§ 2904. Regulations; designation of plants.
§ 2904. Regulations; designation of plants. (a) (1) The Secretary shall adopt regulations necessary to carry out the purposes of this chapter. (2) The regulations adopted under paragraph (a)(1) of this section shall include all of the following: a. Maintaining the Invasive Plant List. b. Establishing and maintaining the Plant Watch List. (3) The Secretary […]
§ 2905. Acceptance of grants.
§ 2905. Acceptance of grants. The Department of Agriculture and the Department of Natural Resources and Environmental Control may accept, use, or expand a gift, grant, aid, or loan that may be available from any source, public or private, for the purposes of carrying out the provisions of this chapter. 83 Del. Laws, c. 8, […]
§ 2906. Violations.
§ 2906. Violations. (a) A person who violates this chapter is subject to a civil penalty of not less than $50 and not more than $500 for each proven occurrence. (b) Before imposing a penalty under subsection (a) of this section, the Secretary must offer the person advice on compliance with this chapter and an […]
§ 2907. Hearing procedure; appeals.
§ 2907. Hearing procedure; appeals. (a) The Secretary, or the Secretary’s designee shall conduct all administrative proceedings under this chapter. (b) A person accused of violating this chapter has the right to appear personally, to be represented by counsel, and to submit evidence and witnesses in defense of the charges. (c) The Secretary or the […]
§ 2901. Purpose.
§ 2901. Purpose. The purpose of this chapter is to prohibit invasive plant species at their point of sale or delivery into this State. 83 Del. Laws, c. 8, § 1;
§ 2902. Definitions.
§ 2902. Definitions. As used in this chapter: (1) “Invasive plant” means any living part, cultivar, variety, species, or subspecies not native to Delaware identified by the Secretary as having the potential to do all of the following: a. Result in widespread dispersal and establishment. b. Out-compete other species in the same area. c. Exhibit […]
§ 2903. Restrictions on invasive and potentially invasive plants.
§ 2903. Restrictions on invasive and potentially invasive plants. (a) No person may import, export, buy, sell, transport, distribute, or propagate any viable portion, including seeds, of a plant on the Invasive Plant List, unless the Secretary provides prior written approval under subsection (b) of this section. (b) The Secretary may provide written approval for […]