3 Del. Admin. Code § 702-1.0

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

Section 702-1.0 - Criteria for Forestland Preservation Area Eligibility

1.1 In order to qualify for the Agricultural Forestland Preservation Program, the lands proposed as a Forestland Preservation Area in the application must meet the following criteria:

1.1.1 The owner or owners shall hold fee simple title to all land to be placed in the Forestland Preservation Area;

1.1.2 The land must constitute a contiguous area of trees or forest and cover at least 10 acres in size and be capable of being timbered and reforested, as determined by the State Forester;

1.1.3 The land shall be zoned to allow for agricultural or open space uses and shall not be subject to any major subdivision plan;

1.1.4 The applicant or applicants, including all fee simple title holders, must sign a written agreement committing to the Forestland Preservation Area restrictions set forth in this Section and 3 Del.C. § 934 and other adopted requirements;

1.1.5 The land must be viable and potentially productive forestlands;

1.1.6 The land must be located outside a designated Growth Zone, as that term is defined in 3 Del.C. § 902(11);

1.1.7 The land must not be subject to an existing conservation or preservation easement or other restriction which prohibits development;

1.1.8 The land proposed for inclusion shall include all of the eligible forestlands located in the tax parcels subject to the application, and no eligible real property shall be carved out or otherwise excluded. One (1) location containing no more than one (1) acre of land may be designated for seasonal recreational dwelling usage provided that the property proposed for inclusion contains at least 30 acres and the use of the designated area does not adversely affect the forestlands of the property. The owner may designate up to three residential locations as permitted under 3 Del.C. § 933(8)(b), provided that any seasonal recreational dwelling shall be counted against the total allowable dwelling units;

1.1.9 No more than one (1) acre of land for each 20 acres of usable forestlands, up to a maximum of 10 acres, can be used for permanent dwelling housing;

1.1.10 The land shall have a forest management plan prepared by a professional forester that addresses the landowner's forest management goals for the land. The plan shall contain, at a minimum, aerial and soil maps of the land, a description and analysis of the forest by management unit, silvicultural prescriptions for each management unit, shall be revised and updated at least once every five years, and shall be available for inspection by the State Forester's office.

1.2 For the purposes stated in this chapter, the phrase "viable and potentially productive forestlands" is defined as land that is capable of being timbered and reforested as determined by the State Forester.

3 Del. Admin. Code § 702-1.0

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