3 Del. Admin. Code § 401-6.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 401-6.0 - Land Use

6.1 Delaware's Forestry Practices E & S regulations are designed for silvicultural activities where the land is to remain under forested land use or agricultural use for a minimum of 10 years.

6.2 However, should the landowner choose to change the land use from forested lands to another land use, the new land treatment activity would no longer fall within the jurisdiction of the Delaware Forest Service. Land clearing activities are regulated under the Department of Natural Resources and Environmental Control's (DNREC) Sediment and Stormwater Management law. For conversion to agricultural cropland use, the designated agencies are the local Conservation Districts in each county. For conversion to other non-forest uses, the DNREC Division of Soil and Water Conservation, Sediment and Stormwater Section has regulatory authority. Thus, the owner or operator will be required to receive approval from the appropriate agency prior to initiating any activity on the site.

6.3 Therefore, as enumerated above, the Land Use Declaration of Intent Form is required to receive approval under this law. However, in cases where the land use is to change, the Delaware Forest Service, in accordance with a Memorandum of Understanding with DNREC Division of Soil and Water Conservation, will notify in writing the appropriate agency of the landowner's intention and provide a copy of this correspondence to the landowner.

6.4 This regulation as well as those of the Stormwater and Sediment law relate to erosion and sedimentation control. Any local, county, state, or federal laws which regulate land use changes, such as wetlands conversion, should be investigated thoroughly prior to initiating conversion of forest land to other uses.

3 Del. Admin. Code § 401-6.0

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