3 Del. Admin. Code § 401-3.0

Current through Register Vol. 28, No. 5, November 1, 2024
Section 401-3.0 - Definitions

The following words and terms, when used in this regulation, shall have the following meaning:

"Agricultural lands" means farmlands and forestlands.

"Agricultural use" means all forms of farming, including agriculture, horticulture, aquaculture, silviculture, and activities devoted to the production for sale of food and other products useful to humans which are grown, raised, or harvested on lands and waters.

"Acceptable sediment control stormwater management techniques" means both erosion and sediment control measures and forestry Best Management Practices (BMP).

"Business days" means any day Monday through Friday.

"Buyer" means any individual or firm that regularly purchases standing trees for harvest by the individual or subcontractor.

"Department" means the Delaware Department of Agriculture.

"DFS" means the Delaware Forest Service.

"DNREC" means the Delaware Department of Natural Resources and Environmental Control.

"Forest management activities" means practices, techniques, or activities which are designed for purpose of conserving, protecting, and enhancing the land as forest land over the long-term. Forest management includes perpetuation of tree species; improvement of trees' and forest growth, health, and vigor; protection from fire, and insects and diseases.

"Forester" means a Forester, Senior Forester, Regional Forester, Assistant Forestry Administrator, or Forestry Administrator currently employed by the Delaware Forest Service.

"Intermittent stream with a well defined channel" means a water body which is naturally occurring, and maintains a seasonal flow of water under typical climatic conditions.

"Landowner" means any individual, combination of individuals, partnership, corporation, foundation, non-governmental agency, or association that holds the legal title to the property or land or possessing the right to contract for the cutting operation therein.

"Normal rainfall" means an inch of liquid precipitation in a 24 hour period.

"Open water body" means a bay, lake, or pond where water is present throughout the year. This does not include man-made water channels such as ditches.

"Operator" means any person that operates or exercises control over any silvicultural activity.

"Perennial stream" means a water body with a well-defined channel which maintains a continuous flow of water throughout the year under typical climatic conditions. This does not include man-made water channels such as ditches.

"Permittee" means any individual or firm that has a Delaware Erosion and Sediment Law Notification Form and Permit that has been approved by the DFS.

"Pollution" means the 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 the health of animals, fish or aquatic life; (b) unsuitable with reasonable treatment for use as present or possible future source as a public water supply; or unsuitable for recreational, commercial, industrial, agricultural, or other reasonable uses.

"Secretary" means the Delaware Secretary of Agriculture.

"Shearing and piling" means preparing a site for reforestation by using a crawler tractor with a shear blade, commonly known as a "K-G blade" to cut off at ground level any trees or shrubs that remain after a timber harvest. This brush and debris is then piled in rows by a crawler tractor with a root raking blade. The spacing between the rows of debris is determined on site, and tree seedlings are planted between the rows.

"Silvicultural activity" means any forest management activity, including harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation.

"Streamside Management Zone" or "SMZ" means an area of 50 feet or more on both sides of the banks of perennial and intermittent streams and bodies of open water where extra precaution is used in carrying out forest practices in order to protect bank edges and water quality.

3 Del. Admin. Code § 401-3.0

28 DE Reg. 287 (10/1/2024) (Final)