3 Del. Admin. Code § 702-14.0

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

Section 702-14.0 - Ranking Criteria for Forestland Preservation Easement Applications

14.1 A system for ranking Preservation Easement applications is established to assist the Foundation in reaching a final decision.

14.2 Four categories will be utilized to rank the Preservation Easement applications during the Foundation's review period with a maximum score of 220 points. The four categories, each of which is discussed below, are forest productivity, size of discount, proximity to an approved Delaware Forest Legacy Area, and proximity to a state designated Natural Areas. In the event of a tie score, the property with the higher Forest Land Evaluation (LE) will receive the higher ranking. If the tie score is not resolved by the Forest LE scores, then the parcel with the greater acreage will receive the higher ranking.

14.3 Forest Productivity - Forest Land Evaluation Score - 100 Points.

14.3.1 In order to follow a rational, statewide plan for the acquisition of development rights on forestlands, the Foundation will give weight to applications for sale of Preservation Easements based on the land's capacity to produce timber. A property's Forest LE score will be used to reflect this capacity. Forest LE scores range from 0 to 100 with 100 reflecting the best soils for timber production.

14.3.2 Land with multiple soil types with differing LE scores will be categorized based on a weighted area average of the various LE scores.

14.4 Forestland Preservation Easement Discount - 100 Points.

14.4.1 The Foundation will also consider applications for sale of Forest Preservation Easements based on the ability to purchase easements at a discounted cost or donation.

14.4.2 Weight will be given to the owner's willingness to receive a discounted payment from the appraised value of the Forestland Preservation Easement. One point will be awarded for each percentage of discount provided by the owner from the appraised value of the Forestland Preservation Easement.

14.5 Other factors - 20 Points.

14.5.1 Other criteria the Foundation will consider in the ranking of applications for sale of Forest Preservation easements will include the property's natural resource values, in addition to timber, and its location relative to lands designated as high priority for protection by the State.

14.5.2 Ten (10) points will be awarded if the property is located within a an approved Delaware Forest Legacy Area (FLA). A property shall be considered within FLA if at least half of the property's area is located within the FLA.

14.5.3 Ten (10) points will be awarded if the property is located within a state-designated Natural Area as defined in 7 Del.C. Ch. 73. A property shall be considered within a Natural Area if at least half of the property's area is located within the Natural Area.

3 Del. Admin. Code § 702-14.0

24 DE Reg. 860 (3/1/2021) (final)