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2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter III. Urban and Community Forestry Program › § 1033. Powers and duties.

§ 1033. Powers and duties.
The Delaware Department of Agriculture Urban and Community Forestry Program, under the supervision of the State Forester, shall:
(1) Assist local governments and public organizations in establishing and maintaining urban and community forestry programs and in encouraging persons to engage in appropriate and approved practices with respect to tree management and care;
(2) Advise local governments and public organizations in the development and coordination of policies, programs and activities for the promotion of urban and community forestry;
(3) Provide grants to local governments and public organizations applying for assistance in tree planting, tree management and the development and implementation of a comprehensive community forestry plan on publicly owned lands to the extent moneys are appropriated or otherwise made available therefor;
(4) Educate citizens on the importance of trees and forests and their role in the maintenance of a healthy environment;
(5) Provide technical assistance, planning and analysis for projects related to urban and community forestry;
(6) Provide training assistance to local governments and public organizations regarding urban and community forestry issues such as tree diseases, insect programs, tree planting and tree maintenance; and
(7) Provide volunteer opportunities for the State's citizens and public organizations interested in urban and community forestry activities.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter III. Urban and Community Forestry Program › § 1034. Community Forestry Council.

§ 1034. Community Forestry Council.
(a) There is established in the Department a Community Forestry Council, which shall consist of 13 members appointed by the Secretary. Membership shall include at least 1 representative each from the USDA Cooperative Extension System, the Governor's Forestry Advisory Council, the Master Gardener program and the Delaware Association of Nurserymen; an arborist or similar tree care expert; a county or municipal government official; a member of an institution of higher learning within the State who possesses urban forestry expertise; and a private citizen from each county. Each member shall be a citizen with expertise or interest in trees, forestry, or tree or forest management, maintenance or care. The Department's Urban Forestry Coordinator and State Forester shall serve as ex officio members.
(b) Each member shall serve for a period of 3 years, and may succeed himself or herself for 1 additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member may succeed himself or herself for only 1 additional full term. Any person appointed to fill a vacancy on the Council shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment, except that each member shall serve until a successor is duly appointed.
(c) A person who has never served on the Council may be appointed to the Council 2 consecutive times, but no such person shall thereafter be eligible for 2 consecutive appointments. No person who has been twice appointed to the Council or who has served on the Council for 6 years within any 9-year period shall again be appointed to the Board until an interim period of at least 1 term has expired since such person last served.
(d) Five members of the Council shall be appointed each year for a 3-year term.
(e) A member of the Council shall be suspended or removed by the Secretary for misfeasance, nonfeasance, malfeasance or neglect of duty.
(f) Chapter 58 of Title 29 shall apply to all members of the Council and to all agents appointed or otherwise employed by the Council.
(g) A majority of the membership of the Council shall constitute a quorum for the transaction of Council business. Action may be taken and motions and resolutions adopted by the Council at any meeting thereof by the affirmative votes of a majority of the full membership of the Council.
(h) Members of the Council shall serve without compensation, but may be reimbursed for expenses necessarily incurred in the discharge of their official duties.
(i) The Council shall elect a chairperson, vice chairperson and other officers as may be necessary.
(j) The Council shall advise the State Forester and the Department on issues concerning community forestry and assist with such functions.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter III. Urban and Community Forestry Program › § 1035. Duties of State Forester.

§ 1035. Duties of State Forester.
The State Forester, with the advice and assistance of the Council, may establish minimum standards and provide a training skills and voluntary accreditation program for representatives of local governments and organizations, the content of which shall be the appropriate and approved methods for the planting, protection, care and management of trees and other related natural resources under their control.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter III. Urban and Community Forestry Program › § 1036. Development, distribution of comprehensive community forestry plan; approval.

§ 1036. Development, distribution of comprehensive community forestry plan; approval.
(a) The State Forester, with the advice and assistance of the Council, may develop and make available to local governments and organizations a list of elements found within a comprehensive community forestry plan. These guidelines shall establish, but not limit, the basic framework of an approved plan.
(b) The State Forester, with the advice and assistance of the Council, shall develop and make available to local governments and organizations a procedure for submitting for approval a comprehensive community forestry plan.
(c) A local government may develop and submit to the State Forester for approval a comprehensive community forestry plan according to procedures established by the Department.
(d) The State Forester, after review and comment by the Council, shall approve a comprehensive community forestry plan if the plan contains the basic elements of an approved plan and adequately addresses the needs of the community and the tree resource.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter III. Urban and Community Forestry Program › § 1037. Annual report on the status of Delaware Urban and Community Forestry Program.

§ 1037. Annual report on the status of Delaware Urban and Community Forestry Program.
The State Forester's annual report shall contain a summary of the status of the Delaware Urban and Community Forestry Program, including any recommendations for legislative or administrative action to improve implementation of that program, and transmit that report to the Governor and the General Assembly.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter III. Urban and Community Forestry Program › § 1038. Rules, regulations.

§ 1038. Rules, regulations.
The Department shall adopt, pursuant to the Administrative Procedure Act, Chapter 101 of Title 29, such rules and regulations as may be necessary to implement this chapter, including establishment of:
(1) Guidelines for development of a comprehensive community forestry plan;
(2) Criteria for proper selection, planting and care of tree resources;
(3) Procedures to accept and evaluate submitted comprehensive community forestry plans;
(4) Procedures for the review and approval of training and voluntary accreditation programs in tree care and management for local officials;
(5) Criteria for ranking grant applications received from local governments and community organizations applying for assistance in tree planting, tree improvement and the development and implementation of comprehensive community forestry plans.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter IV. Offenses and Penalties as They Relate to Fires or Damage and Removal of Trees or Shrubs › § 1041. Wilfully or maliciously starting fires.

§ 1041. Wilfully or maliciously starting fires.
(a) Whoever wilfully or maliciously sets fire to any woodlot, forest, wild land, property, material or vegetation being or growing upon the lands of another shall be fined not less than $200, nor more than $5,000, or imprisoned not more than 2 years, or both.
(b) This section shall not apply to the setting of a backfire under the direction of a state forest officer to extinguish a fire then burning, nor to persons setting fire under §§ 1042 and 1043 of this title.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter IV. Offenses and Penalties as They Relate to Fires or Damage and Removal of Trees or Shrubs › § 1042. Carelessly starting fires; penalty.

§ 1042. Carelessly starting fires; penalty.
Whoever carelessly sets on fire any forest land, brush land, grain stubble, grass or other combustible material being or growing on lands neither belonging to such person nor in such person's possession or control, or for any purpose whatsoever sets a fire on such person's own land or lands in such person's possession or control, and negligently allows said fire to escape from such person's control, to the damage of the property of another, shall be fined not less than $100, nor more than $500. Nothing in this title shall prohibit an owner from setting a backfire on the owner's own land to prevent the progress of a fire then burning.
72 Del. Laws, c. 235, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter IV. Offenses and Penalties as They Relate to Fires or Damage and Removal of Trees or Shrubs › § 1043. Setting fire to woodland; unseasonable marsh burning; penalty.

§ 1043. Setting fire to woodland; unseasonable marsh burning; penalty.
Whoever sets any woodland on fire, or, after April 1, sets on fire any marsh, shall be fined not less than $200, nor more than $1,000, and shall also be liable in damages to property owners for injury done by such fire. The burning of wood cut down or of brush in clearing land shall not, unless there be negligence, fall within this section.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter IV. Offenses and Penalties as They Relate to Fires or Damage and Removal of Trees or Shrubs › § 1044. Obstructing person in performance of duty; penalty.

§ 1044. Obstructing person in performance of duty; penalty.
Whoever obstructs or prevents or attempts to obstruct or prevent any forest officer or ex officio forest officer or any person employed under the direction of the above-mentioned officers while in the performance of a duty assigned to such officer or required by Chapter 10, 26 or 91 of this title, or while exercising the right of entry, access or examination, shall be fined not less than $100, nor more than $500.
72 Del. Laws, c. 235, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter IV. Offenses and Penalties as They Relate to Fires or Damage and Removal of Trees or Shrubs › § 1045. Trees and shrubs of state forests; penalty.

§ 1045. Trees and shrubs of state forests; penalty.
(a) Notwithstanding any other provision of this title, whoever without the consent of the Department of Agriculture wilfully, negligently or maliciously cuts bark from or cuts down, injures, destroys or removes trees or shrubs or any part thereof growing in a state forest or wilfully, negligently or maliciously does or causes to be done any other act to the damage of such forest shall be fined not more than $1,000 or imprisoned not more than 3 months, or both.
(b) Any constable, police officer, forest officer or state officer may arrest without warrant any person found violating this section.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter IV. Offenses and Penalties as They Relate to Fires or Damage and Removal of Trees or Shrubs › § 1046. Liability to State for expenses.

§ 1046. Liability to State for expenses.
Notwithstanding any other provision of this title, whoever wilfully, maliciously or carelessly sets fire to forest lands, in addition to the penalties provided for such violation and the liability for damages to persons suffering loss thereby, shall be liable to the State for all expenses incurred in combating and extinguishing such fire.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter IV. Offenses and Penalties as They Relate to Fires or Damage and Removal of Trees or Shrubs › § 1047. Jurisdiction of offenses.

§ 1047. Jurisdiction of offenses.
The justices of the peace shall have jurisdiction of offenses under this subchapter except where jurisdiction of any such offenses is vested exclusively in another court.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter V. Pine and Yellow-Poplar Tree Conservation and Reforestation › § 1051. Findings; policy; purpose.

§ 1051. Findings; policy; purpose.
The General Assembly finds and declares that the pine and yellow-poplar forest resource of the State provides significant recreational, aesthetic, wildlife and environmental benefits as well as wood fiber essential to commerce and industry for the citizens of the State. The General Assembly has also determined that the pine and hardwood forest resources are being harvested at a greater rate than they are being replanted or reproduced and unless measures are instituted to ensure that the forest resources are sustained, this natural resource will be depleted to the detriment of the citizens of the State. It is, therefore, the declared public policy of this State to preserve and protect the pine and yellow-poplar forest resources of the State. The purpose of this subchapter is to regulate the maintenance and reproduction of the pine and yellow-poplar forest resources of the State in the public interest.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter V. Pine and Yellow-Poplar Tree Conservation and Reforestation › § 1052. Definitions.

§ 1052. Definitions.
As used in this subchapter:
(1) “Cutting operation” shall mean the cutting of timber for commercial purposes from 10 acres or more of land on which loblolly pine (Pinus taeda), shortleaf pine (Pinus echinata), pond pine (Pinus serotina) or yellow-poplar (Liriodendron tulipifera) singly or together occur and constitute 25 percent or more of the live trees on each acre.
(2) “Live tree” shall mean trees that have their crowns in the uppermost layers of the canopy (dominant and co-dominant trees) and are largely free growing, free of insect and disease infestation, windfirm and old enough to produce fertile seed crops.
(3) “Diameter” shall mean the diameter outside bark of a standing tree measured 4.5 feet above the ground.
(4) “Landowner” shall mean any person holding title to the land or possessing the right to contract for the cutting operation thereon.
(5) “Operator” shall mean any person, including a landowner, who conducts any cutting operation.
(6) “Person” shall mean the State, or any county, municipality, corporation or other political subdivision of the State or any of their units, or an individual receiver, trustee, guardian, executor, administrator, fiduciary or representative of any kind, or any partnership, firm, association or public or private corporation, or principal(s) in business ventures operating under more than 1 name, or any other entity.
(7) “Pine” shall mean any loblolly pine (Pinus taeda), shortleaf pine (Pinus echinata) or pond pine (Pinus serotina).
(8) “Secretary” shall mean the Secretary of the Department of Agriculture.
(9) “Seedling” shall mean a young pine or yellow-poplar plant less than 1 inch in diameter.
(10) “Tree” or “timber” shall mean any tree of a currently commercially valuable species that is 6 inches or more in diameter.
(11) “Free to grow” shall mean to increase the stem and crown diameter, basal area, height, volume and quality of an individual tree.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter V. Pine and Yellow-Poplar Tree Conservation and Reforestation › § 1053. Conservation or reforestation plan required; applicability; regulations.

§ 1053. Conservation or reforestation plan required; applicability; regulations.
(a) No person shall commence a cutting operation unless seed trees have been reserved pursuant to the natural regeneration method set forth herein or pursuant to an alternate management plan approved by the State Forester or the State Forester's designee.
(b) This subchapter shall not apply to operations cutting timber from land being cleared for reservoirs, military installations, agriculture, residential, ditch and utility right-of-ways, industrial sites, or railroads, or to cutting operations undertaken pursuant to a contract executed prior to January 1, 1989.
(c) The Department of Agriculture shall have the authority to adopt, amend, modify or repeal such rules and regulations as it deems necessary to effectuate the policies and the purposes of this subchapter.
72 Del. Laws, c. 235, §  2;  84 Del. Laws, c. 42, § 10;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter V. Pine and Yellow-Poplar Tree Conservation and Reforestation › § 1056. Prohibitions.

§ 1056. Prohibitions.
No person shall cut or permit to be cut any pine or yellow-poplar tree or seedling required to be reserved for reseeding or planted under a reforestation plan or perform any act or permit any act to be performed which prevents reseeding or reforestation of any area in which a cutting operation has been conducted.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter V. Pine and Yellow-Poplar Tree Conservation and Reforestation › § 1057. Right of entry.

§ 1057. Right of entry.
The State Forester or the State Forester's duly authorized representative may enter at reasonable times upon any public or private property for the purpose of determining whether a violation of the provisions of this subchapter or any of the regulations promulgated thereunder exists upon giving verbal notice and after presenting official identification to the landowner, operator, custodian or agent of said property.
72 Del. Laws, c. 235, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter V. Pine and Yellow-Poplar Tree Conservation and Reforestation › § 1058. Cease and desist orders.

§ 1058. Cease and desist orders.
The State Forester shall have the power to issue a cease and desist order to any person violating any provision of this subchapter or rules or regulations promulgated thereunder. Any such cease and desist order shall remain in effect until withdrawal of said order by the State Forester or until the order is superseded by an injunction, whichever occurs first.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter V. Pine and Yellow-Poplar Tree Conservation and Reforestation › § 1059. Injunctive relief.

§ 1059. Injunctive relief.
Whenever it appears that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this subchapter or rules or regulations adopted pursuant to it, the State Forester may bring an action in the Court of Chancery to restrain or to enjoin the acts or practices and to enforce compliance with this subchapter. The Court shall not require the Department of Agriculture to post a bond.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter V. Pine and Yellow-Poplar Tree Conservation and Reforestation › § 1060. Appeals.

§ 1060. Appeals.
(a) Any person whose interest is substantially affected by an action of the State Forester or the State Forester's designee may request a hearing to demonstrate compliance with this subchapter or any regulations promulgated thereunder.
(b) Such hearing shall be scheduled within 15 days of the request and shall be held by the Secretary or the Secretary's designee. The decision of the Secretary or the Secretary's designee may be appealed to the Superior Court on the record within 30 days of the decision.
(c) No appeal shall operate to automatically stay any action of the Secretary.
72 Del. Laws, c. 235, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter V. Pine and Yellow-Poplar Tree Conservation and Reforestation › § 1061. Penalties.

§ 1061. Penalties.
(a) Any person who violates any provision of this subchapter or associated rules and regulations shall, upon conviction, be subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 months, or both.
(b) Any person found guilty of a second or subsequent violation of any provision of this subchapter is subject to a fine not exceeding $2,000 or imprisonment not exceeding 3 months, or both. For the purposes of this subsection, a second or subsequent violation is one that has occurred within 2 years of any prior violation of this subchapter.
(c) The Justices of the Peace Court shall have original jurisdiction to hear and determine violations of this subchapter.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter VI. Water Quality as It Relates to Silvicultural Systems and Sedimentation and Erosion Control › § 1071. Findings; policy; purpose.

§ 1071. Findings; policy; purpose.
The State Forester shall provide for the protection of the waters of the State from pollution by sediment deposits resulting from silvicultural activities as provided in § 1078 of this title. Through the adoption of this subchapter, the State recognizes that water quality protection techniques for silvicultural practices are an integral component of properly managed forests. Further, the State recognizes the positive benefits that properly managed forest systems have on the environment, water quality and quality of life in Delaware.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter VI. Water Quality as It Relates to Silvicultural Systems and Sedimentation and Erosion Control › § 1072. Definitions.

§ 1072. Definitions.
The following words, terms and phrases, as used in this subchapter, shall have the following meanings ascribed to them except where the context clearly indicates a different meaning:
(1) “Owner” shall mean any person that (a) owns or leases land on which silvicultural activity occurs or (b) owns timber on land which silvicultural activity occurs.
(2) “Operator” shall mean any person that operates or exercises control over any silvicultural activity.
(3) “Pollution” shall mean such alteration of the physical, chemical or biological properties of any waters of the State resulting from sediment deposition that will or is likely to create a nuisance or render such waters (a) harmful or detrimental or injurious to the public health, safety or welfare, or to the health of animals, fish or aquatic life; (b) unsuitable with reasonable treatment for use as a present or possible future source of public water supply; or (c) unsuitable for recreational, commercial, industrial, agricultural or other reasonable uses.
(4) “Silvicultural activity” shall mean any forest management activity, including but not limited to the harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation.
(5) “Reforestation” is the establishment of a tree crop on forest land.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter VI. Water Quality as It Relates to Silvicultural Systems and Sedimentation and Erosion Control › § 1073. Conduct of silvicultural activities.

§ 1073. Conduct of silvicultural activities.
If the State Forester or the State Forester's designee determines that an owner or operator is conducting or allowing the conduct of any silvicultural activity in a manner that is causing or is likely to cause pollution, the State Forester or the State Forester's designee may advise the owner or operator of corrective measures needed to prevent or cease the pollution. Failure of the State Forester or the State Forester's designee to advise an owner or operator of such corrective measures shall not impair the State Forester's authority to issue cease and desist orders.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter VI. Water Quality as It Relates to Silvicultural Systems and Sedimentation and Erosion Control › § 1074. Cease and desist orders.

§ 1074. Cease and desist orders.
The State Forester shall have the power to issue a cease and desist order to any person violating any provision of this subchapter or rules or regulations promulgated thereunder. Any such cease and desist order shall remain in effect until withdrawal of said order by the State Forester or until the order is superseded by an injunction, whichever occurs first.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter VI. Water Quality as It Relates to Silvicultural Systems and Sedimentation and Erosion Control › § 1075. Injunctive relief.

§ 1075. Injunctive relief.
Whenever it appears that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this subchapter or rules or regulations adopted pursuant to it, the State Forester may bring an action in the Court of Chancery to restrain or to enjoin the acts or practices and to enforce compliance with this subchapter. The Court shall not require the Department of Agriculture to post a bond.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter VI. Water Quality as It Relates to Silvicultural Systems and Sedimentation and Erosion Control › § 1076. Appeals.

§ 1076. Appeals.
(a) Any person whose interest is substantially affected by an action of the State Forester or the State Forester's designee may request a hearing to demonstrate compliance with this subchapter or any regulations promulgated thereunder.
(b) Such hearing shall be scheduled within 15 days of the request and shall be held by the State Forester or the State Forester's designee. The decision of the State Forester or the State Forester's designee may be appealed to Superior Court on the record within 30 days of the decision.
(c) No appeal shall operate to automatically stay any action of the State Forester.
72 Del. Laws, c. 235, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter VI. Water Quality as It Relates to Silvicultural Systems and Sedimentation and Erosion Control › § 1077. Penalties.

§ 1077. Penalties.
(a) Any person who violates any provision of this subchapter or associated rules and regulations shall, upon conviction, be subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 months, or both.
(b) Any person found guilty of a second or subsequent violation of any provision of this subchapter is subject to a fine not exceeding $2,000 or imprisonment not exceeding 3 months, or both. For the purposes of this subsection, a second or subsequent violation is one that has occurred within 2 years of any prior violation of this subchapter.
(c) The Justice of the Peace Court shall have original jurisdiction to hear and determine violations of this subchapter.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter VI. Water Quality as It Relates to Silvicultural Systems and Sedimentation and Erosion Control › § 1078. Hearings, notices.

§ 1078. Hearings, notices.
Any hearing required under this subchapter shall follow the Administrative Procedures Act, Chapter 101 of Title 29.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter VI. Water Quality as It Relates to Silvicultural Systems and Sedimentation and Erosion Control › § 1079. Civil penalties.

§ 1079. Civil penalties.
Any owner or operator who violates or fails or refuses to obey any special order, rule or regulation may be assessed a civil penalty by the State Forester. Such penalty shall not be less than $200 or more than $1,000 for each violation. Each day of a continuing violation may be deemed a separate violation for purposes of assessing penalties. The Superior Court shall have jurisdiction of the offenses brought under this subchapter. In determining the amount of the penalty, consideration shall be given to the owner's or operator's history of noncompliance, the seriousness of the violation, including any irreparable harm to the environment and any hazards to the health or safety of the public, whether the owner or operator was negligent, and the demonstrated good faith of the owner or operator in reporting and remedying the pollution. A civil penalty may be assessed by the Superior Court only after the owner or operator has been given an opportunity for a hearing as specified in § 2981 of this title. Any person who intentionally, knowingly and after written notice to comply violates or refuses to comply with any notice issued pursuant to this chapter shall be fined not less than $500 or more than $5,000 for each offense. Each day the violation continues shall constitute a separate offense. The Superior Court shall have jurisdiction of offenses brought under this subchapter.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 10. STATE FORESTRY › Subchapter VI. Water Quality as It Relates to Silvicultural Systems and Sedimentation and Erosion Control › § 1080. State program.

§ 1080. State program.
In carrying out this chapter, the State Forester may, in cooperation with appropriate municipal, county, state and federal agencies, and with representatives from operators and owners groups:
(1) Develop and publish sediment control and storm water management techniques and guidelines for use by owners and operators;
(2) Provide technical and other assistance to owners and operators in the implementation of techniques and guidelines;
(3) Conduct and supervise educational programs for owners and operators with respect to sediment control and storm water management techniques and guidelines;
(4) Conduct studies and research and publish the results regarding the causes, effects and hazards of sediment and storm water originating from silvicultural activities;
(5) Cooperate with appropriate agencies of the United States or other states or any interstate agency with respect to silvicultural activities;
(6) Establish a means of communication, such as a newsletter, so that information regarding program development and implementation can be distributed to interested owners and operators; and
(7) Establish a notification system whereby owners and/or operators inform the Delaware Department of Agriculture Forest Service of planned silvicultural activities prior to commencing the activities.
72 Del. Laws, c. 235, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 11. PLANT PESTS › § 1102. Regulations and fees.

§ 1102. Regulations and fees.
(a) The Department of Agriculture may adopt reasonable regulations to implement and carry out the purposes of this chapter to eradicate, repress and prevent the spread of plant pests (i) within the State, (ii) from within the State to points outside the State, and (iii) from outside the State to points within the State. The Department of Agriculture shall adopt regulations for eradicating such plant pests as it may deem capable of being economically eradicated, for repressing such as cannot be economically eradicated, and for preventing their spread within the State. Reasonable regulations for preventing the introduction of dangerously injurious plant pests from outside the State may also be adopted.
(b) The Secretary of the Delaware Department of Agriculture may set a fee up to the amount of $200 for each U.S. Department of Agriculture phytosanitary certificate.
72 Del. Laws, c. 375, §  2;
2023 Delaware Code › Title 3 - Agriculture › Chapter 11. PLANT PESTS › § 1104. Warning and information to farmers and other persons.

§ 1104. Warning and information to farmers and other persons.
(a) The Department, upon confirmation of an actionable infestation or infection of any dangerously injurious plant pest(s), shall warn the farmers and other persons residing in the county of the nature of the aforementioned plant pest and the localities where it exists.
(b) The Department shall also furnish to farmers and persons of the county information and knowledge of the measures to be instituted to control the plant pest.
21 Del. Laws, c. 216, §  8;  Code 1915, §  657;  Code 1935, §  575;  3 Del. C. 1953, §  1103;  57 Del. Laws, c. 764, §  4;  66 Del. Laws, c. 153, §  4;  70 Del. Laws, c. 325, §  1;  72 Del. Laws, c. 375, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 11. PLANT PESTS › § 1105. Failure to pay expenses of treating diseased plants and pests; penalty.

§ 1105. Failure to pay expenses of treating diseased plants and pests; penalty.
(a) The Department shall, within 90 days, provide notice of all expenses incurred while controlling a dangerous injurious plant pest infestation or infection to the person(s), owner(s) or tenant(s) associated with the aforementioned infected or infested plants.
(b) The Department shall, within 90 days, provide notice of all expenses incurred while controlling the spread of a dangerously injurious plant pest infestation or infection to plants found in dangerous proximity to the person(s), owner(s) or the tenant(s) associated with the aforementioned plants.
(c) If the aforementioned person(s), owner(s) or tenant(s) fail, neglect or refuse, after 30 days, to pay all the control expenses incurred by the Department or to establish a payment schedule approved by the Secretary, a civil penalty of not less than double the amount of the Department expenses incurred to control the dangerously injurious plant pest infestation or infection shall be imposed upon them.
(d) The aforementioned person(s), owner(s) or tenant(s) shall also be liable for the imposition of a civil penalty as prescribed in this chapter.
70 Del. Laws, c. 325, §  1;  72 Del. Laws, c. 375, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 11. PLANT PESTS › § 1106. Establishment of quarantine restrictions.

§ 1106. Establishment of quarantine restrictions.
(a) The Department may establish quarantine restrictions in areas infested or infected with dangerously injurious plant pests and areas adjacent thereto, and adopt, issue and enforce rules and regulations relative to such quarantine.
(b) Under such quarantine restrictions, the Department shall prevent the movement, shipment or transportation of agricultural, forest, horticultural or any other material capable of carrying the plant pest under restriction, in any state of its development.
(c) The Department shall, under such quarantine restrictions, detain for official inspection any person, car, vessel, truck, wagon or other conveyance suspected or known to carry any material in violation of any quarantine restriction or of any rules or regulations established by the authority of this chapter.
(d) Any person(s) who violates a quarantine duly imposed by the Department performs an illegal act and shall be liable for the imposition of a civil penalty as prescribed in this chapter.
35 Del. Laws, c. 25, §  2;  36 Del. Laws, c. 90, §  2;  Code 1935, §  631;  3 Del. C. 1953, §  1106;  57 Del. Laws, c. 764, §  4;  66 Del. Laws, c. 153, §  6;  70 Del. Laws, c. 325, §  1;  72 Del. Laws, c. 375, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 11. PLANT PESTS › § 1107. Shipment of plant pests and biological control agents.

§ 1107. Shipment of plant pests and biological control agents.
(a) No person may sell, offer for sale, move, convey, transport, deliver, ship or offer for shipment any plant pest or biological control agent without a U.S. Department of Agriculture — Animal and Plant Health Inspection Service — Plant Protection and Quarantine — Application and Permit to Move Live Plant Pests and Noxious Weeds, PPQ Form 526, supplements thereto, or any publication revising or superseding the aforementioned, or its State equivalent. Permits may be issued only after the Department determines that the proposed shipment or use will not create a hazard to the agricultural, forest or horticultural interests of this State or the State's general environmental quality. The permit shall be affixed conspicuously and on the exterior of each shipping container, box, package, etc. or accompany each shipping container, box, package, etc. as the Department directs.
(b) The Department shall regulate and control the sale and use of biological control agents, as defined in this chapter, to assure their safety and effectiveness in the control of injurious plant pests and to prevent the introduction or use of biological control agents which may be injurious to persons, property, useful plant or animal life, nontarget species, agriculture, forest lands, horticultural interests or the State's general environmental quality.
(c) Any person(s) who ships plant pests or biological control agents without the knowledge of the Department performs an illegal act and shall be liable for the imposition of a civil penalty as prescribed in this chapter.
70 Del. Laws, c. 325, §  1;  72 Del. Laws, c. 375, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 11. PLANT PESTS › § 1108. Violations and hearing procedures.

§ 1108. Violations and hearing procedures.
(a) Failure to comply with this chapter shall result in the assessment of a civil penalty.
(b) No civil penalty shall be imposed until an administrative hearing is held before the Secretary of Agriculture or the Secretary's designee. No civil penalty shall be assessed unless the person charged shall have been given notice and opportunity for a hearing on such charge in accordance with Chapter 101 of Title 29. The Secretary or the Secretary's designee shall mail a written decision to the alleged violator within 30 days after the conclusion of the administrative hearing. Failure to comply with the 30-day period shall have no effect on the Secretary's decision.
(c) The person(s) charged with a violation of this chapter will be notified in writing of the date and time of the aforementioned administrative hearing. The aforementioned person(s) shall have the right to appear in person, to be represented by counsel and to provide witnesses in his or her own behalf.
(d) The Secretary, for the purposes of investigation of a possible violation of this chapter and for its hearings, may issue subpoenas, compel the attendance of witnesses, administer oaths, take testimony and compel the production of documents. In case any person summoned to testify or to produce any relevant or material evidence refuses to do so without reasonable cause, the Department of Agriculture may compel compliance with the subpoena by filing a motion to compel in Superior Court which shall have jurisdiction over this matter.
(e) The Department shall preserve a full record of the proceedings and a transcript may be purchased by any interested person.
70 Del. Laws, c. 325, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 375, §  1;  77 Del. Laws, c. 356, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 11. PLANT PESTS › § 1109. Appeal.

§ 1109. Appeal.
A person who feels aggrieved by the Department as a result of the administrative hearing held under the authority of this chapter may take appeal, within 30 days, to the Superior Court. After a full hearing, the Court shall make such decree as seems just and proper. Written notice of such appeal, together with the grounds therefor, shall be served upon the Secretary of the Department of Agriculture.
70 Del. Laws, c. 325, §  1;  72 Del. Laws, c. 375, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 11. PLANT PESTS › § 1110. Civil penalties.

§ 1110. Civil penalties.
(a) Any person who interferes with the Department in the enforcement of this chapter, as determined in an administrative hearing, shall be assessed a civil penalty of no less than $100 nor more than $1,000 on each count.
(b) Any person who is not a Department employee or its authorized representative who removes markings placed by the Department for the purpose of identification of plants infested or infected by dangerous injurious plant pests is interfering with the Department's enforcement of this chapter, as determined in an administrative hearing, and shall be assessed a civil penalty of no less than $100 nor more than $1,000 on each count.
(c) Any person who wilfully or knowingly violates a quarantine duly imposed by the Department, as determined in an administrative hearing, shall be assessed a civil penalty of no less than $100 nor more than $1,000 on each count.
(d) Any person(s) who willfully or knowingly ships plant pests or biological control agents without the knowledge of the Department, as determined in an administrative hearing, shall be assessed a civil penalty of no less than $100 nor more than $1,000 on each count.
(e) Any person(s) who refuses to comply with this chapter shall be assessed a civil penalty of no less than $100 nor more than $1,000 for each infested or infected unit of plants or plant material.
(f) The payment of penalties assessed under this chapter may be made on a payment schedule approved by the Secretary.
70 Del. Laws, c. 325, §  1;  72 Del. Laws, c. 375, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 12. PESTICIDES › Subchapter I. General Provisions › § 1201. Declaration of purpose.

§ 1201. Declaration of purpose.
The purposes of this chapter are:
(1) To regulate the sale, use and application of pesticides in the interest of the overall public welfare;
(2) To protect the consumer by requiring that pesticides sold in this State be correctly labeled with warnings and adequate directions for use; and
(3) To restrict the use of any pesticides which are found to be so hazardous to people or to the environment that restrictions are necessary in the overall public interest, weighing the benefits and the risks of that use.
3 Del. C. 1953, §  1201;  58 Del. Laws, c. 166;  60 Del. Laws, c. 671, §  1;  84 Del. Laws, c. 42, §§ 1, 11;
2023 Delaware Code › Title 3 - Agriculture › Chapter 12. PESTICIDES › Subchapter II. Regulation of Sale and Use of Pesticides and Devices › § 1204. Registration of pesticides which do not have E.P.A. registration for intended use.

§ 1204. Registration of pesticides which do not have E.P.A. registration for intended use.
(a) This section shall become effective upon certification of the State by the Administrator of E.P.A. pursuant to § 24(c) of FIFRA [7 U.S.C. § 136v].
(b) Every pesticide which does not have E.P.A. registration for the use intended and which is formulated for distribution and use within this State shall be duly registered with the Department in accordance with this section.
(c) Any application for the registration of a pesticide under this section shall be filed with the Department and include the information set forth pursuant to the regulations adopted under § 1203 of this title. The Department may register such pesticide if it determines that:
(1) Its composition is such as to warrant the proposed claim for it;
(2) Its labeling and other material required to be submitted comply with the requirements of this chapter;
(3) It will perform its intended function without unreasonable adverse effects on the environment;
(4) When used in accordance with widespread and commonly recognized practice, it will not generally cause unreasonable adverse effects upon the environment;
(5) The classification for general or restricted use is in conformity with § 3(d) of FIFRA [7 U.S.C. § 136a(d)]; and provided, that the Department shall not make any lack of essentiality a criterion for denying registration of any pesticide. Where 2 pesticides meet the requirements of this paragraph, 1 should not be registered in preference to the other; or
(6) Special local needs exist.
60 Del. Laws, c. 671, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 12. PESTICIDES › Subchapter II. Regulation of Sale and Use of Pesticides and Devices › § 1205. Revocation or suspension of registration.

§ 1205. Revocation or suspension of registration.
(a) The Department may, after due notice, including notice to the registrant and opportunity for a hearing, revoke the registration of a pesticide registered pursuant to this chapter if the pesticide or its labeling does not comply with the requirements of this chapter or the regulations promulgated by the Department, or to prevent unreasonable adverse effects on the environment. A person affected by such revocation may request a hearing before the Department. A hearing shall be held within 30 days after request. Within 30 days after the hearing, the Department shall affirm, withdraw or modify its action by an order based upon the record of the hearing. An appeal from that order may be taken to the Superior Court within 30 days of the date of the order.
(b) The Department may suspend the registration of any pesticide pending the completion of revocation proceedings if the continued use of a pesticide during the time required for revocation proceedings would be likely to result in unreasonable adverse effects on the environment. A revocation order shall be issued with the suspension order so that the hearing procedure may be initiated as provided in cases of revocation of registration. If no request for a hearing is made within 30 days of the suspension order, the revocation order will be effective and the registration is revoked.
58 Del. Laws, c. 166;  60 Del. Laws, c. 671, §  1;
2023 Delaware Code › Title 3 - Agriculture › Chapter 12. PESTICIDES › Subchapter II. Regulation of Sale and Use of Pesticides and Devices › § 1206. Licensing — Required; classification.

§ 1206. Licensing — Required; classification.
(a) No person shall engage in the business of applying pesticides to the lands or personal property of another unless such person has been duly licensed by the Department. Further, no license shall be issued to any person, nor shall it remain valid, unless such person is certified or employs a certified applicator at all times. At least 1 person designated as a certified applicator under the license shall meet the experience requirement specified in §  1207(c) of this title. No license shall be required of any private applicator.
(b) The Department shall classify or subclassify licenses to be issued under this chapter. Such classifications may include, but are not limited to, pest control operators and ornamental, agricultural or right-of-way pesticide applicators. Separate subclassifications may be specified as to ground, aerial or manual methods used by any licensee to apply pesticides and to the use of pesticides to control pests (provided that no person shall be required to pay an additional license fee if such person desires to be licensed in 1 or all of the license classifications provided for by the Department under the authority of this chapter).
60 Del. Laws, c. 671, §  1;  69 Del. Laws, c. 101, §  2;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 234, §  1;