3 Del. Admin. Code § 701-1.0

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

Section 701-1.0 - Criteria for District Eligibility

1.1 In order to qualify for the Agricultural Lands Preservation Program, the lands proposed as an Agricultural Preservation District in the application must meet the following minimum criteria:

1.1.1 owner(s) shall hold fee simple title to all land to be placed in a District and must be actively using the property for "agricultural and related uses";

1.1.2 must constitute at least 200 acres of contiguous farmland or lesser acreage if the farmlands are located within three (3) miles of an established District;

1.1.3 shall be zoned for agricultural purposes and shall not be subject to any major subdivision plan;

1.1.4 applicant(s) including all fee simple title holders, must sign a written agreement committing to District restrictions set forth in this Section and 3 Del.C. § 909 and other adopted requirements;

1.1.5 must be viable and productive agricultural land comprising a farm property unit and meet the minimum County Land Evaluation and Site Assessment (LESA) scoring requirements for eligibility as established by the Foundation; [3 Del.C. § 908 (a)(3)]

1.1.6 must include all of the eligible real property located in the tax parcel or tax parcels subject to application.

1.2 For the purposes stated in this chapter, the phrase "viable and productive agricultural land" is defined as land that qualifies under provisions of the Farmland Assessment Act. [9Del.C. §§ 8329 - 8333]

1.3 The minimum LESA score for an eligible District or Expansion shall be 170 points out of a possible 300 points for each county in the State as computed under the currently approved LESA program of the Delaware Department of Agriculture.

1.4 The LESA score for agricultural lands is the primary factor in evaluating the eligibility of agricultural lands for inclusion in Districts and expansions, including the eligibility for purchase of preservation easements.

3 Del. Admin. Code § 701-1.0

19 DE Reg. 482 (12/1/2015) (Final)