§ 2404. Importation; transportation; elimination.
§ 2404. Importation; transportation; elimination. (a) It shall be unlawful to import designated noxious weeds into this State, or to transport designated noxious weeds within this State, in any form capable of growth, except for purposes of research with the prior written approval of the state Department of Agriculture. It shall be unlawful to knowingly […]
§ 2405. Prosecution of violations.
§ 2405. Prosecution of violations. Failure to comply with the provisions of this chapter may result in the assessment of a civil penalty. No civil penalty shall be imposed until an administrative hearing is held before the Secretary or the Secretary’s designee after due notice has been given to the landowner or person who possesses […]
§ 2406. Hearing procedure and appeals.
§ 2406. Hearing procedure and appeals. All hearings which are held to enforce the provisions of this chapter shall be conducted by the Secretary or the Secretary’s designee. The landowner or person who possesses or has use of the land shall have the right to appear personally, and to be represented by counsel, and to […]
§ 2407. Penalties.
§ 2407. Penalties. (a) Any person who interferes with the Department of Agriculture in the enforcement of this chapter as determined in an administrative hearing, shall be assessed a civil penalty of no less than $50 nor more than $500 on each count. (b) Any person who refuses to comply with the provisions of this […]
§ 2408. Cutting and spraying of noxious weeds by the Department of Transportation.
§ 2408. Cutting and spraying of noxious weeds by the Department of Transportation. The Department of Transportation shall cut down, or cause to be cut down, noxious weeds growing in the rights-of-way over which it has charge or supervision, as often in each year as shall be sufficient to prevent them from going to seed. […]
§ 2402. Department of Agriculture — Investigations; designation of species; rules; programs of control; acceptance of grants; Weed Advisory Committee.
§ 2402. Department of Agriculture — Investigations; designation of species; rules; programs of control; acceptance of grants; Weed Advisory Committee. (a) The state Department of Agriculture may make such investigations, studies and determinations as it may deem advisable in order to ascertain the extent of growth and infestation of noxious weeds in this State, and […]
§ 2403. Same — Agreements relating to eradication.
§ 2403. Same — Agreements relating to eradication. The state Department of Agriculture may enter into an agreement with any designated county in this State for the purpose of control and eradication of designated noxious weed within that county. When such an agreement is executed and certified in writing to the Secretary of State, the […]
§ 2401. Declared public and common nuisance.
§ 2401. Declared public and common nuisance. The existence of growth of a noxious weed is declared to be a public and common nuisance. 3 Del. C. 1953, § 2401; 57 Del. Laws, c. 701; 63 Del. Laws, c. 360, § 1;