reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 7 - Conservation › Chapter 27. HORSESHOE CRABS (LIMULUS POLYPHEMUS) › § 2701. Authority of the Department.

§ 2701. Authority of the Department.
(a) The Department shall establish and administer a program for the conservation and management of horseshoe crabs. Such program shall include the promulgation of regulations for:
(1) Administration of a permitting system and issuance of permits as defined by this chapter;
(2) Designation of areas for harvest and restriction as necessary to sensitive habitat and public safety;
(3) Definition of acceptable equipment and methods of harvest;
(4) Designation of lawful seasons for collection;
(5) Establishment of limits or the quantities to be harvested; and
(6) Establishment of reporting requirements for all permit holders authorized to take horseshoe crabs.
(b) Before implementing rules and regulations, and any subsequent changes thereto, the Department shall conduct a public hearing on the proposed regulations. The Department shall publish notice of a public hearing in newspapers of general circulation in the State no less than 20 days in advance of the public hearing. Said notice shall include a brief description of the proposed regulation, the time and location of the public hearing and the manner in which the public may respond to the Department on the proposed regulation. The regulations shall be filed with the Secretary of State prior to implementation.
(c) The Department shall be authorized to adopt interim regulations notwithstanding the provisions of subsection (b) of this section in order to implement administrative procedures and the provisions of subsection (a) of this section in a timely manner. These interim regulations may be adopted by the Department for a period not to exceed 90 days. Interim regulations shall become effective upon the date they are filed with the Secretary of State.
(d) The Department shall be further authorized to adopt emergency regulations notwithstanding the provisions of subsection (b) of this section when such regulations are necessary to deal with an actual or eminent threat to the horseshoe crab resources and the fishery thereof. Emergency regulations may be adopted by the Department for a period not to exceed 90 days. As soon as practicable after adoption of emergency regulations hereunder, the Department shall conduct a public hearing on the matter in accordance with subsection (b) of this section for the purpose of implementing regulations. Emergency regulations shall become effective upon the date they are filed with the Secretary of State.
68 Del. Laws, c. 33, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 27. HORSESHOE CRABS (LIMULUS POLYPHEMUS) › § 2702. Scientific collecting permit.

§ 2702. Scientific collecting permit.
The Department may issue a scientific collecting permit to a person to permit the collecting of horseshoe crabs solely for scientific, medical or educational purposes. There shall be no fee for this collecting permit. The person shall apply to the Department for a collecting permit on an application provided by the Department, and shall present in writing the specific purpose for which the horseshoe crab will be used and shall present credible evidence that the disposition of the horseshoe crabs collected shall be for scientific, medical or educational purposes. Where possible only males shall be collected. Also, those collected for above purposes shall be returned to the original habitat when feasible.
68 Del. Laws, c. 33, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 27. HORSESHOE CRABS (LIMULUS POLYPHEMUS) › § 2703. Dredging.

§ 2703. Dredging.
Unless otherwise authorized by the Department, it shall be unlawful for any person to use dredges to take horseshoe crabs in this State unless said person has a valid horseshoe crab dredge permit issued annually by the Department. The fee for a resident horseshoe crab dredge permit shall be $100. The fee for a nonresident horseshoe crab dredge permit shall be $1,000. The Department shall not issue a horseshoe crab dredge permit to any person unless said person is the current owner and operator of an oyster vessel licensed to transplant oysters from natural oyster beds as provided under the provisions of Chapter 19 of this title and shellfish regulations adopted by the Department. The permit shall designate the vessel to be used to dredge for horseshoe crabs. The Department shall not issue more than 5 horseshoe crab dredge permits during any 1 calendar year.
68 Del. Laws, c. 33, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 27. HORSESHOE CRABS (LIMULUS POLYPHEMUS) › § 2704. Collecting permits for other than scientific purposes.

§ 2704. Collecting permits for other than scientific purposes.
(a) A commercial collecting permit shall be required of any individual 16 years of age or older, (including a property owner), collecting horseshoe crabs, except for personal, noncommercial uses. The collection fee to obtain a commercial collecting permit for residents of Delaware shall be $100. The collection fee to obtain a commercial collecting permit for nonresidents shall be $1,000. A commercial collecting permit shall not be required of a property owner, or a property owner's tenant or agent, on those lands from which crabs are taken for personal usage. An agent or tenant shall mean a person who has written permission from the property owner of the land from which horseshoe crabs are taken to act on the owner's behalf.
(b) Any municipality, town, other local government or individual who collects dead horseshoe crabs in order to clean up a beach or to otherwise dispose of said crabs properly shall be required to obtain a beach clean-up collecting permit. There shall be no fee for a beach clean-up collecting permit.
(c) Unless authorized by a scientific collecting permit issued by the Department, it shall be unlawful for any person to take or attempt to take horseshoe crabs by any method unless said person has obtained a valid collecting permit as provided in this section.
(d) When by, or pursuant to, the laws or regulations of any other state should said state impose any tax, other fee or restrictions on nonresidents for the privilege of commercially collecting horseshoe crabs within its boundaries, which tax or other fee is in the aggregate greater or restriction is greater, to include but not be limited to, the nonavailability of a permit for nonresidents, the similar or identical taxes, other fees, permit requirements and restrictions shall be imposed by the Department upon the residents of that state who seek to apply for a commercial collecting permit from the Department to collect horseshoe crabs within the boundaries of this State.
68 Del. Laws, c. 33, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 27. HORSESHOE CRABS (LIMULUS POLYPHEMUS) › § 2705. Penalties.

§ 2705. Penalties.
(a) Any person who is convicted 2 times in the same calendar year for violations of this chapter or any regulation promulgated by the Department pursuant thereto shall be subject to the following provisions:
(1) If the person holds a valid permit at the time of the second conviction, said permit shall be revoked by the Department. Persons whose permits are revoked shall not be eligible to reapply for a permit under this chapter until 5 years after the date of revocation.
(2) If said person does not hold a valid permit at the time of the second conviction, such person shall not be eligible to apply for any permit outlined in this chapter for a period of 5 years after the second conviction.
(b) Any person convicted of a violation of any provision of this chapter or any regulation promulgated by the Department pursuant thereto, shall be guilty of a class B environmental misdemeanor. Each individual horseshoe crab taken in violation of any provision of this chapter or regulation promulgated by the Department pursuant thereto shall constitute a separate violation.
(c) The Justice of the Peace Court shall have jurisdiction over violations of this chapter.
(d) The Department shall not renew any permit to collect or dredge horseshoe crabs until the applicant has reported his or her harvest of the previous calendar year's total number of horseshoe crabs to the Department on forms provided by the Department.
68 Del. Laws, c. 33, §  2;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 421, §  12;
2023 Delaware Code › Title 7 - Conservation › Chapter 28. Conchs (Whelks) Busycon Canaliculatum and B. Carica › § 2801. Definitions.

§ 2801. Definitions.
(a) “Bullrake” means any rake with a width of more than 14 inches measured perpendicular to the tines or any rake with a handle of more than 7 feet.
(b) “Conch pot” means any pot, basket, box, cage, container or other similar catching device that has at least 1 escape vent measuring at least 5″ x 10″ in the top or parlor section of said pot, basket, box, cage or container or other similar catching device.
(c) “Delaware's internal waters” means all of those tidal waters under the jurisdiction of the State, except the Atlantic Ocean, as separated from the Delaware Bay by a straight line drawn between Cape May Point, New Jersey and Cape Henlopen Point, Delaware.
(d) “Delaware's territorial sea” means all of those tidal waters in the Atlantic Ocean separated from the Delaware Bay under the jurisdiction of the State, the outer boundary of which is a line 3 nautical miles coterminous with the shoreline of the State.
(e) “Trawline” means a long line, anchored on each end, to which more than 1 conch pot is attached by short lines.
69 Del. Laws, c. 284, §  4;  71 Del. Laws, c. 122, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 28. Conchs (Whelks) Busycon Canaliculatum and B. Carica › § 2803. Commercial conch dredge license; fees; exceptions.

§ 2803. Commercial conch dredge license; fees; exceptions.
(a) It shall be unlawful for any person, while operating a vessel equipped with a dredge or a vessel with a bullrake on board, to possess more than 15 bushels of conchs unless said person has in possession a valid commercial conch dredge license.
(b) It shall be unlawful for a commercial conch dredge licensee to dredge conchs from any vessel other than a vessel owned and operated by said licensee. Said vessel shall be listed by the Department on the licensee's commercial conch dredge license.
(c) The Department is authorized to issue a commercial conch dredge license to a person who applies for same on forms to be supplied by the Department. To be eligible for a commercial conch dredge license, an applicant shall meet 1 of the following conditions:
(1) Produce receipts, personal income tax records or affidavits from a certified public accountant the applicant previously harvested conchs in Delaware for commercial purposes; or
(2) Be eligible for a commercial crab dredger's license in Delaware according to the provisions of § 1918 of Title 7.
An applicant who is eligible for a commercial conch dredge license shall apply and pay all applicable fees to the Department within 90 days of August 26, 1994. An applicant who is not eligible or an applicant who does not obtain a commercial conch dredge license within 90 days of August 26, 1994, or a commercial conch dredge licensee who fails to renew the license as provided in the provisions of subsection (d) of this section may register with the Department on a form provided by the Department for a commercial conch dredge license that may become valid after a 5-year waiting period.
(d) A commercial conch dredge licensee shall renew the license for at least 1 year in every 3 consecutive years. Any person who does not renew the commercial conch pot license for at least 1 year in every 3 consecutive years shall be deemed not eligible for a commercial conch dredge license.
(e) The fee for a resident commercial conch dredge license shall be $57.50 for residents and $575 for nonresidents.
(f) An active commercial fisher with a commercial conch dredge license may transfer his or her license to a commercial fishing apprentice who has competed no less than 150 days of commercial fishing activities over no less than a 1-year period.
69 Del. Laws, c. 284, §  4;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 29, §  9;  80 Del. Laws, c. 348, § 3;
2023 Delaware Code › Title 7 - Conservation › Chapter 28. Conchs (Whelks) Busycon Canaliculatum and B. Carica › § 2804. Minimum size.

§ 2804. Minimum size.
It shall be unlawful for any person to possess any conch which measures less than a minimum possession size limit specified in regulations promulgated by the Department. The Department is authorized to promulgate regulations to establish the minimum possession size limit of conchs.
69 Del. Laws, c. 284, §  4;
2023 Delaware Code › Title 7 - Conservation › Chapter 28. Conchs (Whelks) Busycon Canaliculatum and B. Carica › § 2805. Areas closed for commercial conch potting or dredging.

§ 2805. Areas closed for commercial conch potting or dredging.
It shall be unlawful for any person to operate a dredge for the purpose of catching, taking or harvesting conchs over leased shellfish grounds, natural oyster beds or other areas declared closed to dredging for conchs by the Department by regulation; provided however, that those conchs of legal size taken by a person on a vessel with a valid oyster harvesting license or a person with a valid commercial clam dredge license while engaged in lawful dredging operations, whether or not over leased shellfish grounds, natural oyster beds, or other areas declared closed to dredging for conchs by the Department, may be retained for noncommercial purposes. The Department is authorized to promulgate regulations that close areas to either dredging or potting for conchs.
69 Del. Laws, c. 284, §  4;
2023 Delaware Code › Title 7 - Conservation › Chapter 28. Conchs (Whelks) Busycon Canaliculatum and B. Carica › § 2806. Seasons closed for commercial conch potting or dredging.

§ 2806. Seasons closed for commercial conch potting or dredging.
The Department is authorized to promulgate regulations that close seasons to either dredging or potting for conchs.
69 Del. Laws, c. 284, §  4;
2023 Delaware Code › Title 7 - Conservation › Chapter 28. Conchs (Whelks) Busycon Canaliculatum and B. Carica › § 2807. Marking of conch pots.

§ 2807. Marking of conch pots.
(a) In Delaware's internal waters, it shall be unlawful for any commercial conch pot licensee to catch, take or harvest conchs with any conch pot or attempt to catch, take or harvest conchs with any conch pot unless each conch pot is attached to a floating buoy. In Delaware's territorial sea, conch pots may be attached to a trawline up to 1,200 feet long, provided each end of the trawline is attached to a buoy. The buoys for commercial conch pots and trawlines shall be a specific color combination as assigned to each commercial conch pot licensee by the Department. Any person who has a valid commercial crab pot license shall be assigned the same color code for the person's commercial conch pot buoys as assigned to the person's commercial crab pots. An additional buoy shall be attached at the farthest position from the conch pot or trawline which shall be colored 1/2 white and 1/2 black. The Department shall assign a commercial conch pot number to each commercial conch pot licensee. Inscribed on the 1/2 white and 1/2 black buoy the farthest from the conch pot shall be a capital letter “C” followed by said person's commercial conch pot number. The letter “C” and conch pot number shall be at least 2 inches tall, and a contrasting color to be legible at all times.
(b) It shall be unlawful for any person other than a commercial conch pot licensee to catch, take or harvest conchs with any conch pot or attempt to catch, take or harvest conchs with any conch pot unless said conch pot is attached to an all white buoy with said persons full name and permanent mailing address inscribed either on the white buoy or on a waterproof tag attached to said buoy. The person's name and address shall be legible at all times.
69 Del. Laws, c. 284, §  4;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 122, §  2;
2023 Delaware Code › Title 7 - Conservation › Chapter 28. Conchs (Whelks) Busycon Canaliculatum and B. Carica › § 2808. Conch pot attendance; abandonment; confiscation; forfeiture.

§ 2808. Conch pot attendance; abandonment; confiscation; forfeiture.
(a) It shall be unlawful for any person who places, uses or sets a conch pot in the tidal waters of this State to fail to tend and remove conchs from said conch pot at least once every 72 hours.
(b) Failure to tend and remove conchs from a conch pot in the tidal waters of this State at least 72 hours after said pot is tagged by the Department shall constitute abandonment of said conch pot.
(c) Any employee of the Department authorized to enforce this chapter shall be authorized to seize and confiscate any conch pot which has been determined to have been abandoned pursuant to subsection (b) of this section.
(d) Upon a determination that a conch pot has been abandoned and seized by the Department, ownership in said conch pot shall be forfeited to the Department.
(e) Notwithstanding the provisions set forth in subsections (a), (b) and (c) of this section, any employee of the Department authorized to enforce this chapter shall be authorized to seize any conch pot which fails to be placed, used or set in compliance with the provisions of this chapter.
(f) Title to a conch pot seized by the Department and not claimed by the lawful owner after proper notification from the Department within 90 days of said notification shall be forfeited to the Department.
69 Del. Laws, c. 284, §  4;
2023 Delaware Code › Title 7 - Conservation › Chapter 29. TRANSFER OF FINFISH, EEL FISHING AND SHELLFISH PERMITS AND LICENSES › § 2901. Applicability.

§ 2901. Applicability.
The provisions of this chapter shall apply to the fisheries covered by Chapters 9, 18, 19, 21, 23, 24, 25, 26, 27 and 28 of this title which are or become closed to new entrants.
78 Del. Laws, c. 263, §  1;  80 Del. Laws, c. 196, § 6;
2023 Delaware Code › Title 7 - Conservation › Chapter 29. TRANSFER OF FINFISH, EEL FISHING AND SHELLFISH PERMITS AND LICENSES › § 2902. Transfers of permits and licenses.

§ 2902. Transfers of permits and licenses.
Any person who holds a valid permit or license issued by the Department for any of the fisheries referenced and subject to § 2901 of this title shall be entitled to assign or transfer such permit or license to an eligible person as defined in this chapter under terms and conditions agreeable to the permit or license holder and the assignee or transferee.
78 Del. Laws, c. 263, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 29. TRANSFER OF FINFISH, EEL FISHING AND SHELLFISH PERMITS AND LICENSES › § 2903. Eligibility.

§ 2903. Eligibility.
In order to be eligible for the transfer of a permit or license under this chapter the assignee or transferee of the permit or license shall be any of the following:
(1) An apprentice with at least 150 days of commercial fishing experience;
(2) An alternate or designee with actual fishing experience during at least 1 calendar year; or
(3) The holder of a valid permit or license for any of the fisheries covered under § 2901 of this title with actual fishing experience during at least 2 calendar years.
Actual fishing experience as provided herein may be established by catches reported by or attributed to the prospective assignee or transferee engaged in fishing.
78 Del. Laws, c. 263, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 29. TRANSFER OF FINFISH, EEL FISHING AND SHELLFISH PERMITS AND LICENSES › § 2904. Death, incapacity and disability.

§ 2904. Death, incapacity and disability.
(a) In the event of the death of a permit or license holder covered by this chapter any permit or license of the decedent may be transferred as follows:
(1) The decedent may by will or other written document designate the recipient of any permit or license, provided however, that if the recipient is not eligible to receive the permit or license under the provisions of § 2903 of this title, the recipient shall have 2 years from the date of death of the permit or license holder to transfer the permit or license to an eligible person, otherwise the permit or license shall be relinquished.
(2) If the decedent has not designated the recipient of the permit or license as provided in paragraph (a)(1) of this section above, the executor or personal representative of the estate of the decedent shall be entitled to transfer any permit or license to an eligible person within 2 years of the date of death of the permit or license holder, otherwise the permit or license shall be relinquished.
(3) The provisions of this subsection (a) shall apply to any permit or license holder who died on or after January 1, 2010.
(b) In the event of the mental incapacity of a permit or license holder, the guardian, attorney-in-fact, or other person authorized to act on behalf of the incapacitated license or permit holder, shall be entitled to transfer any permit or license to an eligible person within 2 years of the date the guardian, attorney-in-fact, or other person authorized to act on behalf of the incapacitated license or permit holder is entitled to act on behalf of the incapacitated permit or license holder, otherwise the permit or license shall be relinquished.
(c) In the event of the physical disability of a permit or license holder, the permit or license holder with the disability shall be entitled to assign any permit or license to an eligible person in accordance with § 2902 of this title.
(d) Any person authorized to act on behalf of any permit or license holder pursuant to subsections (a) and (b) of this section shall be entitled to assign the permit or license in accordance with § 2902 of this title to an eligible person prior to the time of transfer or relinquishment of the permit or license.
78 Del. Laws, c. 263, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 29. TRANSFER OF FINFISH, EEL FISHING AND SHELLFISH PERMITS AND LICENSES › § 2905. Notification and transfer or assignment.

§ 2905. Notification and transfer or assignment.
(a) Any person holding a permit or license, or such persons authorized representative as provided herein, shall provide written notification to the Department of the intent to transfer or assign the permit or license, and provide such other information as may be necessary to establish the eligibility to make the transfer or assignment in accordance with this chapter.
(b) The Department shall process notifications as provided herein within 30 days of the date of receipt of the notification and other documentation, and provide a written response indicating approval or disapproval of the transfer or assignment. For any disapproval the Department shall indicate the reasons and any actions needed to obtain approval.
(c) Any permit or license which is approved for transfer or assignment by the Department shall include the allotment of catch or other entitlements associated with the permit or license.
78 Del. Laws, c. 263, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 29. TRANSFER OF FINFISH, EEL FISHING AND SHELLFISH PERMITS AND LICENSES › § 2906. Savings.

§ 2906. Savings.
The provisions of this chapter shall be in addition to and not affect any other entitlements or allowances regarding the transfer or assignment of permits and licenses covered by this chapter.
78 Del. Laws, c. 263, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 37. AGRICULTURAL CONSERVATION AND ADJUSTMENT › § 3701. Purpose of chapter; limitations.

§ 3701. Purpose of chapter; limitations.
(a) It is recognized and declared that:
(1) The soil resources and fertility of the land of this State, the economic use thereof, and the prosperity of the farming population of this State are matters affected with a public interest;
(2) The welfare of this State has been impaired and is in danger of being further impaired through failure to conserve adequately its soil resources, and by the decrease in the purchasing power of the net income per person on farms in the State as compared with the net income per person in the State not on farms;
(3) Such evils have been augmented and are likely to be augmented by similar conditions in other states and are so interrelated with such conditions in other states, that the remedying of such conditions in this State requires action by this State in cooperation with the governments and agencies of other states and of the United States and requires assistance therein by the government and agencies of the United States; and
(4) The formulation and effectuation by this State of state plans in conformity with § 7 of the Soil Conservation and Domestic Allotment Act [16 U.S.C. § 590g] is calculated to remedy said conditions and will tend to advance the public welfare of this State.
(b) Therefore, in order to promote the welfare of the people of this State by aiding in the preservation and improvement of soil fertility, in the promotion of the economic use and conservation of land, and in the reestablishment, at as rapid a rate as is practicable and in the general public interest, of the ratio between the purchasing power of the net income per person on farms and that of the net income per person not on farms that prevailed during the 5-year period August 1909 to July 1914, inclusive, as determined from statistics available in the United States Department of Agriculture, and the maintenance of such ratio, the State assents to and accepts the Soil Conservation and Domestic Allotment Act [16 U.S.C. § 590a et seq.] and adopts the policy and purpose of cooperating with the government and agencies of other states and of the United States in the accomplishment of the policy and purposes specified in § 7 of said act; subject, however, to the limitations that:
(1) The powers conferred in this chapter shall be used only to assist voluntary action calculated to effectuate such purposes;
(2) In carrying out the purposes specified in this section due regard shall be given to the maintenance of a continuous and stable national supply of agricultural commodities adequate to meet consumer demand at prices fair to both the producers and consumers.
41 Del. Laws, c. 175, §  2;  7 Del. C. 1953, §  3701;
2023 Delaware Code › Title 7 - Conservation › Chapter 37. AGRICULTURAL CONSERVATION AND ADJUSTMENT › § 3702. Definitions.

§ 3702. Definitions.
For the purposes of this chapter, unless otherwise specifically defined, or another intention clearly appears, or the context requires a different meaning:
(1) “Other states of the United States” includes Puerto Rico.
(2) “Person” includes an individual, corporation, partnership, firm, statutory trust, business trust, joint-stock company, association, syndicate, group, pool, joint venture and any other unincorporated association or group.
(3) “University” means the University of Delaware.
41 Del. Laws, c. 175, §§  3, 4;  7 Del. C. 1953, §  3702;  73 Del. Laws, c. 329, §  42;
2023 Delaware Code › Title 7 - Conservation › Chapter 37. AGRICULTURAL CONSERVATION AND ADJUSTMENT › § 3703. Designation of state agency.

§ 3703. Designation of state agency.
The University shall be the state agency of this State to carry out the policy and purposes of this chapter and to formulate and administer state plans pursuant to the terms of this chapter.
41 Del. Laws, c. 175, §  4;  7 Del. C. 1953, §  3703;
2023 Delaware Code › Title 7 - Conservation › Chapter 37. AGRICULTURAL CONSERVATION AND ADJUSTMENT › § 3704. Formulation and administration of state conservation plans.

§ 3704. Formulation and administration of state conservation plans.
(a) The University shall formulate for each calendar year and submit to the Secretary of Agriculture of the United States for and in the name of this State, a state plan for carrying out the purposes of this chapter during such calendar year.
(b) The University may modify or revise any such plan in whatever manner, consistent with the terms of this chapter, it finds necessary to provide for more substantial furtherance of the accomplishment of the purposes of this chapter.
(c) Each plan shall provide for such participation in its administration by such voluntary county and community committees, or voluntary associations of agricultural producers, organized under this chapter, as the University determines to be necessary or proper for the effective administration of the plan.
(d) Each plan shall provide, through agreements with agricultural producers or through other voluntary methods, for such adjustments in the utilization of land, in farming practices, and in the acreage or in the production for market, or both, of agricultural commodities, as the University determines to be calculated to effectuate as substantial accomplishment of the purposes of this chapter as may reasonably be achieved through action of this State, and for payments to agricultural producers in connection with such agreements or methods in such amounts as the University determines to be fair and reasonable and calculated to promote such accomplishment of the purposes of this chapter without depriving such producers of a voluntary and uncoerced choice of action.
(e) Any such plan shall provide for the educational programs that the University determines to be necessary or proper to promote the more substantial accomplishment of the purposes of this chapter.
(f) Each plan shall contain an estimate of expenditures necessary to carry out such plan together with a statement of the amount that the University determines to be necessary to be paid by the Secretary of Agriculture of the United States as a grant in aid of such plan under § 7 of the Soil Conservation and Domestic Allotment Act [16 U.S.C. § 590g], in order to provide for the effective carrying out of such plan, and shall designate the amount and due date of each installment of such grant, the period to which such installment relates, and the amount determined by the University to be necessary for carrying out such plan during such period.
(g) The University may conduct such investigations as it finds to be necessary for the formulation and administration of such plans. The investigations shall be paid for from federal funds provided for the purposes of this chapter.
41 Del. Laws, c. 175, §  5;  7 Del. C. 1953, §  3704;
2023 Delaware Code › Title 7 - Conservation › Chapter 37. AGRICULTURAL CONSERVATION AND ADJUSTMENT › § 3705. Receipt and disbursement of funds.

§ 3705. Receipt and disbursement of funds.
(a) The University may receive on behalf of this State all grants of money or other aid made available from any source to assist the State in carrying out the policy and purposes of this chapter. All such money or other aid together with any moneys appropriated or other provisions made by this State for such purpose, shall be forthwith available to the University as the agency of the State subject, in the case of any conditioned funds or other aid, to the conditions upon which such funds or other aid has been received, for the purpose of administering this chapter and may be expended by the University in carrying out only such state plans or in otherwise effectuating the purposes and policies of this chapter.
(b) Subject to any conditions upon which any such money or other aid is made available to the State and to the terms of any applicable plan made effective pursuant to this chapter, such expenditures may include, but need not be limited to, expenditures for administrative expenses; equipment, cost of research and investigation, cost of educational activities; compensation and expenses of members of the State Advisory Board; reimbursement to other state agencies or to voluntary committees or associations of agricultural producers for costs to such agencies; committees or associations of assistance in the administration of this chapter requested in writing by the University and rendered to the University; reimbursement of any other fund from which it has made expenditures in providing services in the administration of this chapter; payments to agricultural producers provided for in any plan made effective pursuant to this chapter; salaries of employees; and all other expenditures requisite to carrying out this chapter.
(c) The University shall provide for the keeping of full and accurate accounts as such state agency, separate from its accounts kept in its other capacities, showing all receipts and expenditures of moneys, securities or other property received, held or expended under this chapter and shall provide for the auditing of all such accounts and for the execution of surety bonds for all employees entrusted with moneys or securities under this chapter.
41 Del. Laws, c. 175, §  6;  7 Del. C. 1953, §  3705;
2023 Delaware Code › Title 7 - Conservation › Chapter 37. AGRICULTURAL CONSERVATION AND ADJUSTMENT › § 3706. Additional powers and duties of the University.

§ 3706. Additional powers and duties of the University.
(a) The University shall utilize such available services and assistance of other state agencies and of voluntary county and community committees and associations of agricultural producers as it determines to be necessary or calculated to assist substantially in the effective administration of this chapter.
(b) The University may make such rules and regulations, and do any and all other acts consistent with this chapter, which it finds to be necessary or proper for the effective administration of this chapter.
(c) The University may obtain, by lease or purchase, such equipment, office accommodations, facilities, services and supplies, and employ such technical or legal experts or assistants and such other employees, including clerical and stenographic help, as it determines to be necessary or proper to carry out this chapter, and may determine the qualifications, duties and compensation of such experts, assistants and other employees.
(d) All other agencies of this State may assist the University in carrying out this chapter upon written request of the University, in any manner determined by the University to be necessary or appropriate for the effective administration of this chapter.
41 Del. Laws, c. 175, §  7;  7 Del. C. 1953, §  3706;
2023 Delaware Code › Title 7 - Conservation › Chapter 37. AGRICULTURAL CONSERVATION AND ADJUSTMENT › § 3707. Agricultural communities.

§ 3707. Agricultural communities.
(a) The University shall designate within each county of this State such geographic units, which shall be called “communities,” as it determines to be the most convenient for the administration of this chapter and of state plans adopted pursuant to this chapter, and shall establish the boundaries of such communities.
(b) The University may revise the boundaries of such communities, in conformity with the respective standards prescribed herein, at such time or times as it finds that a revision is necessary either to cause communities to conform to the standards or to provide for the more substantial or more efficient accomplishment of the purposes of this chapter.
41 Del. Laws, c. 175, §  8;  7 Del. C. 1953, §  3707;
2023 Delaware Code › Title 7 - Conservation › Chapter 37. AGRICULTURAL CONSERVATION AND ADJUSTMENT › § 3708. Organization of producers and committees.

§ 3708. Organization of producers and committees.
The University shall establish and define the duties:
(1) Within each community, of a voluntary association of agricultural producers all of whose members shall be entitled to equal rights;
(2) Of a community committee within each community elected by the association membership of said community from their own membership;
(3) Of a county board of directors within each county, consisting of the chairperson of the community committees within the county, which county board shall elect a chairperson and such other officers as are deemed necessary;
(4) Of a county policy committee within each county elected by the county board of directors from their own members.
41 Del. Laws, c. 175, §  9;  7 Del. C. 1953, §  3708;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 37. AGRICULTURAL CONSERVATION AND ADJUSTMENT › § 3709. State Advisory Board; selection; qualifications; functions.

§ 3709. State Advisory Board; selection; qualifications; functions.
(a) The University shall, by regulations, provide for the selection of 6 persons of legal age, resident in this State, who shall be selected from the standpoint of their qualification by actual farming experience and comprehensive understanding of the agricultural problems of this State, to act as farmer members of a State Advisory Board. There shall be not less than 1 nor more than 3 selected from any 1 of the counties.
(b) The State Advisory Board, upon the request of the University, shall advise the University with regard to all matters of major importance in carrying out this chapter.
41 Del. Laws, c. 175, §  10;  7 Del. C. 1953, §  3709;
2023 Delaware Code › Title 7 - Conservation › Chapter 37. AGRICULTURAL CONSERVATION AND ADJUSTMENT › § 3710. Reports.

§ 3710. Reports.
The University shall compile or require to be made such reports as it determines to be necessary or proper in order to ascertain whether any plans provided for in this chapter are being carried out according to their terms. The University shall provide for compliance, on the part of all persons and agencies participating in the administration of any such plan, with such requirements, and may make, or cause to be made, such investigations as it determines to be necessary or proper to assure the correctness of and to make possible the verification of such reports.
41 Del. Laws, c. 175, §  11;  7 Del. C. 1953, §  3710;
2023 Delaware Code › Title 7 - Conservation › Chapter 38. GIANT REED GRASS CONTROL › § 3801. Declared public and common nuisance.

§ 3801. Declared public and common nuisance.
The existence of growth of giant reed grass (Phragmites australis) is declared to be a public and common nuisance.
64 Del. Laws, c. 263, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 38. GIANT REED GRASS CONTROL › § 3802. Department of Natural Resources and Environmental Control; investigations; rules and regulations; programs of control; acceptance of grants.

§ 3802. Department of Natural Resources and Environmental Control; investigations; rules and regulations; programs of control; acceptance of grants.
(a) The State Department of Natural Resources and Environmental Control may make such investigations, studies and determinations as it may deem advisable in order to ascertain the extent of growth and infestation of Phragmites australis in this State, and the effect of such species on wildlife and the environment.
(b) The Department may promulgate such rules and regulations as in its judgment are necessary to carry into effect this chapter and may alter or suspend such rules when necessary.
(c) The Department may institute programs of control and eradication.
(d) The Department may enter into agreements with any county or subdivision of this State, with any adjoining state or with agencies of the federal or state government to effect a program of control and eradication.
(e) The Department may accept, use or expend such aid, gift or grant as may from time to time be made available from any source, public or private, for the purposes of carrying out this chapter.
64 Del. Laws, c. 263, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 38. GIANT REED GRASS CONTROL › § 3803. Agreements relating to eradication.

§ 3803. Agreements relating to eradication.
The State Department of Natural Resources and Environmental Control may enter into an agreement with any designated county in this State for the purpose of control and eradication of Phragmites australis within that county. When such agreement is executed and certified in writing to the Secretary of State, the Department and the county may conduct surveys to determine the location and amount of infestations of Phragmites australis within that county, and may provide technical and financial assistance to landowners on a cost-sharing basis with those landowners in a cooperative control or eradication program, and may effect a program of mowing, spraying or other control or eradication practices on road rights-of-way, drainage ditch banks, parks, playgrounds and other public and private lands. The agreement between the Department and county may be terminated by either party on 30 days' written notice.
64 Del. Laws, c. 263, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 39. SOIL AND WATER CONSERVATION DISTRICTS › Subchapter I. General Provisions › § 3901. Declaration of policy.

§ 3901. Declaration of policy.
It is the policy of the State to provide for the preservation of the productive power of Delaware land and the optimum development and use of certain surface water resources of the State by furthering the conservation, protection, development and utilization of land and water resources, including the impoundment, and disposal of water and by preventing and controlling floodwater and sediment damages, and thereby to preserve natural resources and promote their beneficial use, control floods, prevent impairment of dams and reservoirs, assist in maintaining the navigability of rivers and harbors, preserve wildlife, provide recreation development, protect the tax base, protect public lands and highways, and protect and promote the health, safety and general welfare of the people of this State.
44 Del. Laws, c. 212, §  2;  7 Del. C. 1953, §  3901;  54 Del. Laws, c. 188, §  2;  55 Del. Laws, c. 456, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 39. SOIL AND WATER CONSERVATION DISTRICTS › Subchapter I. General Provisions › § 3902. Definitions.

§ 3902. Definitions.
For the purpose of this chapter, unless otherwise specifically defined, or another intention clearly appears, or the context requires a different meaning:
(1) “Board of district supervisors” or “board” means the governing body of a soil and water conservation district, elected or appointed in accordance with this chapter.
(2) “Cooperator” means a landowner for whom a district provides, or has agreed to provide, in accordance with this chapter, services, material and equipment with respect to the landowner's land within the district.
(3) “Department of Natural Resources and Environmental Control” or “Department” means the agency responsible for the administration of soil and water conservation districts in Delaware, with the powers and duties prescribed by this chapter.
(4) “Farmer” means any person holding legal title to a farm and being actively engaged in farming operations.
(5) “Landowner” or “owner of land” means and includes any person, firm or corporation who shall hold title to any land in this State.
(6) “Soil and water conservation district” or “district” means a governmental subdivision of this State, the boundaries of which coincide with county boundaries, and having the powers and duties prescribed by this chapter.
44 Del. Laws, c. 212, §  3;  7 Del. C. 1953, §  3902;  54 Del. Laws, c. 188, §  2;  57 Del. Laws, c. 711, §  1;  57 Del. Laws, c. 739, §  166;
2023 Delaware Code › Title 7 - Conservation › Chapter 39. SOIL AND WATER CONSERVATION DISTRICTS › Subchapter I. General Provisions › § 3903. Conservation districts.

§ 3903. Conservation districts.
The 3 soil and water conservation districts heretofore created under this chapter shall hereafter be known as the Kent Conservation District, the New Castle Conservation District and the Sussex Conservation District, respectively, and the said districts shall continue to exercise all the powers and duties prescribed for districts by this chapter.
7 Del. C. 1953, §  3903;  54 Del. Laws, c. 188, §  2;  57 Del. Laws, c. 739, §  167;  59 Del. Laws, c. 561, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 39. SOIL AND WATER CONSERVATION DISTRICTS › Subchapter I. General Provisions › § 3904. Advisor to Department.

§ 3904. Advisor to Department.
The Department may invite the Secretary of Agriculture of the United States of America to appoint 1 person to serve with the Department in an advisory capacity.
7 Del. C. 1953, §  3904;  54 Del. Laws, c. 188, §  2;  57 Del. Laws, c. 739, §  168;
2023 Delaware Code › Title 7 - Conservation › Chapter 39. SOIL AND WATER CONSERVATION DISTRICTS › Subchapter I. General Provisions › § 3906. Boards of district supervisors; composition; term.

§ 3906. Boards of district supervisors; composition; term.
(a) There shall be a board of supervisors for each district, each board to consist of 4 elected supervisors, an optional supervisor who, in Kent County shall be a member of the Levy Court, in Sussex County shall be a member of County Council, and in New Castle County, shall be the County Executive or the County Executive's designated representative, and 2 optional supervisors who shall not be farmers and who may be appointed by the Secretary of the Department of Natural Resources and Environmental Control upon the request of the district involved. The vote and authority of each supervisor shall be equal. The county agricultural agent shall serve as secretary to the board but shall have no vote.
(b) The elected members of the Kent and Sussex districts shall be farmers residing in those respective counties. In New Castle County, 2 of the elected supervisors shall be farmers residing in the southern portion of the County, and the remaining 2 who shall not be farmers, shall reside in the northern portion of the County, according to a division established by the Secretary of the Department of Natural Resources and Environmental Control.
(c) The term of office of each elected supervisor shall be 4 years. The term of office of a supervisor appointed by the Secretary of the Department of Natural Resources and Environmental Control shall be 3 years. An optional supervisor appointed by the Kent County Levy Court and the Sussex County Council shall hold office during the pleasure of that body so long as that optional supervisor remains a member of the appointing body. The Secretary of the Department of Natural Resources and Environmental Control may fill the vacancy of any elected supervisor, or supervisor appointed by the Secretary of the Department of Natural Resources and Environmental Control occurring otherwise than by expiration of term, by appointment of a qualified individual to serve the remainder of the unexpired term.
44 Del. Laws, c. 212, §  6;  7 Del. C. 1953, §  3907;  54 Del. Laws, c. 188, §  2;  55 Del. Laws, c. 462, §  1;  57 Del. Laws, c. 739, §  171;  65 Del. Laws, c. 362, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 95, §§  1, 2;
2023 Delaware Code › Title 7 - Conservation › Chapter 39. SOIL AND WATER CONSERVATION DISTRICTS › Subchapter I. General Provisions › § 3907. Organization of board; quorum; expenses of district supervisors.

§ 3907. Organization of board; quorum; expenses of district supervisors.
The board of district supervisors annually shall designate by election 1 of its members to be its chairperson, and shall designate future chairpersons by the same means. A majority of the board shall constitute a quorum, but the concurrence of a majority of the entire board on any matter within its duties shall be required for its determination, except as the board may invest any of its supervisors with power to determine specified matters or to perform routine duties. The board shall be authorized, in its discretion, to reimburse supervisors for their expenses, including travel expenses, necessarily incurred in the discharge of their duties as members of the board.
Any district supervisor may be removed from office by the Department of Natural Resources and Environmental Control, upon notice and hearing, for neglect of duty or misconduct, but for no other reason.
7 Del. C. 1953, §  3908;  54 Del. Laws, c. 188, §  2;  57 Del. Laws, c. 739, §  172;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 39. SOIL AND WATER CONSERVATION DISTRICTS › Subchapter I. General Provisions › § 3909. Cooperation.

§ 3909. Cooperation.
Any 2 or more soil and water conservation districts organized under this chapter may cooperate with one another or with the State or any agency or subdivision thereof in the exercise of all powers conferred upon such districts or any or all duties prescribed for such districts by this chapter.
44 Del. Laws, c. 212, §  9;  7 Del. C. 1953, §  3910;  54 Del. Laws, c. 188, §  1;