§ 7501. Short title.

§ 7501. Short title. This chapter shall be known and may be cited as the “Delaware Land Protection Act.” 67 Del. Laws, c. 352, § 1; 

§ 7502. Declaration of policy.

§ 7502. Declaration of policy. The General Assembly finds that: (1) The provision of lands for public recreation and conservation of natural resources promotes biological diversity, public health, prosperity and general welfare and is a proper responsibility of government. (2) Lands now provided for such purposes will not be adequate to meet the needs of […]

§ 7503. Purpose.

§ 7503. Purpose. (a) State agencies may permanently protect land for the following purposes, to carry out and expand on the intent of the Open Space Program: (1) To protect and conserve all forms of natural and cultural resources. (2) To protect and conserve the biological diversity of plants and animals and their habitat. (3) […]

§ 7504. Definitions.

§ 7504. Definitions. As used in this chapter: (1) “Conservation Trust Fund” means the Delaware Land and Water Conservation Trust Fund established and maintained pursuant to subchapter II of Chapter 54 of Title 30. (2) “Council” means the Delaware Open Space Council established pursuant to this chapter. (3) “Cultural resource site” means land that contains […]

§ 7505. Delaware Open Space Council.

§ 7505. Delaware Open Space Council. (a) There is created a Delaware Open Space Council to advise the Secretary on all matters relating to the administration, implementation, and financing of the Open Space Program; site selection; methods of protection; and interagency and intergovernmental coordination among public agencies and private land preservation organizations. The Council shall […]

§ 7506. Powers and duties of the Council.

§ 7506. Powers and duties of the Council. In addition to its other powers and duties provided in this chapter, the Council shall: (1) Advise and consult with the Secretary, Department, and State agencies on preservation matters. (2) Advise and consult with the Secretary regarding any change from permanently protected status of open space acquired […]

§ 7507A. . . Open space: criteria, evaluation, and permanent protection.

§ 7507A. . Open space: criteria, evaluation, and permanent protection. (a) To be eligible for permanent protection, an area of land must include or exhibit, in whole or in part, 1 or more of the following criteria: (1) Contains rare species, as determined by on-site verification conducted with landowner permission which is provided in writing. […]

§ 7507B. Access to land; limitations on use and disclosure of data.

§ 7507B. Access to land; limitations on use and disclosure of data. (a) A representative of the Council or state agency may access land being considered for permanent protection to perform onsite verification to gather information about the land only after the landowner executes a written permission form granting the Council or State agency representative […]

§ 7509. Program administration.

§ 7509. Program administration. (a) The Department shall administer the Open Space Program. Direct costs associated with the administration of the Open Space Program shall be paid from the Conservation Trust Fund. (b)–(d) [Repealed.] (e) Reporting to the Governor and General Assembly. (1) Five years after August 3, 2016, and every 5 years thereafter through […]

§ 7510. Zoning and use.

§ 7510. Zoning and use. Notwithstanding any provision of this chapter to the contrary, no open space or other area acquired primarily for recreational use shall be rezoned, neither shall there be a change in the use of any such lands requiring a variance or subdivision approval, except upon 45 days prior notice to all […]