultural commodity development order, the development order shall provide for assessing and collecting fees in amounts sufficient to defray such expenses. Any increase in the maximum assessment provided for in the development order must be within the limit herein prescribed and must be approved by the majority of voting, participating producers in a referendum held for that purpose after reasonable notice of such proposed increase.
(b) The Agricultural Commodity Advisory Boards together with the Secretary shall establish the procedure for the payment of the assessment by the producer and such procedure shall be clearly outlined in the proposed development order. Such procedure must be fair, reasonable and shall be deducted by the first purchaser at the time of sale. The first purchaser shall submit to the Advisory Board through the Secretary's office any fees so deducted once every 30 days. When proof of payment of the fee assessed can be furnished, it shall not be necessary for any subsequent buyer to deduct the fee at time of purchase.
(c) The Secretary shall require producers petitioning for a development order to deposit with the Secretary in advance such amount as the Secretary deems necessary to defray the expense of electing the first Board formulating an order, submitting it to referendum and issuing the order. If the order is issued, such persons shall be reimbursed when funds are available from assessments. If the order is not issued the Secretary shall refund only that portion of the deposit remaining after payment of expenses incurred on a pro rata basis.
(d) Fees collected pursuant to this chapter shall be deposited in a bank or banks or other depository approved by the Secretary of Finance of the State and shall be disbursed by such officers and employees as may be approved by the Advisory Board for the necessary expenses incurred in the administration of this chapter. Fees collected shall be used exclusively for the purpose collected and not for legislative or political activities.
62 Del. Laws, c. 176, §  1;  84 Del. Laws, c. 42, § 7;
2023 Delaware Code › Title 3 - Agriculture › Chapter 7. AGRICULTURAL COMMODITIES DEVELOPMENT ACT › § 710. Compensation of Board.

§ 710. Compensation of Board.
Each member of the Advisory Board, except the Secretary, shall be entitled to a reasonable per diem to be fixed in the development order and actual expenses incurred while attending Board meetings, but only actual expenses incurred while engaged in official business of the Advisory Board.
62 Del. Laws, c. 176, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 7. AGRICULTURAL COMMODITIES DEVELOPMENT ACT › § 712. Records of Advisory Board.

§ 712. Records of Advisory Board.
All of the records of the Advisory Board shall be public records and shall be available for inspection for any lawful purpose; provided, however, that the Advisory Board shall be empowered to make reasonable rules and regulations concerning the time or place of such inspection, as provided in the Freedom of Information Act, Chapter 100 of Title 29.
62 Del. Laws, c. 176, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 7. AGRICULTURAL COMMODITIES DEVELOPMENT ACT › § 713. Refund of fees.

§ 713. Refund of fees.
Any producer, by the use of forms to be provided by the Secretary and upon presentation of such proof as the Secretary and Advisory Board may require by rule or regulation, may have the fee paid pursuant to this chapter refunded to him or her. Such request for refund must be received in the office of the Secretary or the Advisory Board within 60 days following the payment of such fee, but in no event shall these requests for refund be accepted more often than 12 times per year and must be made at least once each year. Refund shall be made by the Secretary or Advisory Board within 30 days of the request for refund provided that the fee sought to be refunded has been received. Rules and regulations governing the refund of fees for the commodity involved shall be formulated by the Board together with the Secretary and shall be fully outlined at the hearing, or hearings, and be available for the information of all persons concerned with the referendum.
62 Del. Laws, c. 176, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 7. AGRICULTURAL COMMODITIES DEVELOPMENT ACT › § 714. Termination of order.

§ 714. Termination of order.
(a) The Advisory Board shall suspend or terminate a development order whenever it finds, after a public hearing or hearings, that an order is contrary to or does not tend to effectuate the purposes or provisions of this chapter, provided that such suspension or termination shall not become effective until the expiration of the current marketing year. The current marketing year described under this chapter shall be determined by the Board together with the Secretary.
(b) Upon petition of the same number of producers as required to initiate the development order, the Secretary with the advice and consent of the Advisory Board shall within 60 days conduct a referendum to determine whether or not the development order shall be continued. The Secretary shall terminate the order at the end of the current marketing year if a majority of the persons voting in the referendum vote in favor of termination. Such petitions of producers shall include a certification statement that the signatures are those of qualified producers of the commodity involved.
62 Del. Laws, c. 176, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 7. AGRICULTURAL COMMODITIES DEVELOPMENT ACT › § 715. Expenditure of funds upon termination of order.

§ 715. Expenditure of funds upon termination of order.
Any funds remaining with the Advisory Board after the termination of a development order shall be expended to meet existing legal obligations of the Board. Any surplus remaining shall be expended for research purposes or other lawful purposes under this chapter at the discretion of the Board.
62 Del. Laws, c. 176, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 7. AGRICULTURAL COMMODITIES DEVELOPMENT ACT › § 716. Association not illegal.

§ 716. Association not illegal.
No activity, including meetings, undertaken in pursuance of the sections of this chapter that are intended to benefit the procedures, handlers and processors of such agricultural commodity shall be deemed or considered illegal or in restraint of trade.
62 Del. Laws, c. 176, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 7. AGRICULTURAL COMMODITIES DEVELOPMENT ACT › § 717. Penalty.

§ 717. Penalty.
Any person who violates any provision of this chapter or rule or regulation of an Agricultural Commodity Advisory Board promulgated pursuant to the sections of this chapter is guilty of a class C misdemeanor. Justices of the peace shall have jurisdiction over all offenses under this chapter.
62 Del. Laws, c. 176, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter I. Establishment of Foundation, Advisory Boards and Fund › § 901. Purpose, policy and intent.

§ 901. Purpose, policy and intent.
It is the declared policy of the State to conserve, protect and encourage improvement of agricultural lands within the State for the production of food and other agricultural products. It is also the declared policy of the State to encourage, promote and protect farming as a valued occupation. Preservation of the State's farmlands and forestlands is considered essential to maintaining agriculture as a viable industry and important contributor to Delaware's economy. It is a finding of the General Assembly that valuable and irreplaceable farmlands and forestlands are being lost due to nonagricultural development pressures and that, to insure the long-term utilization of the State's most viable agricultural lands, it is necessary to adopt and implement an effective program and infrastructure for permanent agricultural land preservation. To the maximum extent possible, State agency action, particularly action involving the exercise of powers of eminent domain, which has an adverse impact on viable agricultural lands, should be avoided or minimized. It is further recognized that a need exists to create sufficient economic incentives and benefits to encourage agricultural landowners to voluntarily place viable agricultural lands under protective restrictions through the creation of and participation in agricultural preservation districts and the sale of development rights. It is the purpose and intent of the General Assembly to provide for the creation of permanent agricultural areas comprised of viable farmlands and forestlands to serve the long-term needs of the agricultural community and the citizens of the State. It shall be a priority to create agricultural preservation districts and purchase development rights in those areas located near and adjacent to designated growth zones.
68 Del. Laws, c. 118, §  2;  71 Del. Laws, c. 378, §  93;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter I. Establishment of Foundation, Advisory Boards and Fund › § 902. Definitions.

§ 902. Definitions.
The following terms shall have the meanings ascribed to them in this chapter:
(1) “Advisory Board” or “Advisory Boards” means the Farmland Preservation Advisory Boards established and appointed by the respective legislative bodies of each county.
(2) “Agricultural lands” means farmlands and forestlands.
(3) “Agricultural use” means all forms of farming, including agriculture, horticulture, aquaculture, silviculture and activities devoted to the production for sale of food and other products useful to humans which are grown, raised or harvested on lands and waters.
(4) “Agricultural value” means the value of the land when subject to the District restrictions set forth in § 909 of this title and the requirements imposed under § 914(a)(2) of this title.
(5) “County” means New Castle County, Kent County and Sussex County as referenced.
(6) “Forestlands” means a contiguous area of trees or forest cover at least 10 acres in size which is capable of being timbered and reforested as determined by the State Forester.
(7) “Forestland preservation agreement” means an agreement executed by an owner or owners creating a forestland preservation area and binding forestlands to forestland preservation area restrictions for a period of 10 years and any extended period.
(8) “Forestland preservation easement” means the perpetual easement acquired by the Foundation on forestlands.
(9) “Foundation” means the Delaware Agricultural Lands Preservation Foundation.
(10) “Fund” means the Delaware Farmland Preservation Fund.
(11) “Growth zone” means the areas designated by the Foundation recognizing planned future development.
(12) “LESA” means the Land Evaluation and Site Assessment system adopted by the Department of Agriculture to determine the quality of farmland and forestland and the long-term agricultural viability of such lands.
(13) “Owner” or “owners” means the person or persons holding fee simple title to farmlands and/or forestlands.
(14) “Person” or “persons” means any individual or individuals, partnership, joint venture, corporation, association, trust, institution, cooperative enterprise or duly established legal entity capable of holding title to real property in the State.
(15) “Preservation easement” means perpetual agricultural land preservation easements acquired by the Foundation.
(16) “Professional forester” means an individual who possesses at least a bachelor's degree in forestry or a closely related field.
(17) “Unimproved land” means the open space, the area of land under structures used for agricultural purposes and the land under lakes, dams, ponds, streams and irrigation ditches, but shall not include the land used for dwelling housing.
(18) “Usable” means available and capable of being used for agricultural, horticultural, aquacultural and forestry production activities.
68 Del. Laws, c. 118, §  2;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 378, §  94;  75 Del. Laws, c. 201, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter I. Establishment of Foundation, Advisory Boards and Fund › § 905. Delaware Farmland Preservation Fund.

§ 905. Delaware Farmland Preservation Fund.
(a) The Delaware Farmland Preservation Fund is created and shall be maintained, administered, operated and supervised by the Foundation to implement the provisions of this chapter.
(b) All moneys received by the Foundation or designated for deposit into the Fund shall be placed in such accounts established by and for the use of the Foundation. To the extent moneys in the Fund are not needed on a current basis, the Foundation shall be entitled to invest such moneys on a long-term or short-term basis; provided, however, that the policies governing any such investment of moneys by the Foundation shall be subject to the approval of the Cash Management Policy Board.
(c) All banks, bankers, trust companies, savings banks and other persons carrying on a banking business under the laws of the State are authorized to do business with the Foundation and to give security for the safekeeping and prompt payment of moneys of the Foundation deposited by it with them. The Foundation shall be entitled to establish such accounts as deemed appropriate for the conduct of its business.
68 Del. Laws, c. 118, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter I. Establishment of Foundation, Advisory Boards and Fund › § 906. Farmland Preservation Advisory Boards.

§ 906. Farmland Preservation Advisory Boards.
(a) Each county legislative body shall establish a Farmland Preservation Advisory Board which shall consist of 4 active farmers or agribusinessmen residing within the county and 1 member of the county legislative body, who shall serve as the Chairperson of the Board. The members of such Board shall be appointed by the county legislative body. The members shall serve without salary, but the county legislative body may entitle each such member to reimbursement of such member's actual and necessary expenses incurred in the performance of official duties. A quorum of the Board for conducting business shall be 3 members and a majority vote of the quorum shall be necessary to take action on matters before the Board.
(b) The Chairperson of the Board shall serve for an indefinite term and the 4 other members shall serve for terms of 4 years each; provided further, that Board members registered in either major political party shall not exceed the other major political party by more than 1. Any member of the Board may be reappointed for a succeeding term without limitations as to the number of terms served.
(c) The Board shall advise the Foundation in relation to any regulations proposed for adoption by the Foundation. The Foundation shall provide a draft of proposed regulations to the Board at least 60 days in advance of the time that proposed regulations are released for public notice in order to allow for comment of the Board and possible amendment. The Board may request the Foundation to review any adopted regulation which the Board identifies as having an adverse effect on the furtherance of the purpose and intent of this chapter. Upon receipt of any such request, the Foundation shall submit in writing to the Board a response indicating the Foundation's position on the matter and the action, if any, which is contemplated in response to the request.
(d) Whenever an application for establishment of an Agricultural Preservation District is received by the Foundation and the Foundation determines that the eligibility criteria have been satisfied, the Foundation shall submit the application to the Board for the county in which the proposed District is located for a recommendation. The Board shall act on an application by recommending in favor or against approval within 60 days of receipt of the application, and the Board may include reasons for its decisions. In the event that the Board fails to make its recommendation within the specified 60-day period, or if the Board is not duly established or constituted, the decision required of the Board under the Agricultural Preservation District application process as specified hereunder shall be deemed an approval.
68 Del. Laws, c. 118, §  2;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 8;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter II. Agricultural Preservation Districts › § 908. Criteria for eligibility and review.

§ 908. Criteria for eligibility and review.
(a) In order to be considered eligible for inclusion in an Agricultural Preservation District, an application which qualifies under the requirements of § 907(a) or (d) of this title shall satisfy the following criteria:
(1) The owner or owners seeking inclusion of real property in the District shall hold fee simple title to such property;
(2) The real property proposed for inclusion in the District shall have an agricultural zoning designation and shall not be subject to any major subdivision plan;
(3) The real property shall consist of viable and productive farmlands and/or forestlands which meet the minimum LESA scoring requirements for eligibility established by the Foundation through adopted regulations;
(4) The owner or owners of the real property proposed for inclusion in the District execute a declaration in recordable form committing to the District restrictions set forth in § 909 of this title; and
(5) The real property proposed for inclusion in the District shall include all of the eligible real property located in the tax parcel or tax parcels subject to application, and no eligible real property shall be carved out or otherwise excluded from the application for establishment of an Agricultural Preservation District or the application to sell a preservation easement pursuant to subchapter III of this chapter.
(b) In reviewing applications for establishment of an Agricultural Preservation District the Foundation, the Board and the Planning and Zoning Commission shall consider the following factors:
(1) The viability and productivity of the farmlands and/or forestlands based on the LESA scoring system;
(2) The extent to which the farmlands and/or forestlands are being actively utilized for agricultural purposes;
(3) The extent to which the long-term preservation of the farmlands and/or forestlands would be consistent with land use plans adopted after public hearing at state and county levels;
(4) The potential for expansion of the District if established and compatibility with surrounding land uses;
(5) The ancillary benefit of creating additional open space adjacent to existing established and protected open space;
(6) The potential for acquisition of agricultural preservation easements under rating or ranking systems that may be adopted through regulations of the Foundation;
(7) The socio-economic benefits derived from an agricultural and historic perspective as a result of inclusion of the farmlands and/or forestlands in an Agricultural Preservation District; and
(8) Consistency with the statewide agricultural lands preservation strategy adopted pursuant to § 904(a)(3) of this title.
68 Del. Laws, c. 118, §  2;  71 Del. Laws, c. 257, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter II. Agricultural Preservation Districts › § 910. Agricultural use protections.

§ 910. Agricultural use protections.
(a) Normal agricultural uses and activities conducted in a lawful manner are preferred and priority uses and activities in Agricultural Preservation Districts. In order to establish and maintain a preference and priority for such normal agricultural uses and activities and avert and negate complaints arising from normal noise, dust, manure and other odors, the use of agricultural chemicals and nighttime farm operations, land use adjacent to Agricultural Preservation Districts shall be subject to the following restrictions:
(1) For any new subdivision development located in whole or in part within 300 feet of the boundary of an Agricultural Preservation District, the owner of the development shall provide in the deed restrictions and any leases or agreements of sale for any residential lot or dwelling unit the following notice:
“AGRICULTURAL PRESERVATION DISTRICT
This property is located in the vicinity of an established Agricultural Preservation District in which normal agricultural uses and activities have been afforded the highest priority use status. It can be anticipated that such agricultural uses and activities may now or in the future involve noise, dust, manure and other odors, the use of agricultural chemicals and nighttime farm operations. The use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or inconvenience which may result from such normal agricultural uses and activities.”
(2) For any new subdivision development located in whole or in part within 50 feet of the boundary of an Agricultural Preservation District, no improvement requiring an occupancy approval shall be constructed within 50 feet of the boundary of the Agricultural Preservation District.
(b) Normal agricultural uses and activities conducted in accordance with good husbandry and best management practices in Agricultural Preservation Districts shall be deemed protected actions and not subject to any claim or complaint of nuisance, including any such claims under any existing or future county or municipal code or ordinance. In the event a formal complaint alleging nuisance related to normal agricultural uses and activities is filed against an owner of lands located in an Agricultural Preservation District, such owner, upon prevailing in any such action, shall be entitled to recover reasonably incurred costs and expenses related to the defense of any such action, including reasonable attorney's fees.
68 Del. Laws, c. 118, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter II. Agricultural Preservation Districts › § 911. District benefits.

§ 911. District benefits.
(a) Owners of real property located in an Agricultural Preservation District shall, with respect to such real property, be entitled to the following benefits:
All unimproved land shall be exempt from:
(1) Taxation otherwise imposed under Chapter 83 of Title 9 and Chapter 19 of Title 14; provided, however, that the amount of tax relief shall nonetheless be determined for the unimproved lands under established valuation and assessment procedures and taxation related to tax ditches under Chapter 41 of Title 7 shall in no way be affected;
(2) Taxation otherwise imposed under Chapter 54 of Title 30, and any county or municipal ordinance requiring payment of a realty transfer tax; provided, however, that the amount of tax relief shall nonetheless be determined and such tax relief shall be subject to recovery and placed in the Fund if within 5 years after the unimproved lands are released from a District pursuant to § 909(b) of this title, such unimproved lands are rezoned or subject to subdivision; and
(3) Any ad valorem tax imposed by the State, a county, a municipality and any quasi-governmental body.
(b) The Department of Natural Resources, Department of Finance, and the Board of Assessment and Recorder of Deeds for the respective counties shall coordinate, assist and cooperate with the Foundation to fully effectuate the applicable provisions of this chapter.
(c) [Deleted.]
68 Del. Laws, c. 118, §  2;  70 Del. Laws, c. 51, §  1;  71 Del. Laws, c. 353, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter III. Acquisition of Preservation Easements › § 913. Acquisition of agricultural lands preservation easements.

§ 913. Acquisition of agricultural lands preservation easements.
(a) The Foundation, subject to the availability of funds and compliance with the requirements of this subchapter, shall be entitled to acquire, maintain and enforce agricultural lands preservation easements for lands which are located in Agricultural Preservation Districts. The purchase of preservation easements by the Foundation is purely a discretionary function and the Foundation shall be under no obligation to purchase a preservation easement from any applicant. The Foundation may utilize such method or methods of payment for preservation easements as may be available. Upon acquisition of a preservation easement the lands subject to such easement shall form a permanent Agricultural Preservation District. The acquisition of a preservation easement by the Foundation shall not grant the public any right of access or right of use of the real property subject to the easement.
(b) The Foundation shall be authorized to enter into installment purchase agreements and to execute all documents necessary or desirable thereto to qualify such agreements for exemption from federal or state taxation to the extent permitted by the tax laws. Pursuant to the installment purchase agreements, the Foundation shall acquire preservation easements, establish special accounts for each agreement from which principal and interest payments shall be made and deposit into such special accounts amounts necessary to fund the agreements. The special accounts may be administered by a bank, escrow agent or other qualified paying agent approved by the Foundation and the deposited funds may only be invested in a manner approved by the Secretary of Finance. The amounts to be paid under an agreement shall not exceed the amounts available from the special account related thereto, including earnings thereon. The Foundation may, under the terms of the agreement, impose on the seller through direct charge or installment payment reduction the costs associated with the agreement and the special account. The Foundation is authorized to use all funds appropriated to it to acquire preservation easements through installment purchase agreements.
68 Del. Laws, c. 118, §  2;  70 Del. Laws, c. 570, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter III. Acquisition of Preservation Easements › § 914. Criteria for eligibility and evaluation.

§ 914. Criteria for eligibility and evaluation.
(a) In order for the Foundation to acquire an agricultural lands preservation easement it shall be required that:
(1) The grantor of the preservation easement has fee simple title to the real property and conveys the easement free and clear of all liens and encumbrances; and
(2) The preservation easement is granted in perpetuity in a form acceptable to the Foundation and includes the restrictions set forth in § 909 of this title and such other terms and conditions as specified by the Foundation.
(b) In reviewing applications for the conveyance of agricultural lands preservation easements the Foundation shall consider:
(1) The criteria set forth in § 908(b) of this title; and
(2) The relative agricultural value of the lands and potential for conversion to nonagricultural use; and
(3) The relative cost of acquiring the easement giving due consideration to the extent to which an applicant is willing to discount the sale price below the Foundation's appraised easement value.
(c) The Foundation may adopt, after public hearing, a system for scoring, ranking and prioritizing consideration of applications submitted for the conveyance of agricultural lands preservation easements. Under any system adopted for consideration of applications submitted for the conveyance of agricultural lands preservation easements, the Foundation shall establish by regulation after public hearing means of creating a priority for acquisition of agricultural lands preservation easements in designated areas which are near or adjacent to growth zones, or border in part the growth zones.
68 Del. Laws, c. 118, §  2;  71 Del. Laws, c. 378, §  97;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter III. Acquisition of Preservation Easements › § 915. Procedure for acquisition easements.

§ 915. Procedure for acquisition easements.
The Foundation shall adopt, after public hearing, a uniform procedure for acquiring agricultural lands preservation easements. The procedure adopted by the Foundation may incorporate bidding and/or negotiation as part of the procurement process. The Foundation shall be entitled to establish separate methods or incentives to facilitate the acquisition of agricultural lands preservation easements in designated areas which are near or adjacent to growth zones, or border in part the growth zones.
68 Del. Laws, c. 118, §  2;  71 Del. Laws, c. 378, §  96;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter III. Acquisition of Preservation Easements › § 916. Valuation of easements.

§ 916. Valuation of easements.
(a) The maximum value of any preservation easement to be purchased shall be the difference between the fair market value of the land under its agricultural zoning designation and the agricultural value of the land. The fair market value of the land is the price as of the valuation date for the highest and best use of the property which a vendor, willing but not obligated to sell, would accept for the property, and which a purchaser, willing but not obligated to buy, would pay for the property if the property was not subject to any restriction imposed under this chapter. The agricultural value of land is the price as of the valuation date which a vendor, willing but not obligated to buy, would pay for the property as a farm unit, to be used for agricultural purposes. The value of the preservation easement shall be determined as of the date the application for conveyance of the preservation easement is received by the Foundation. The value shall be determined by the Foundation based on appraisal by an appraiser selected by the Foundation, which appraisal shall be provided to the owner. The owner shall be entitled to have an appraisal performed by a qualified appraiser and submit such appraisal to the Foundation for consideration. The value of the easement shall be determined by an appraisal on the entire contiguous acreage, less 1 acre per each dwelling structure; provided, however, the entire contiguous acreage, including the 1 acre per dwelling structure, is considered subject to the preservation easement restrictions.
(b) If the owner and Foundation do not agree on the value of the easement, as determined by appraisal, the owner shall be entitled to withdraw the application for conveyance without prejudice to any submission of an application in the future.
68 Del. Laws, c. 118, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter III. Acquisition of Preservation Easements › § 917. Termination of easement.

§ 917. Termination of easement.
(a) Legislative intent. — It is the intent of the General Assembly that the preservation easements purchased under this subchapter be held by the Foundation for as long as profitable farming is feasible on the land subject to the easement but at a minimum for the period specified hereinafter. A preservation easement may be terminated only in the manner and at the time specified in this section.
(b) Request for review. — At any time after 25 years from the date of acquisition of a preservation easement, the owner may request that the easement be reviewed for possible termination of the easement.
(c) Inquiry and decision. — Upon a request for review of an easement for termination, an inquiry shall be conducted by the Foundation to determine the feasibility of profitable farming on the subject land. The inquiry shall be concluded and a decision reached by the Foundation within 180 days after the request for termination, and shall include:
(1) On-site inspection of the subject land; and
(2) A public hearing conducted by the Foundation within the county containing the subject land after adequate public notice; and
(3) A review of the subject land under the LESA scoring system; and
(4) Approval of termination by the Board of Trustees of the Foundation.
(d) Repurchase by owner. — If the request for termination is approved, an appraisal of the subject land shall be ordered by the Foundation at the expense of the owner requesting termination of the easement. Within a period of 180 days following the appraisal, the owner may repurchase the easement by paying to the Foundation the difference between the fair market value and the agricultural value of the subject land, as determined by the appraisal, but in no event shall the repurchase price be less than the amount paid by the Foundation for acquisition of the preservation easement. In addition, the owner shall also pay to the Fund an amount equal to any tax benefit realized under § 918 of this title. For purposes of this subsection, the term agricultural value shall also mean the price as of the valuation date which a buyer, willing but not obligated to buy, would pay for a farm unit with land comparable in quality and composition to the property being appraised, but located in the nearest location where profitable farming is feasible. For purposes of this paragraph, the term fair market value shall mean the price as of the valuation date which a buyer, willing but not obligated to buy, would pay for the land at its best and most beneficial use under any obtainable development zoning category.
(e) Subsequent request for termination after denial or failure to repurchase. — If the request for termination is denied, or if the owner fails to repurchase the easement within 180 days of the appraisal, the owner may not again request termination of the easement until 5 years after the owner's last such request.
68 Del. Laws, c. 118, §  2;  84 Del. Laws, c. 42, § 9;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter III. Acquisition of Preservation Easements › § 918. Benefits of easement conveyance.

§ 918. Benefits of easement conveyance.
In addition to the district benefits set forth in § 911 hereof of this title, the owner of real property subject to a preservation easement shall be entitled to exemption from taxation for the transfer of any interest in such real property by death otherwise subject to the estate tax under Chapter 15 of Title 30. The Department of Finance shall be entitled to adopt requirements to effectuate the exemption from taxation as provided hereunder.
77 Del. Laws, c. 85, §  8;  79 Del. Laws, c. 11, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter IV. Miscellaneous Provisions › § 919. Right of rejection.

§ 919. Right of rejection.
(a) Notwithstanding any provision contained herein to the contrary, the Secretary of the Department of Agriculture shall be entitled, within 30 days of the date of decision of the Foundation, to reject the establishment or expansion of any Agricultural Preservation District or the acquisition of a preservation easement, and the decisions of the Foundation on such matters shall be subject to right of rejection exercisable by the Secretary of the Department of Agriculture. If the right of rejection as provided herein is exercised, the Secretary of the Department of Agriculture shall notify the Foundation in writing of such decision and the reasons for it. The Secretary of the Department of Agriculture may waive the right to reject by providing notification to such effect to the Foundation. Failure to act on the part of the Secretary of the Department of Agriculture within the specified 30-day period shall constitute an affirmation of the decision of the Foundation.
(b) In the event of rejection of an application by the Secretary of the Department of Agriculture for establishment or expansion of any Agricultural Preservation District or the acquisition of a preservation easement, such application shall be considered denied and not subject to reconsideration for a period of at least 1 year.
(c) Notwithstanding any provision contained herein to the contrary, the Secretary of the Department of Agriculture shall be entitled, within 30 days of the date of adoption of criteria for establishment and maintenance of Agricultural Preservation Districts pursuant to § 904(a)(1) of this title, to reject in whole or in part such criteria as adopted by the Foundation. If the right of rejection as provided herein is exercised, the Secretary of the Department shall notify the Foundation in writing of such decision and the reasons for it. The Secretary of the Department of Agriculture may waive the right to reject by providing notification to such effect to the Foundation. Failure to act within the specified 30-day period shall constitute an affirmation of the decision of the Foundation. In response to the exercise of the right of rejection the Foundation shall be entitled to adopt alternative criteria, which action shall also be subject to the right of rejection provided herein.
68 Del. Laws, c. 118, §  2;