3 Del. Admin. Code § 702-4.0

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

Section 702-4.0 - Creation of a Forestland Preservation Area

4.1 To establish a Forestland Preservation Area, the application must be approved by the Foundation and the State Forester. [3 Del.C. § 932(a)]

4.2 After review by the Foundation and State Forester, the application is subject to a review period of thirty (30) days in which the Secretary of Agriculture may approve or reject the application. The application shall be deemed officially approved at the end of the review period if it is not approved or rejected by the Secretary of Agriculture. [3 Del.C. § 919 and 938]

4.3 The property legally becomes a Forestland Preservation Area when the applicant and Foundation Chairperson (or designee) have signed the Forestland Preservation Area Agreement and no rejection has been exercised by the Secretary of Agriculture, or the Secretary of Agriculture has specifically approved the application.

4.4 Copies of the Forestland Preservation Area Agreement shall be filed with the County Planning and Zoning and Tax Assessor's Offices and recorded in the Office of the Recorder of Deeds. The Foundation shall require from these Offices proof of recording, receipt of the Forestland Preservation Area Agreement, or both.

4.5 The Foundation shall endeavor to provide written notification of the date of establishment of the Forestland Preservation Area and provide a copy of the Forestland Preservation Area Agreement to the applicant, however, the failure of the Foundation to satisfy any formality following execution of a Forestland Preservation Area Agreement shall not affect the validity of the Forestland Preservation Area Agreement.

3 Del. Admin. Code § 702-4.0

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