Title 3, Agriculture

§ 1005. Educational and research activities. The Department of Agriculture may, so far as other duties will permit, carry on educational lectures and conduct exhibits on forestry within this State in the various colleges and schools of this State, and may also advance forestry ed…

§ 1006. Distribution of tree seeds and seedlings. The Department of Agriculture may procure, produce, sell and distribute forest tree seeds and seedlings for the purpose of establishing windbreaks and forest growth upon denuded or nonforested lands within this State, in such quan…

§ 1007. Sale of surplus trees. The Department of Agriculture may sell to forestry departments, boards or commissions of neighboring states any surplus supply of young forest trees that it has on hand for which there is no demand within the State, under an understanding that the s…

§ 1008. State forests, parks, experimental stations and demonstration areas. The Department of Agriculture may: (1) Acquire in the name of the State, by purchase, gift or otherwise, lands for the establishment of state forests, state forest parks, experimental stations and demons…

§ 1009. Receipt of gifts; leases; expenditures. (a) The Department of Agriculture may, subject to the approval of the Governor: (1) Receive gifts, donations, contributions and leases of land; (2) Enter into long-term leases or cooperative agreements with private persons, groups o…

§ 1010. Qualifications and appointment of State Forester. The Department of Agriculture shall employ a State Forester, who shall be a technically trained forester of not less than 2 years’ experience in professional forestry work.72 Del. Laws, c. 235, § 2;

§ 1011. Powers and duties of Department generally [Repealed].72 Del. Laws, c. 235, § 2; repealed by 85 Del. Laws, c. 533, § 2, effective Sept. 24, 2026.;

§ 1021. Appointment; term; oath of office. (a) The Department of Agriculture may appoint suitable persons to serve under its direction either voluntarily or under compensation as state forest officers. Each officer so appointed shall be issued a certificate of appointment under t…

§ 1022. General powers and duties; powers and duties within assigned district; duties of owners and lessees. (a) State forest officers shall have police powers similar to constables and other police officers throughout the State for the serving of warrants, summons, writs and oth…

§ 1023. Fish and Wildlife Agents and police officers as ex officio state forest officers. Fish and Wildlife Agents and state police officers shall be state forest officers ex officio and shall have the same powers and authority assigned to state forest officers appointed under th…

§ 1031. Findings and policy. The General Assembly finds and declares that urban and community forests are a necessary and important part of community and urban environments and are critical to the environmental, social and economic welfare of the State. The General Assembly also …

§ 1032. Definitions. As used in this subchapter: (1) “Comprehensive community forestry plan” means a document that describes how a government or other organization will manage the tree resources located on publicly owned lands within its jurisdiction. (2) “Department” means the D…

§ 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 …

§ 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 Gover…

§ 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 …

§ 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 commu…

§ 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 act…

§ 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 c…

§ 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 …

§ 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 wh…

§ 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 …

§ 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 du…

§ 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 o…

§ 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 ther…

§ 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;

§ 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 t…

§ 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 (Liri…

§ 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…

§ 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 o…

§ 1055. Reforestation method; notice required upon transfer. (a) The land involved in a cutting operation may be reforested pursuant to an approved reforestation plan in lieu of the natural regeneration method. The plan shall be prepared by the landowner or the landowner’s agent …

§ 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 a…

§ 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 pr…

§ 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 withdra…

§ 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…

§ 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 s…

§ 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 subseq…

§ 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 re…

§ 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 silv…

§ 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 Fore…

§ 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 withdra…

§ 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…

§ 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 s…

§ 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 subseq…

§ 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;

§ 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 cont…

§ 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 manageme…