7 Del. Admin. Code § 9202-3.0

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

Section 9202-3.0 - Natural Areas

3.1 Any site located in the State may be nominated as a Natural Area by a person or entity.

3.2 Any person or entity may request a site be delisted from the Registry.

3.3 Request for nomination or delisting of a site as a State-registered Natural Area shall be made to the ONP on a nomination/delisting form provided by the Department. The form requires, at a minimum, the following information:

. Name, address and phone number of the property owner;

. The location of the site;

. A description of the site characteristics;

. A description of the significance, or lack thereof, of the site;

. The person or entity proposing the nomination/delisting.

3.4 All nomination/delisting requests require site visits to consider the ecological, geological, and/or archaeological significance of a nominated site or a site proposed for delisting.

3.5 It is the responsibility of the ONP to notify the landowner if an application for nomination or delisting of a site for the State Registry of Natural Areas is submitted to the Department. The ONP will notify the landowner as to when the Council and the Secretary of the Department will consider the nomination/delisting request so as to provide the landowner opportunity to participate in the nomination/delisting process.

3.6 The ONP shall consider the ecological, geological, and archeological significance of a nominated site or a site proposed for delisting according to Guidelines for Natural Area Selection developed by the Department and in consultation with a Technical Committee comprised of, but not limited to, resource professionals from the following, or their successor:

3.6.1 Division of Fish & Wildlife's Natural Heritage and Endangered Species Program;

3.6.2 Department of State's Division of Historical and Cultural Affairs;

3.6.3 Delaware Geological Survey.

3.7 The Technical Committee shall be convened by the ONP. The composition of the Committee may change as various sites are considered for registration on or removal from the State Registry of Natural Areas.

3.8 Within one hundred and twenty (120) days after receipt of any nomination or delisting form and any other information that may be required by the ONP, the Technical Committee will provide its analysis of the attributes of the site to the ONP. The ONP shall then advise the Council whether a site is appropriate for inclusion on or delisting from the State Registry of Natural Areas.

3.9 The Council and the ONP shall provide their respective recommendations to the Secretary as to whether the site should be included on or delisted from the Registry.

3.10 After the Secretary determines that a site may be placed on or removed from the State Registry of Natural Areas, he/she will sign the Nomination form or Delisting form.

3.11 For purposes of implementing the Natural Areas Preservation System law, the existing State Registry of Natural Areas, and the associated map approved by the Secretary of the Department dated September 26, 2006 is in full effect and considered to be the State Registry of Natural Areas at the time of adoption of these regulations.

3.12 Only sites on the State Registry of Natural Areas shall be considered for Nature Preserve dedication.

7 Del. Admin. Code § 9202-3.0