2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter V. Pine and Yellow-Poplar Tree Conservation and Reforestation › § 1055. Reforestation method; notice required upon transfer.

§ 1055. Reforestation method; notice required upon transfer.
(a) The land involved in a cutting operation may be reforested pursuant to an approved reforestation plan in lieu of the natural regeneration method. The plan shall be prepared by the landowner or the landowner's agent and shall be designed to assure the reproduction and maintenance of growth of young, vigorous pine or yellow-poplar trees.
(b) The reforestation plan shall be accompanied by a statement of the landowner, on a form furnished by the Department of Agriculture Forest Service, that the landowner will not perform any act or permit any act to be performed which prevents reforestation. This provision does not apply if the landowner places the land in any of the uses enumerated in § 1053(b) of this title.
(c) Ten working days prior to the initiation of the cutting operation, the landowner or the landowner's agent or operator shall notify the State Forester of the intention to reforest and shall submit a reforestation plan.
(d) The landowner or the landowner's agent or operator shall submit the reforestation plan to the State Forester at the Department of Agriculture Forest Service for approval.
(1) The Department of Agriculture Forest Service shall approve, approve with modifications, or reject any reforestation plan submitted within 10 working days.
(2) The determination of the Department of Agriculture Forest Service shall be in writing, setting forth the reasons for approval with modifications or rejection, and shall be forwarded to the operator or landowner.
(3) In cases where a reforestation plan has been rejected by the State Forester, the landowner or the landowner's agent or operator shall be required to submit another reforestation plan for approval. Under no circumstances shall a cutting operation begin prior to approval of a reforestation plan by the DDA Forest Service.
(e) Prior to the sale or other transfer of rights of land or perpetual timber rights subject to a reforestation obligation, the transferor of land shall notify the transferee of the existence and nature of the obligation and the transferee shall sign a notice of reforestation obligation indicating the transferee's knowledge thereof.
(1) The notice shall be on a form furnished by the Department of Agriculture Forest Service and shall be sent to the Department of Agriculture by the transferor at the time of sale or transfer of rights of land or perpetual timber rights.
(2) If the transferor fails to notify the transferee about the reforestation obligation, the transferor shall pay the transferee's costs related to reforestation, including all legal costs and reasonable attorneys' fees incurred by the transferee in enforcing the reforestation obligation against the transferor.
(3) Failure by the transferor to send the required notice to the Department of Agriculture at the time of the sale shall be prima facie evidence in any action by the transferee against the transferor for costs related to reforestation that the transferor did not notify the buyer of the reforestation obligation prior to sale.
72 Del. Laws, c. 235, §  2;  70 Del. Laws, c. 186, §  1;