2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter V. Pine and Yellow-Poplar Tree Conservation and Reforestation › § 1054. Natural regeneration; notice required upon transfer.

§ 1054. Natural regeneration; notice required upon transfer.
(a) Operators and landowners shall leave uncut and uninjured at least 6 seed-bearing pine or yellow-poplar trees 14 inches in diameter or larger on each acre involved in a cutting operation. If an acre lacks 1 or more of the required seed trees, then 2 seed-bearing pines or yellow-poplars of the next smallest diameter shall be chosen to replace each missing tree.
(b) Trees reserved pursuant to subsection (a) of this section for the purpose of reseeding shall be healthy, windfirm, and well-distributed throughout each acre, and have well developed crowns possessing viable cones.
(c) Seed-bearing pine or yellow-poplar trees need not be reserved if at least 400 pine or yellow-poplar seedlings exist on each acre that are vigorous, well distributed throughout, and free to grow upon completion of the cutting operation.
(d) Any operators or landowners proposing to utilize the natural regeneration method shall notify the State Forester at the Delaware Department of Agriculture Forest Service of the proposed natural regeneration plan at least 10 working days prior to initiation of a cutting operation.
(1) Operators or landowners shall be responsible for having seed trees physically marked prior to notification of the State Forester.
(2) Within 10 working days, the State Forester or the State Forester's designated agent shall inspect the proposed site and provide the operator or landowner with approval, approval with modifications, or rejection of the natural regeneration plan.
(e) Once approval is given, but before the cutting operation begins, the landowner will agree, on a form furnished by the Department of Agriculture Forest Service, not to cut or permit to be cut any pine or yellow-poplar tree required to be reserved for reseeding for 2 years after completion of the cutting operation. The provisions of this subsection do not apply if the landowner places the land in any of the uses enumerated in § 1053(b) of this title.
(f) Prior to the sale or other transfer of rights of the land or perpetual timber rights subject to the obligation to reserve the trees, the transferor shall notify the transferee of the existence and nature of the obligation and the transferee shall sign a notice of the obligation indicating the transferee's knowledge thereof.
(1) The notice shall be on a form furnished by the Department of Agriculture Forest Service and shall be sent to the Department of Agriculture by the transferor at the time of sale or transfer of rights of the land or perpetual timber rights.
(2) If the transferor fails to notify the transferee about the obligation to reserve the trees, the transferor shall pay the transferee's costs related to fulfilling the obligation to reserve the trees or reforest all trees cut, including all legal costs and reasonable attorneys' fees incurred by the transferee in enforcing the obligation against the transferor.
(3) Failure by the transferor to send the required notice to the Department of Agriculture Forest Service at the time of transfer shall be prima facie evidence in any action by the transferee against the transferor for costs related to reserving the trees or reforesting all trees cut that the transferor did not notify the transferee of the obligation to reserve the trees prior to transfer.
72 Del. Laws, c. 235, §  2;  70 Del. Laws, c. 186, §  1;