reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter IV. Miscellaneous Provisions › § 920. Enforcement of restrictions.

§ 920. Enforcement of restrictions.
(a) The Foundation shall be entitled to take action in any court of competent jurisdiction to enforce any restrictions or requirements imposed under this chapter, duly adopted regulations and binding legal instruments. In any such action the Foundation shall, if it prevails, be entitled to recover its reasonable costs and expenses, including reasonable attorney's fees.
The Foundation shall also be entitled to recover in any such action all tax benefits conferred under § 911 of this title, plus one and one-half percent per month of tax benefit amounts computed on a compound basis from the date the tax benefit was first realized to the date of judgment.
(b) Any person who violates a District restriction, requirement imposed in a preservation easement or the provisions of § 910(a) of this title, shall, after notification and failure to correct the violation, be subject to a civil penalty of not less than $50 but not more than $200 for each completed violation. If the violation continues for a number of days, each day of such violation shall be considered a separate violation. Unless joined to an action under subsection (a) of this section, a civil penalty claim hereunder shall be filed in any Court of Common Pleas. Any civil penalties recovered shall be paid to the Fund.
(c) The Foundation shall be entitled to take action, including an action by monition, in any court of competent jurisdiction to enforce liens and to collect the Foundation's share of roll-back taxes, including penalties, which are due under the provisions of § 921(c) of this title. In any such action the Foundation shall be entitled to proceed through its legal counsel, without the need of obtaining any prior approval, and the Foundation shall, if it prevails, be entitled to recover its reasonable costs and expenses, including reasonable attorney's fees. Nothing contained herein shall preclude a county or school district from pursuing legal action to collect, on behalf of the Foundation, the Foundation's share of the roll-back tax through either independent action or as part of another action. Upon collection of the Foundation's share of the roll-back tax through such legal action the amount collected, after deduction of the seven and a half percent administration charge, shall be forwarded to the Foundation.
68 Del. Laws, c. 118, §  2;  68 Del. Laws, c. 371, §  6;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter IV. Miscellaneous Provisions › § 922. Condemnation of Preservation District lands.

§ 922. Condemnation of Preservation District lands.
Nothing contained in this chapter shall prohibit the exercise of powers of eminent domain or condemnation with respect to lands located in an Agricultural Preservation District; provided, however, that the compensation paid for such lands by the condemning authority shall be based on the highest and best development use of the property with no consideration given to the restrictions and limitations imposed under this chapter; and provided further, that the condemning authority shall also include in its taking such additional lands rendered unusable or unprofitable for intended agricultural uses. Payment of compensation shall be made to the owner or, in the event the property is subject to a preservation easement, to the owner and the Foundation in accordance with their respective interests.
68 Del. Laws, c. 118, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter IV. Miscellaneous Provisions › § 923. Interim Foundation staffing.

§ 923. Interim Foundation staffing.
(a) Until such time that funding is available to support a permanent Foundation staff, the staff support necessary for Foundation activities provided under this chapter shall be provided by the Agricultural Lands Preservation Section of the Department of Agriculture. Such Section shall, within 9 months of July 8, 1991, prepare in coordination with the Department of Natural Resources and Environmental Control and the Planning and Zoning Commissions of the respective counties, for review and consideration of the Foundation, the following:
(1) Proposed additional criteria for establishment and maintenance of Agricultural Preservation Districts;
(2) A proposed selection system for scoring, ranking and prioritizing applications for conveyance of preservation easements;
(3) A draft statewide agricultural lands preservation strategy; and
(4) Proposed procedural rules and regulations for conduct of the internal affairs of the Foundation, including the development of draft application forms and procedures for conducting business.
(b) The Department of Agriculture shall provide to the Foundation the administrative support necessary for the organization of the Foundation, including accommodations for meetings until such time that an office is opened by the Foundation.
(c) The Foundation shall, from its sources of funding, reimburse the Department of Agriculture for any out-of-pocket costs expended by the Department of Agriculture on behalf of the Foundation which are related to efforts undertaken by the Department of Agriculture under this section.
68 Del. Laws, c. 118, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter IV. Miscellaneous Provisions › § 924. Governmental cooperation.

§ 924. Governmental cooperation.
All municipalities, political subdivisions and every department, agency or public body of the State is hereby authorized and empowered to cooperate with, aid and assist the Foundation in effectuating this chapter and any amendment hereof or supplement hereto.
68 Del. Laws, c. 118, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter IV. Miscellaneous Provisions › § 925. Recording.

§ 925. Recording.
The Foundation shall submit executed documents for recording in order to fully implement and enforce the provisions of this chapter. The offices of the Recorder of Deeds for the respective counties shall receive and appropriately index any such documents submitted by the Foundation. No recording cost, fee or charge of any nature shall be imposed for the recording of any documents or other materials submitted by the Foundation for purposes of implementing the provisions of this chapter.
68 Del. Laws, c. 118, §  2;  70 Del. Laws, c. 51, §  3;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter IV. Miscellaneous Provisions › § 926. Tax status.

§ 926. Tax status.
The duties and functions exercised by the Foundation under this chapter, and any amendments hereof or supplements hereto, are and will be in all respects for the benefit of the people of the State and for the protection of their health and welfare. To this end, the Foundation shall be regarded as performing essential governmental functions in exercising such duties and functions and in carrying out this chapter and any law relating thereto, and shall not be required to pay any taxes or assessments of any character, levied either by the State or a political subdivision thereof, upon any of the property used by it for such purposes, or any income or revenue therefrom, including any profit from a sale or exchange. The acquisition and transfer of preservation easements hereunder shall be exempt from all realty transfer tax imposed under Chapter 54 of Title 30 and any county or municipal ordinance requiring payment of a realty transfer tax.
68 Del. Laws, c. 118, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter IV. Miscellaneous Provisions › § 927. Judicial review.

§ 927. Judicial review.
Judicial proceedings to review any rule, regulations or other action of the Foundation or to determine the meaning or effect thereof may be brought in the Superior Court of this State, provided such review is requested within 30 days from the date of the promulgation of the rule or regulation or other action of the Foundation.
68 Del. Laws, c. 118, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter IV. Miscellaneous Provisions › § 928. Public hearings.

§ 928. Public hearings.
For any public hearing conducted under the provisions of this chapter, the Foundation shall provide at least 20 days advance notice published in a daily newspaper of general circulation throughout the State. For a public hearing on a regulation or plan proposed for adoption the notification shall include a brief description of the regulation or plan, the time and place of the hearing, and time and place where copies of the proposed regulation or plan may be obtained or reviewed. A record from which a verbatim transcript can be prepared shall be made of all public hearings and shall, along with the exhibits and other documents introduced, constitute the record.
68 Del. Laws, c. 118, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter IV. Miscellaneous Provisions › § 929. Construction of chapter.

§ 929. Construction of chapter.
This chapter and the regulations promulgated thereunder shall be construed liberally to effectuate the legislative intent and as complete authority for the performance of each and every act and thing herein authorized.
68 Del. Laws, c. 118, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter IV. Miscellaneous Provisions › § 930. Rules and regulations; investigations; review by Attorney General.

§ 930. Rules and regulations; investigations; review by Attorney General.
(a) The Secretary of the Department of Agriculture may establish and promulgate such rules and regulations as he or she deems necessary to enforce the state policy established under this chapter.
(b) Whenever the Secretary of the Department of Agriculture has reason to believe that a public agency's action will have an adverse impact on agriculture without an ample finding of public need or is harmful to the maintenance and preservation of agricultural activities, the Secretary may conduct a hearing to investigate the actions and make recommendations consistent with this chapter to the public agency.
(c) Whenever the public agency disagrees with the Secretary's recommendations, the Secretary may request the Attorney General to review the record of the hearing on the matter and determine whether a Chancery Court action for injunctive relief consistent with this chapter is warranted.
64 Del. Laws, c. 465, §  1;  68 Del. Laws, c. 118, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter V. Forestland Preservation › § 931. Purpose, policy and intent.

§ 931. Purpose, policy and intent.
It is the declared policy of the State to conserve, protect and encourage the proper utilization of the State's forestland resources. The forestlands of the State are a renewable resource which provide economic, environmental and social benefits. There is a need to provide sufficient economic benefit to the owners of forestlands to voluntarily subject forestlands to protective restrictions through the sale of forestland preservation easements. The establishment of permanent forested areas throughout the State will serve the long term needs of the forest industry while providing invaluable wildlife and habitat protections and open space benefits to the citizens of the State.
75 Del. Laws, c. 201, §  6;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter V. Forestland Preservation › § 932. Establishment of forestland preservation areas.

§ 932. Establishment of forestland preservation areas.
(a) Any owner or owners of contiguous forestland containing at least 10 acres of such lands located in the State and outside of a designated growth zone may submit on a voluntary basis, on such forms as the Foundation prescribes, an application for establishment of a forestland preservation area. Upon receipt of a completed application, the Foundation and the State Forester shall review the application to determine if it satisfies the criteria for eligibility established under § 933 of this title, and any rules of practice and procedure for acquiring forestland preservation easements adopted and related thereto. The Foundation shall notify the applicant of the findings, and may provide assistance to potential applicants regarding completion of necessary application forms.
(b) The Foundation shall consider approval of application at noticed regularly scheduled meetings. Upon Foundation approval of a forestland preservation area, and after the landowner or owners execute a forestland preservation agreement in a recordable form as provided by the Foundation, the Foundation shall provide appropriate notice and a description of the established forestland preservation area to the planning and zoning commission and board of assessment for the county in which the forestland preservation area is located. Upon receipt of such information from the Foundation, the planning and zoning commission and board of assessment shall provide appropriate reference in their real property records and notations on maps which are utilized and maintained that the subject real property is designated as a forestland preservation area.
75 Del. Laws, c. 201, §  6;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter V. Forestland Preservation › § 935. Forestland use protections and benefits.

§ 935. Forestland use protections and benefits.
(a) Owners of real property located in a forestland preservation area shall be entitled to the same protections provided to the owners of real property in Agricultural Preservation Districts under the provisions of § 910 of this title, and the term “Agricultural Preservation District(s)” as used in § 910 of this title, shall include a forestland preservation area.
(b) Owners of real property located in a forestland preservation area shall be entitled to the same benefits provided to owners of real property located in Agricultural Preservation Districts under the provisions of § 911 of this title, and the term “Agricultural Preservation District(s)”, as used in § 911 of this title, shall include a forestland preservation area.
75 Del. Laws, c. 201, §  6;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter V. Forestland Preservation › § 936. Acquisition of forestland preservation easements.

§ 936. Acquisition of forestland preservation easements.
(a) The Foundation, subject to the availability of funds, shall be entitled to acquire, maintain and enforce forestland preservation easements for lands which are located in forestland preservation areas. The purchase of forestland preservation easements by the Foundation is purely a discretionary function, and the Foundation shall be under no obligation to purchase a forestland preservation easement from any applicant. The Foundation may utilize such method or methods of payment for forestland preservation easements as may be available. Upon acquisition of a forestland preservation easement the lands subject to such easement shall form a permanent forestland preservation area. The acquisition of a forestland 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 adopt rules of practice and procedure for the acquisition of forestland preservation easements which shall include the process and timeframe for submitting applications for the sale of forestland preservation easements, the establishment of the purchase price for the easements through use of appraisal information, the manner in which offers to sell easements are accepted, and the basis upon which offers for sale of easements are accepted. The rules of practice and procedure shall incorporate, to the extent necessary, provisions for utilizing federal, county or other funding.
75 Del. Laws, c. 201, §  6;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter V. Forestland Preservation › § 937. Forestland preservation easement criteria for eligibility and evaluation.

§ 937. Forestland preservation easement criteria for eligibility and evaluation.
(a) In order for the Foundation to acquire a forestland preservation easement it shall be required that:
(1) The grantor of the forestland 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 § 934 of this title, and such other terms and conditions as specified by the Foundation.
(b) In reviewing applications for the conveyance of forestlands preservation easements the Foundation shall consider 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 easement value established by the Foundation.
(c) The Foundation shall approve and announce the purchase price of forestland preservation easements at its regularly scheduled meetings.
75 Del. Laws, c. 201, §  6;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter V. Forestland Preservation › § 938. Right of rejection.

§ 938. Right of rejection.
The Secretary of the Department of Agriculture shall, with respect to the approval of a forestland preservation area or the approval of purchase of forestland preservation easements, be entitled to reject such approvals in the manner and subject to the provisions of § 919 of this title.
75 Del. Laws, c. 201, §  6;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter V. Forestland Preservation › § 939. Enforcement of restrictions.

§ 939. Enforcement of restrictions.
The Foundation is authorized to take those actions and exercise the authority and entitlements set forth under § 920 of this title to enforce the restrictions and other provisions which apply to forestland preservation areas, forestland preservation area agreements, forestland preservation easements, and the provisions of this subchapter.
75 Del. Laws, c. 201, §  6;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter V. Forestland Preservation › § 940. Condemnations.

§ 940. Condemnations.
The provisions of § 922 of this title as they apply to land located in agricultural preservation districts shall also apply to the real property located in forestland preservation areas and real property subject to forestland preservation easements, and the terms “Agricultural Preservation District(s)”, “agricultural uses,” and “preservation easement,” as used in § 922 of this title, shall include a “forestland preservation area,” “forestry and related activities” and “forestland preservation easement” respectively.
75 Del. Laws, c. 201, §  6;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter V. Forestland Preservation › § 941. Program participation.

§ 941. Program participation.
The owners of farmlands and forestlands included in Agricultural Preservation Districts shall be entitled to apply to sell an agricultural lands preservation easement to the Foundation under the provisions of subchapter III of this chapter, and concurrently apply to sell a forestland preservation easement under the provisions of this subchapter. If the owner's offers to sell the agricultural lands preservation easement and a forestland preservation easement on the same agricultural lands are accepted by the Foundation, the owners shall be entitled to proceed with the offer to sell an agricultural lands preservation easement for the entire property, or to separately sell a forestland preservation easement under the accepted offer and sell an agricultural lands preservation easement for the balance of the property under the accepted offer, whichever is considered desirable by the owner, provided further that the separate sale of a forestland preservation easement shall not limit the residential use allowance for the entire property as utilized on the balance of the property.
75 Del. Laws, c. 201, §  6;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter VI. Farmland Purchase and Preservation Loan Program › § 942. Purpose, policy and intent.

§ 942. Purpose, policy and intent.
In furtherance of the declared policy of the State to conserve, protect and encourage use and improvement of agricultural lands and to encourage, promote and protect farming as a valued occupation it is important to provide a means of facilitating the acquisition of farmland by young farmers, while furthering the goal of permanently protecting the farmland which is acquired through the placement of permanent preservation easements on the acquired farmland property. To accomplish this objective it is desirable to establish a farmland purchase and preservation loan program in accordance with the provisions of this subchapter.
78 Del. Laws, c. 157, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter VI. Farmland Purchase and Preservation Loan Program › § 944. Loan program eligibility.

§ 944. Loan program eligibility.
(a) In order to receive loan moneys from the Foundation for the purchase and preservation of farmlands the following eligibility criteria shall apply:
(1) The loan recipient shall be at least 18 years of age and no older than 40 years of age at the time a loan application is submitted to the Foundation.
(2) The loan recipient at the time of loan application shall have at least 3 years of farming or agriculturally related activity experience.
(3) The loan recipient at the time of loan application shall have a net worth of no more than $300,000.
(4) The loan recipient shall be required to take title to the farmland in an individual name.
(5) The farmland subject to purchase shall contain at least 15 tillable acres.
(6) The loan recipient prior to the receipt of loan moneys shall not own or have an ownership interest in more than twice the tillable acres of farmland than the amount of tillable acres subject to purchases with loan moneys.
(7) The farmland shall be located in the State of Delaware.
(8) Loan applicants shall be residents of the State of Delaware.
(9) The farmland subject to purchase may be comprised of a combination of tillable acres, forestlands or wetlands; provided however, that the farmland property is zoned for agricultural usage.
(10) The farmlands being purchased shall not be subject to an existing preservation easement, conservation easement or similar limitation which restricts residential or commercial development.
(11) Loan applicants shall contractually commit that they will be actively engaged in agricultural usage of the purchased farmland during the term of the Foundation loan.
(b) The Foundation shall be entitled to adopt a loan application form requesting information from the loan applicant which includes, but is not limited to, information regarding loan eligibility.
78 Del. Laws, c. 157, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter VI. Farmland Purchase and Preservation Loan Program › § 945. Loan requirements and approval.

§ 945. Loan requirements and approval.
(a) The following requirements and conditions apply to loans provided by the Foundation:
(1) The maximum total amount of loans provided to an individual recipient shall not exceed $500,000.
(2) The maximum loan amount for any loan shall not exceed 70% of the appraised preservation easement value of the farmland property which is being purchased and subject to perpetual preservation easement.
(3) A condition of the loan is that the eligible farmland being acquired is to be subjected at closing to a permanent preservation easement in the form determined by the Foundation, such easement to have priority status and not be subject to subordination.
(4) The loans provided by the Foundation shall be secured by notes and mortgages which allow for the following conditions:
a. Notes and mortgages will be subordinated to other loans provided for the purchase, in whole or in part, of the eligible farmlands; provided however, that the perpetual preservation easement placed on the eligible farmland property at the time of settlement shall not be subordinated.
b. The notes and mortgages shall bear no interest and the payback may be structured for final payback within 30 years, with initial payments to begin after the primary commercial or other financing for the purchase of the farmland property is satisfied or released.
c. The notes and mortgages shall contain a requirement for payment in full of the balance of the loan upon the sale or transfer of the secured farmland property; provided however, the Foundation shall have the discretion to allow for assumption of the loan by the transferee under such terms and conditions deemed advisable, provided the transferee satisfies the loan eligibility requirements set forth in § 944(a) of this title above.
(5) Loans are limited to the purchase of farmland and farmland improvements only. Portions of the property subject to purchase which are used or proposed for use for residential purposes are not eligible for loans, provided further nonetheless, that those lands used or intended for use for residential purposes are subject to the limitations set forth in § 909(a)(4)a. and b. of this title.
(b) The approval of loans by the Foundation under this subchapter is purely a discretionary function and the Foundation shall be under no obligation to provide a loan to any applicant.
78 Del. Laws, c. 157, §  1;  81 Del. Laws, c. 76, § 3;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter VI. Farmland Purchase and Preservation Loan Program › § 946. Preservation easements.

§ 946. Preservation easements.
(a) The preservation easements provided as a condition for receiving a loan under this subchapter shall include, but not be limited to, the following conditions:
(1) The preservation easement binds and runs with the farmland in perpetuity, and is not subject to the termination provisions of § 917 of this title.
(2) No residential use is allowed on the farmland subject to the preservation easement.
(3) The farming and related uses as specified under § 909(a)(5)a. through h. inclusive of this title shall be allowed.
(4) Except as expressly provided otherwise, the farmland subject to a preservation easement under this subchapter shall have the same benefits, controls and restrictions as those preservation easements otherwise acquired pursuant to the provisions of this chapter, and provided further the Foundation shall be entitled to take enforcement action as provided in § 920 of this title.
(b) The preservation easements acquired under this subchapter shall not be affected by the payment status of the loan.
78 Del. Laws, c. 157, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter VI. Farmland Purchase and Preservation Loan Program › § 947. Preservation Loan Fund.

§ 947. Preservation Loan Fund.
There is hereby established a Preservation Loan Fund to be maintained, operated, supervised and administered by the Foundation, and used for making loan payments and related transaction costs and expenses for the loans provided under this subchapter. Moneys for the Preservation Loan Fund may be derived from specific appropriations provided by the General Assembly, federal grants, county and municipal grants and private funding. The Fund shall be operated as a resolving fund, with moneys paid to the Foundation as repayment of loans or condemnation related compensation deposited in the Fund and used to make additional loans.
78 Del. Laws, c. 157, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter VI. Farmland Purchase and Preservation Loan Program › § 948. Administration.

§ 948. Administration.
(a) In carrying out the responsibilities of administering the loan program the Foundation shall be entitled to:
(1) Adopt an application and other forms for processing applications and closing loan transactions.
(2) Establish a prequalification system for potential loan applicants.
(3) Establish schedules and timelines for processing applications and making loan decisions.
(4) Require the submission by applicants of a farm plan which includes a loan repayment plan.
(5) Provide assurances to commercial or other lenders regarding willingness to subordinate Foundation loans to commercial or other loans needed to acquire farmland.
(6) Structure and restructure the payment provisions of loans, provided however, that payments due the Foundation under any loan shall not be forgiven in whole or in part.
(7) Have appraisals performed under an appraisal methodology approved by the Foundation to determine the fair market value and preservation easement value of loan eligible farmland property.
(8) Develop selection criteria for approving loans involving competing applicants, with emphasis on selecting on a priority basis the loan applicant or applicants who request a loan with the lowest percentage value of the appraised preservation easement value of the eligible farmland.
(9) Subordinate Foundation loans to commercial financing provided to support farming operations conducted on the purchased farmlands.
(10) Cooperate with commercial lenders and others providing financing for the purchase of eligible farmlands to facilitate the successful completion of purchase transactions.
(11) Establish a system for annual reporting by loan recipients to assure that the loan recipients are actively engaged in agricultural usage of the acquired farmlands.
(b) The Foundation shall be entitled to advertise and promote the loan program, and create public awareness of the agricultural land preservation, open space and environmental benefits which the program provides.
(c) The Foundation shall be entitled to adopt rules of practice and procedure for administering the loan program.
78 Del. Laws, c. 157, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 9. DELAWARE AGRICULTURAL LANDS PRESERVATION ACT › Subchapter VI. Farmland Purchase and Preservation Loan Program › § 949. Secretary's veto.

§ 949. Secretary's veto.
With respect to any loan application approved by the Foundation under this subchapter, the Secretary shall be entitled to veto any such approval at the time that the approval is granted. In the event the Secretary fails to exercise the veto power at the meeting at which the approval is granted, the veto power shall be deemed waived.
78 Del. Laws, c. 157, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter I. General Provisions › § 1001. State agency to cooperate with individuals, public agencies and United States government.

§ 1001. State agency to cooperate with individuals, public agencies and United States government.
The Department of Agriculture is the agency of the State assigned plenary authority and responsibility in public forestry functions, in the conduct of which it may cooperate with individuals and public agencies including agencies of the United States in programs concerned with:
(1) The protection of forest lands from fire, disease and insect damage, including the application of control measures therefor;
(2) Establishing forest growth on denuded or nonforested lands;
(3) Aiding private forest landowners, operators and processors of primary forest products in applying desirable woodland improvement, management and harvesting practices;
(4) Forest resource research, education and surveys; and
(5) Public recreation.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter I. General Provisions › § 1002. State Forestry Fund.

§ 1002. State Forestry Fund.
(a) The State Forestry Fund is continued, to which shall be credited all amounts appropriated by the General Assembly of the State for the administration of Chapters 10, 26 and 91 of this title and all amounts received through cooperation with the United States government under the act of Congress known as the Clarke-McNary Act [16 U.S.C. § 471a et seq.], as well as all other moneys to which the Department of Agriculture or the State Forestry Fund is entitled.
(b) All revenue derived from the sale of products from state forests and from land under the administration of the Department of Agriculture, as well as all collected fees, shall be paid to the State Treasurer and credited by the Treasurer to the State Forestry Fund for use in connection with state forests.
72 Del. Laws, c. 235, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter I. General Provisions › § 1003. Disposition of fines; report by courts of forestry law cases.

§ 1003. Disposition of fines; report by courts of forestry law cases.
(a) All moneys received from fines imposed under Chapter 10, 26 or 91 of this title or any laws enacted for the protection of forest lands shall be paid to the Department of Agriculture and shall be deposited to the State of Delaware General Fund.
(b) Any court before which any prosecution under the forestry laws of this State is finally concluded shall, within 20 days thereafter, report in writing to the Department of Agriculture the result thereof, the amount of fine or forfeit collected, if any, and the disposition thereof, and at the same time shall remit to the Department of Agriculture all moneys received from such fines and forfeitures.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter I. General Provisions › § 1004. Agreements for prevention of forest fires.

§ 1004. Agreements for prevention of forest fires.
(a) The Department of Agriculture may enter into agreements for the prevention and suppression of forest fires with county, municipal and private agencies owning or controlling woodlots, forest or wild lands, or whose activities in whole or in part are directed toward the prevention and suppression of forest fires. All expenditures shall be presented to the Department of Agriculture in monthly statements, in form and manner prescribed by the Department. The Secretary of the Department of Agriculture shall audit the same and transmit such statements to the Secretary of Finance in accordance with Chapter 65 of Title 29.
(b) The Secretary of the Department of Agriculture shall certify to the Secretary of Agriculture of the United States the amounts thus expended by the State and by private agencies and fulfill any other requirements to obtain the cooperation of the federal government toward forest protection.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter I. General Provisions › § 1005. Educational and research activities.

§ 1005. Educational and research activities.
The Department of Agriculture may, so far as other duties will permit, carry on educational lectures and conduct exhibits on forestry within this State in the various colleges and schools of this State, and may also advance forestry education by publication. All colleges and schools supported in whole or in part by the State shall furnish such aid to the Department of Agriculture as circumstances will permit. The Department of Agriculture may also conduct investigations on forestry matters and publish for distribution literature of a scientific or general interest pertaining thereto that may promote the objects of Chapter 10, 26 or 91 of this title.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter I. General Provisions › § 1006. Distribution of tree seeds and seedlings.

§ 1006. Distribution of tree seeds and seedlings.
The Department of Agriculture may procure, produce, sell and distribute forest tree seeds and seedlings for the purpose of establishing windbreaks and forest growth upon denuded or nonforested lands within this State, in such quantities and under such regulations as are prescribed by the Department.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter I. General Provisions › § 1007. Sale of surplus trees.

§ 1007. Sale of surplus trees.
The Department of Agriculture may sell to forestry departments, boards or commissions of neighboring states any surplus supply of young forest trees that it has on hand for which there is no demand within the State, under an understanding that the same shall be distributed under regulations substantially similar to those provided for in § 1006 of this title.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter I. General Provisions › § 1008. State forests, parks, experimental stations and demonstration areas.

§ 1008. State forests, parks, experimental stations and demonstration areas.
The Department of Agriculture may:
(1) Acquire in the name of the State, by purchase, gift or otherwise, lands for the establishment of state forests, state forest parks, experimental stations and demonstration areas, and to hold, manage, regulate, control, maintain and utilize the same, but the amount expended for the acquisition of such lands in any biennial period shall not exceed the amount appropriated for the purpose and not otherwise used;
(2) Sell or exchange such forest lands whenever it is of advantage to the state forest interests, if such sale or exchange is approved by the Governor of the State. Any deed or evidence of title necessary to be given shall be executed on behalf of the State by the Governor and shall be under the Great Seal of the State;
(3) Set aside within the state forests unusual or historic groves of trees or natural features particularly worthy of permanent preservation, make the same accessible and convenient for public use, and dedicate them in perpetuity to the people of the State for recreation and enjoyment;
(4) Lease or assign a right for any period not exceeding 10 years to any citizen, public service company, association, organization or public or private agency, on such terms and conditions as are approved by the Department, such portions of any state forest lands under the administrative control of the Department, together with such building, structure or improvement thereon as shall be deemed advisable by the Department; and
(5) Establish a program for issuing permits for various activities on state forest land. Said program shall include but is not limited to the authority to adopt standards and regulations for issuances of permits, including fees for the use of state forest property by private parties, by the Department of Agriculture. It is expressly provided that said fees collected by the Department shall be defined by Department rules and regulations and shall not affect the State appropriation or be deducted therefrom, but shall be so much additional moneys available for carrying out the provisions of this subsection, and said fees shall be paid to the State Treasurer and credited by him/her to the State Forestry Fund for carrying out the purposes of this subchapter.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter I. General Provisions › § 1009. Receipt of gifts; leases; expenditures.

§ 1009. Receipt of gifts; leases; expenditures.
(a) The Department of Agriculture may, subject to the approval of the Governor:
(1) Receive gifts, donations, contributions and leases of land;
(2) Enter into long-term leases or cooperative agreements with private persons, groups of persons, or the federal government through any of its agencies or departments for desirable lands;
(3) Make expenditures from any funds available to the Department and not otherwise allocated for managing and developing such state forest areas as, in the judgment of the Department, further the forest interests of the State.
(b) All lands or rights appertaining thereto acquired in the name of the State by the Department of Agriculture and all lands turned over to the Department by gift, devise, grant, lease, agreement or otherwise shall be held, managed, regulated and controlled by the Department under Chapters 10, 26 and 91 of this title as state forest in accordance with law, and such grant, devise, lease or agreement as is entered into by the Department as in its judgment shall be to the best interest of the people of this State.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter I. General Provisions › § 1010. Qualifications and appointment of State Forester.

§ 1010. Qualifications and appointment of State Forester.
The Department of Agriculture shall employ a State Forester, who shall be a technically trained forester of not less than 2 years' experience in professional forestry work.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter I. General Provisions › § 1011. Powers and duties of Department generally.

§ 1011. Powers and duties of Department generally.
The Department of Agriculture shall have direction of all forest interests and all matters pertaining to forestry and woodlands within the State. The Department of Agriculture shall execute all matters pertaining to forestry within the jurisdiction of the State; devise and promulgate rules and regulations for the enforcement of the state forestry laws and for the protection of forest lands, and impose fines in furtherance thereof; direct the improvement of state forest lands; collect data relative to forest conditions, become familiar with and inquire into the locations of all timberland and cutover lands, and prepare maps showing the locations and areas of state forests and privately owned forests so far as available funds will permit; take such action as is authorized by law to prevent and suppress forest, brush and grass fires; enforce all laws pertaining to forest and brush covered lands and assist in the prosecution, in the name of the State, of violations of those laws; cooperate with landowners, counties and others in forest production and reforestation; and publish information on forestry as seems conducive to promoting the objectives of Chapters 10, 26 and 91 of this title.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter II. State Forest Officers › § 1021. Appointment; term; oath of office.

§ 1021. Appointment; term; oath of office.
(a) The Department of Agriculture may appoint suitable persons to serve under its direction either voluntarily or under compensation as state forest officers. Each officer so appointed shall be issued a certificate of appointment under the hand of the Secretary and shall be issued a badge as an insignia of authority. The appointee shall hold office until the appointee resigns or the appointment is revoked by the Secretary. Upon termination of appointment, service or authority, the appointee shall surrender and deliver to the Department the certificate, badge and other Department property in the appointee's possession.
(b) Before entering upon the duties of the office, each state forest officer shall take and subscribe the oath or affirmation as prescribed by the Constitution of the State for public officers, and the oath, subscribed by the officer, shall be kept in the files of the Department of Agriculture. Each person appointed and sworn as aforesaid shall be officially known as a state forest officer.
72 Del. Laws, c. 235, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter II. State Forest Officers › § 1023. Fish and Wildlife Agents and police officers as ex officio state forest officers.

§ 1023. Fish and Wildlife Agents and police officers as ex officio state forest officers.
Fish and Wildlife Agents and state police officers shall be state forest officers ex officio and shall have the same powers and authority assigned to state forest officers appointed under this subchapter.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter III. Urban and Community Forestry Program › § 1031. Findings and policy.

§ 1031. Findings and policy.
The General Assembly finds and declares that urban and community forests are a necessary and important part of community and urban environments and are critical to the environmental, social and economic welfare of the State. The General Assembly also recognizes that the ability of all county and municipal governments to care for and manage their tree resources could be enhanced through technical and financial assistance from a state urban and community forestry program and that properly planned and implemented local community forestry programs can provide the necessary basis for local governments to develop local tree care programs and improve quality of life. The General Assembly further declares that this chapter addresses only the tree resources on publicly owned lands, and shall in no way interfere with the ability of a landowner to manage and/or harvest his or her forested lands.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter III. Urban and Community Forestry Program › § 1032. Definitions.

§ 1032. Definitions.
As used in this subchapter:
(1) “Comprehensive community forestry plan” is a document that describes how a government or other organization will manage the tree resources located on publicly owned lands within its jurisdiction. This plan should be based on an accurate inventory of both tree and other resources, such as existing roads and infrastructure, include a map of the publicly owned areas and the mission and objectives for these lands, and define the strategies and budget needed to achieve these objectives.
(2) “Department” shall mean the Department of Agriculture.
(3) “Local government” shall mean a municipality, county or other political subdivision of the State or any agency thereof.
(4) “Secretary” shall mean the Secretary of Agriculture.
(5) “Tree resources” are those trees located in street right-of-ways, parks and other publicly owned lands.
(6) “Urban and community forestry” shall mean the planting, protection, care and management of trees and other related natural resources located on publicly owned lands within a city, town or municipality.
72 Del. Laws, c. 235, §  2;