Title 3, Agriculture

§ 905. Delaware Farmland Preservation Fund. (a) The Delaware Farmland Preservation Fund is created and shall be maintained, administered, operated and supervised by the Foundation to implement the provisions of this chapter. (b) All moneys received by the Foundation or designated…

§ 906. Farmland Preservation Advisory Boards [Repealed].68 Del. Laws, c. 118, § 2; 70 Del. Laws, c. 186, § 1; 84 Del. Laws, c. 42, § 8; repealed by 85 Del. Laws, c. 531, § 2, effective Sept. 24, 2026.;

§ 907. Establishment of Agricultural Preservation Districts. (a) Any owner or owners of contiguous farmland and/or forestland containing at least 200 usable acres of such lands located in the State may submit on a voluntary basis, on such forms as the Foundation prescribes, an ap…

§ 908. Criteria for eligibility and review. (a) In order to be considered eligible for inclusion in an Agricultural Preservation District, an application which qualifies under the requirements of § 907(a) or (d) of this title shall satisfy the following criteria: (1) The owner or…

§ 909. District restrictions. (a) The farmlands and forestlands included in an Agricultural Preservation District are subject to the following restrictions: (1) No rezoning or major subdivision of the real property shall be allowed; (2) Activities conducted on the real property s…

§ 910. Agricultural use protections. (a) Normal agricultural uses and activities conducted in a lawful manner are preferred and priority uses and activities in Agricultural Preservation Districts. In order to establish and maintain a preference and priority for such normal agricu…

§ 911. District benefits. (a) Owners of real property located in an Agricultural Preservation District shall, with respect to such real property, be entitled to the following benefits: All unimproved land shall be exempt from: (1) Taxation otherwise imposed under Chapter 83 of Ti…

§ 913. Acquisition of agricultural lands preservation easements. (a) The Foundation, subject to the availability of funds and compliance with the requirements of this subchapter, shall be entitled to acquire, maintain and enforce agricultural lands preservation easements for land…

§ 914. Criteria for eligibility and evaluation. (a) In order for the Foundation to acquire an agricultural lands preservation easement it shall be required that: (1) The grantor of the preservation easement has fee simple title to the real property and conveys the easement free a…

§ 915. Procedure for acquisition easements. The Foundation shall adopt, after public hearing, a uniform procedure for acquiring agricultural lands preservation easements. The procedure adopted by the Foundation may incorporate bidding and/or negotiation as part of the procurement…

§ 916. Valuation of easements. (a) The maximum value of any preservation easement to be purchased shall be the difference between the fair market value of the land under its agricultural zoning designation and the agricultural value of the land. The fair market value of the land …

§ 917. Termination of easement. (a) Legislative intent. — It is the intent of the General Assembly that the preservation easements purchased under this subchapter be held by the Foundation for as long as profitable farming is feasible on the land subject to the easement but at a …

§ 918. Benefits of easement conveyance. In addition to the district benefits set forth in § 911 hereof of this title, the owner of real property subject to a preservation easement shall be entitled to exemption from taxation for the transfer of any interest in such real property …

§ 919. Right of rejection. (a) Notwithstanding any provision contained herein to the contrary, the Secretary of the Department of Agriculture shall be entitled, within 30 days of the date of decision of the Foundation, to reject the establishment or expansion of any Agricultural …

§ 920. Enforcement of restrictions. (a) The Foundation shall be entitled to take action in any court of competent jurisdiction to enforce any restrictions or requirements imposed under this chapter, duly adopted regulations and binding legal instruments. In any such action the Fo…

§ 921. Funding. (a) The Director of the Office of Management and Budget and the Controller General are authorized to transfer the sum of $48,000 from the Office of Management and Budget Contingency Appropriation Salary, (10-02-04), contained in Senate Bill No. 500 of the 135th Ge…

§ 922. Condemnation of Preservation District lands. Nothing contained in this chapter shall prohibit the exercise of powers of eminent domain or condemnation with respect to lands located in an Agricultural Preservation District; provided, however, that the compensation paid for …

§ 923. Interim Foundation staffing. (a) Until such time that funding is available to support a permanent Foundation staff, the staff support necessary for Foundation activities provided under this chapter shall be provided by the Agricultural Lands Preservation Section of the Dep…

§ 924. Governmental cooperation. All municipalities, political subdivisions and every department, agency or public body of the State is hereby authorized and empowered to cooperate with, aid and assist the Foundation in effectuating this chapter and any amendment hereof or supple…

§ 925. Recording. The Foundation shall submit executed documents for recording in order to fully implement and enforce the provisions of this chapter. The offices of the Recorder of Deeds for the respective counties shall receive and appropriately index any such documents submitt…

§ 926. Tax status. The duties and functions exercised by the Foundation under this chapter, and any amendments hereof or supplements hereto, are and will be in all respects for the benefit of the people of the State and for the protection of their health and welfare. To this end,…

§ 927. Judicial review. Judicial proceedings to review any rule, regulations or other action of the Foundation or to determine the meaning or effect thereof may be brought in the Superior Court of this State, provided such review is requested within 30 days from the date of the p…

§ 928. Public hearings. For any public hearing conducted under the provisions of this chapter, the Foundation shall provide at least 20 days advance notice published in a daily newspaper of general circulation throughout the State. For a public hearing on a regulation or plan pro…

§ 929. Construction of chapter. This chapter and the regulations promulgated thereunder shall be construed liberally to effectuate the legislative intent and as complete authority for the performance of each and every act and thing herein authorized.68 Del. Laws, c. 118, § 2;

§ 930. Rules and regulations; investigations; review by Attorney General. (a) The Secretary of the Department of Agriculture may establish and promulgate such rules and regulations as he or she deems necessary to enforce the state policy established under this chapter. (b) Whenev…

§ 931. Purpose, policy and intent. It is the declared policy of the State to conserve, protect and encourage the proper utilization of the State’s forestland resources. The forestlands of the State are a renewable resource which provide economic, environmental and social benefits…

§ 932. Establishment of forestland preservation areas. (a) Any owner or owners of contiguous forestland containing at least 10 acres of such lands located in the State and outside of a designated growth zone may submit on a voluntary basis, on such forms as the Foundation prescri…

§ 933. Forestland preservation area criteria for eligibility and review. In order to be considered eligible for inclusion in a forestland preservation area, an application which meets the requirements of § 932 of this title shall satisfy the following criteria: (1) The owner or o…

§ 934. Forestland preservation area restrictions. (a) The forestlands included in a forestland preservation area shall be subject to the following restrictions: (1) No rezoning or major subdivision of the real property shall be allowed; (2) Activities conducted on the real proper…

§ 935. Forestland use protections and benefits. (a) Owners of real property located in a forestland preservation area shall be entitled to the same protections provided to the owners of real property in Agricultural Preservation Districts under the provisions of § 910 of this tit…

§ 936. Acquisition of forestland preservation easements. (a) The Foundation, subject to the availability of funds, shall be entitled to acquire, maintain and enforce forestland preservation easements for lands which are located in forestland preservation areas. The purchase of fo…

§ 937. Forestland preservation easement criteria for eligibility and evaluation. (a) In order for the Foundation to acquire a forestland preservation easement it shall be required that: (1) The grantor of the forestland preservation easement has fee simple title to the real prope…

§ 938. Right of rejection. The Secretary of the Department of Agriculture shall, with respect to the approval of a forestland preservation area or the approval of purchase of forestland preservation easements, be entitled to reject such approvals in the manner and subject to the …

§ 939. Enforcement of restrictions. The Foundation is authorized to take those actions and exercise the authority and entitlements set forth under § 920 of this title to enforce the restrictions and other provisions which apply to forestland preservation areas, forestland preserv…

§ 940. Condemnations. The provisions of § 922 of this title as they apply to land located in agricultural preservation districts shall also apply to the real property located in forestland preservation areas and real property subject to forestland preservation easements, and the …

§ 941. Program participation. The owners of farmlands and forestlands included in Agricultural Preservation Districts shall be entitled to apply to sell an agricultural lands preservation easement to the Foundation under the provisions of subchapter III of this chapter, and concu…

§ 942. Purpose, policy and intent. In furtherance of the declared policy of the State to conserve, protect and encourage use and improvement of agricultural lands and to encourage, promote and protect farming as a valued occupation it is important to provide a means of facilitati…

§ 943. Loan program. There is hereby established a farmland purchase and preservation loan program to be administered by the Foundation.78 Del. Laws, c. 157, § 1;

§ 944. Loan program eligibility. (a) In order to receive loan moneys from the Foundation for the purchase and preservation of farmlands the following eligibility criteria shall apply: (1) The loan recipient shall be at least 18 years of age and no older than 40 years of age at th…

§ 945. Loan requirements and approval. (a) The following requirements and conditions apply to loans provided by the Foundation: (1) The maximum total amount of loans provided to an individual recipient shall not exceed $500,000. (2) The maximum loan amount for any loan shall not …

§ 946. Preservation easements. (a) The preservation easements provided as a condition for receiving a loan under this subchapter shall include, but not be limited to, the following conditions: (1) The preservation easement binds and runs with the farmland in perpetuity, and is no…

§ 947. Preservation Loan Fund. There is hereby established a Preservation Loan Fund to be maintained, operated, supervised and administered by the Foundation, and used for making loan payments and related transaction costs and expenses for the loans provided under this subchapter…

§ 948. Administration. (a) In carrying out the responsibilities of administering the loan program the Foundation shall be entitled to: (1) Adopt an application and other forms for processing applications and closing loan transactions. (2) Establish a prequalification system for p…

§ 949. Secretary’s veto. With respect to any loan application approved by the Foundation under this subchapter, the Secretary shall be entitled to veto any such approval at the time that the approval is granted. In the event the Secretary fails to exercise the veto power at the m…