3 Del. Admin. Code § 702-5.0
Current through Register Vol. 28, No. 5, November 1, 2024
Section 702-5.0 - Forestland Preservation Area Restrictions5.1 Any rezoning or major subdivision of real property included in a Forestland Preservation Area is prohibited. [3 Del.C. § 934(a)(1)]5.2 The submission of applications for preliminary rezoning or approval of subdivision plans for any property within a Forestland Preservation Area to a county or municipality shall be considered evidence of the intent to rezone or subdivide and no action shall be taken by any county or municipality on any such application until the expiration of the Forestland Preservation Area Agreement.5.3 During the term of the Forestland Preservation Area Agreement, activities on the property shall be limited to forestry production, forestry operations, forestry management and control, wildlife habitat management, and activities related to the foregoing. [3 Del.C. § 934(a)(2)]5.4 Forestry management, control and related activities allowed on Forestland Preservation Areas are as follows: 5.4.1 Hunting, trapping and fishing, provided such activities are limited to private non-commercial activities that do not adversely affect the forestland use of the property, and provided further that leasing of the property for such non-commercial activities shall be allowed.5.4.2 Easements, licenses and other property interests for utility, telecommunications, and access uses are allowed subject to the requirements set forth in 3 Del.C. § 909(a)(5)(f).5.4.3 The use of portable non-permanent forest planting, harvesting and processing equipment.5.4.4 Conservation, educational and research activities related to forestlands.5.4.5 Ditching for drainage necessary to enhance or preserve forestlands.5.4.6 The grazing of livestock, excluding housing or shelters, subject to prior approval by the State Forester.5.4.7 Timbering and reforestation.5.4.8 Noncommercial private recreational uses such as hiking, horseback riding, and primitive camping, provided such activities do not adversely affect the forestland use of the property.5.4.9 Activities involving best forestland management practices.5.5 No more than 1 acre of land for each 20 acres of usable land in a Forestland Preservation Area, subject to a maximum of 10 acres, shall be allowed for permanent dwelling housing. The seasonal recreational dwelling usage designated pursuant to 3 Del.C. § 933(7) shall be counted against the total allowable permanent dwelling housing acreage. With respect to acreage allowed for dwelling housing there shall be a limit of 3 dwelling houses for residential use placed on the allowable acreage at 3 locations designated by the owner. This limit shall include any pre-existing dwelling housing or the seasonal dwelling usage designated pursuant to 3 Del.C. § 933(7). If however there exists 3 dwelling houses on the real property at the time of approval of the new Forestland Preservation Area, the allowable total number of dwelling housing and the allowable acreage shall be allocated to the existing dwelling houses and no additional dwelling houses, including seasonal dwelling usage, shall be allowed. The aforesaid dwelling housing allowances are subject to any applicable zoning laws and regulations, and the approval of said allowances by the Foundation shall not be considered a representation by the Foundation that said allowances comply with any applicable zoning laws and regulations.5.6 Excavation or filling, borrow pits, extraction, processing and removal of sand, gravel, loam, rock or other minerals is prohibited unless such action is currently required by or ancillary to forestry management, control and related activities allowed on forestland preservation areas.5.7 Activities that would be detrimental to drainage, flood control, water conservation, erosion control or soil conservation are prohibited.5.8 Any other activity that might negatively affect the continued use of the land as forestlands is prohibited.5.9 No conversion of forestland to cropland, pasture-land, open space or other types of land use shall be allowed.5.10 No permanent commercial or industrial structures shall be located on the property.5.11 No disposal, burial, storage, or stock piling of junk, vehicles, equipment, liquid or solid waste or other liquid or solid materials shall be allowed, except that wastewater spray irrigation shall be allowed utilizing best available treatment technology with storage and treatment facilities located on lands outside the Forestland Preservation Area.5.12 The Forestland Preservation Area Agreement and Forestland Preservation Area requirements and benefits shall be binding on the heirs, successors and assigns of property owners within a Forestland Preservation Area. A property owner intending to transfer all or a portion of the property in a Forestland Preservation Area shall provide written notice to the Foundation at least (10) days in advance of the date of transfer of the property, and shall notify the purchaser or transferee that the property is subject to Forestland Preservation Area restrictions. Any transfer of real property in a Forestland Preservation Area shall be preceded by the execution by the transferor and the transferee of an Acknowledgment in the form designated by the Foundation and in recordable form acknowledging the restrictions applicable to the property and the agreement by the transferee to be bound by said restrictions.5.13 Pursuant to 3 Del.C. § 934(d), all restrictions shall be covenants which run with and bind the lands in the Forestland Preservation Area for a minimum of ten (10) years, beginning when the Forestland Preservation Area Agreement takes effect as specified in the Forestland Preservation Area Agreement.3 Del. Admin. Code § 702-5.0
24 DE Reg. 860 (3/1/2021) (final)