7 Del. Admin. Code § 9202-2.0

Current through Register Vol. 28, No. 5, November 1, 2024
Section 9202-2.0 - General Definitions

As used in these Regulations, the following terms shall have the meanings set forth here:

"Articles of Dedication" means the writing by which any estate, interest or right in an area is formally dedicated as a Nature Preserve as permitted by 7 Del.C. § 7306. Articles of Dedication are legally recorded documents that permanently preserve the property.

"Conservation Values" means natural, geological, or archaeological features specific to each Nature Preserve which are protected and preserved through Articles of Dedication.

"Council" means the Natural Areas Advisory Council - a Governor-appointed advisory body as established by 7 Del.C. § 7305 to advise the Secretary of the Department on the preservation of Natural Areas and on the administration of Nature Preserves.

"Dedication" means the transfer to the Department, for and on behalf of the State, of an estate, interest or right in an area in any manner permitted by 7 Del.C. § 7306.

"Delisting" means a process whereby the landowner or the ONP a person or entity can submit a delisting form provided by the ONP to request a specific site for removal from the State Registry of Natural Areas.

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

"Guidelines for Natural Area Selection" defines criteria and standards necessary in selecting a State-registered Natural Area based on vegetation community, species rarity, and geological and/or archaeological features. These Guidelines are periodically reviewed by the NAAC and ONP and are available for review from the ONP.

"Management Practices" means activities that may or may not take place within a Nature Preserve consistent with the uses and purposes for which the land is dedicated.

"Nature Preserve" means a Natural Area, any estate, interest or right in which has been formally dedicated under 7 Del.C. § 7306. Dedicating Natural Areas as a Nature Preserve is a voluntary process entered into by the landowner or, in the case of public lands, by voluntary act of the agency having jurisdiction over said lands.

"Nature Preserve Management Guidelines" means a list of Management Practices considered when crafting Articles of Dedication for a Nature Preserve as permitted by 7 Del.C. § 7306. The Management Guidelines are periodically reviewed by the NAAC and ONP and are available for review from the ONP.

"Natural Area" means an area of land or water, or of both land and water, whether in public or private ownership, which either retains or has reestablished its natural character (although it need not be undisturbed), or has unusual flora or fauna, or has biotic, geological, scenic or archaeological features or scientific or educational value.

"Nomination" means a process whereby a person or entity can submit a nomination form provided by the ONP to request a specific site for consideration as a State-registered Natural Area.

"ONP" means the Office of Nature Preserves, located within the Department and authorized to implement the Natural Areas Preservation System law.

"Registration" means the act of accepting a site onto the State Registry of Natural Areas.

"Secretary" means the Secretary of the Department of Natural Resources and Environmental Control.

"StateRegistry of Natural Areas" means a list identifying all State-registered Natural Areas accompanied by a map on file at the ONP.

7 Del. Admin. Code § 9202-2.0