§ 901. Purpose, policy and intent.
It is the declared policy of
the State to conserve, protect and encourage improvement of agricultural lands
within the State for the production of food and other agricultural products. It
is also the declared policy of the State to encourage, promote and protect
farming as a valued occupation. Preservation of the State's farmlands and
forestlands is considered essential to maintaining agriculture as a viable
industry and important contributor to
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The following terms shall have
the meanings ascribed to them in this chapter:
(1) "Advisory Board"
or "Advisory Boards" means the Farmland Preservation Advisory Boards
established and appointed by the respective legislative bodies of each county.
(2) "Agricultural
lands" means farmlands and forestlands.
(3) "Agricultural
use" means all forms of farming, including agriculture, horticulture,
aquaculture, silviculture and activities devoted to the production for sale of
food and other products useful to humans which are grown, raised or harvested
on lands and waters.
(4) "Agricultural
value" means the value of the land when subject to the District
restrictions set forth in § 909 of this title and the requirements imposed
under § 914(a)(2) of this title.
(5) "County" means
(6) "Forestlands"
means a contiguous area of trees or forest cover at least 10 acres in size
which is capable of being timbered and reforested as determined by the State
Forester.
(7) "Forestland
preservation agreement" means an agreement executed by an owner or owners
creating a forestland preservation area and binding forestlands to forestland
preservation area restrictions for a period of 10 years and any extended
period.
(8) "Forestland
preservation easement" means the perpetual easement acquired by the
Foundation on forestlands.
(9) "Foundation"
means the Delaware Agricultural Lands Preservation Foundation.
(10) "Fund" means
the Delaware Farmland Preservation Fund.
(11) "Growth zone"
means the areas designated by the Foundation recognizing planned future
development.
(12) "LESA" means
the Land Evaluation and Site Assessment system adopted by the Department of Agriculture
to determine the quality of farmland and forestland and the long-term
agricultural viability of such lands.
(13) "Owner" or
"owners" means the person or persons holding fee simple title to
farmlands and/or forestlands.
(14) "Person" or
"persons" means any individual or individuals, partnership, joint
venture, corporation, association, trust, institution, cooperative enterprise
or duly established legal entity capable of holding title to real property in
the State.
(15) "Preservation
easement" means perpetual agricultural land preservation easements
acquired by the Foundation.
(16) "Professional
forester" means an individual who possesses at least a bachelor's degree
in forestry or a closely related field.
(17) "Unimproved
land" means the open space, the area of land under structures used for
agricultural purposes and the land under lakes, dams, ponds, streams and
irrigation ditches, but shall not include the land used for dwelling housing.
(18) "Usable" means
available and capable of being used for agricultural, horticultural,
aquacultural and forestry production activities.
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§ 903.
(a) There is hereby
established and created a statewide agricultural lands preservation foundation,
a body politic and corporate constituting a public instrumentality of the State
established and created for the performance of an essential public and
governmental function, to be known as the Delaware Agricultural Lands
Preservation Foundation. The Foundation shall be comprised of 12 trustees, all
of whom shall be resident of and qualified to vote in the State. The President
Pro Tem shall appoint 1 member from the Senate and the Speaker of the House
shall appoint 1 member from the House of Representatives each of whom shall
serve an indefinite term. The Governor shall appoint the remaining 10 Trustees
and shall designate 1 Trustee as Chairperson, which Trustee shall serve at the
pleasure of the Governor and be confirmed with the advice and consent of the
Senate. The composition of the 10 members appointed by the Governor to the Board
of Trustees of the Foundation shall be as follows:
(1) The Secretary of the
Department of Agriculture or authorized designee to serve an indefinite term.
(2) The Secretary of the
Department of Natural Resources and Environmental Control or authorized
designee to serve an indefinite term.
(3) The State Treasurer or
authorized designee to serve an indefinite term.
(4) A member and
representative of the Delaware Farm Bureau, to be selected from a list of 3
nominees submitted by the Delaware Farm Bureau, who shall serve an initial term
of 2 years.
(5) A member and
representative of the Delaware State Grange, to be selected from a list of 3
nominees submitted by the Delaware State Grange, who shall serve an initial
term of 2 years.
(6) An individual actively
engaged in farming or some other form of agribusiness who is a resident of New
Castle County and who shall serve for an initial term of 3 years.
(7) An individual actively
engaged in farming or some other form of agribusiness who is a resident of Kent
County and who shall serve for an initial term of 3 years.
(8) An individual actively
engaged in farming or some other form of agribusiness who is a resident of
Sussex County and who shall serve for an initial term of 3 years.
(9) An individual who is a
resident of the State who is designated as Chairperson.
(10) The Chair of the Council
on Forestry or authorized designee to serve an indefinite term.
(b) Upon the expiration of the
terms of the original Trustees having designated terms, the terms of such
Trustee positions thereafter shall be 3 years. For the 4 Trustees appointed to
the positions indicated in subsections (a)(6), (a)(7), (a)(8) and (a)(9) of
this section, Trustees registered in either major political party shall not
exceed the other major political party by more than 1.
(c) In the event of death,
permanent disability, resignation or failure to perform duties of a Trustee,
the Governor shall appoint an interim Trustee to serve the unexpired term of
the departing Trustee, or, in the case of the Chairperson, an interim term not
to exceed 6 months, unless the Chairperson is confirmed with the advice and
consent of the Senate.
(d) For purposes of conducting
business of the Foundation, 6 Trustees shall constitute a quorum. A majority
vote of members constituting the quorum shall be required for action on any
matter before the Foundation. All votes on matters before the Foundation shall
be conducted at meetings open to the public, and such meetings shall be timely
noticed. Nothing shall prevent the Trustees of the Foundation from meeting at
executive sessions which are closed to the public for purposes of discussing
Foundation matters.
(e) The Trustees shall not be
entitled to compensation for the services they provide to the Foundation;
however, each Trustee shall be entitled to reimbursement for actual and
necessary expenses incurred to enable the performance of official duties.
(f) No Trustee shall be
entitled to vote on any matter before the Foundation if such Trustee knowingly
has a financial interest in the outcome of such matter. In the event a Trustee
knowingly has a financial interest, such Trustee shall indicate to the
Chairperson the nature of the interest and the Chairperson shall note for the
record that the Trustee did not vote by reason of conflict of interest. In
situations in which a Trustee or Trustees do not vote by reason of conflict of
interest, the matter pending before the Foundation shall be decided on the
basis of a majority vote of the remaining Trustees present who do not have a
conflict of interest. A Trustee or Trustees having a conflict of interest as
set forth herein shall be counted for purposes of establishing a quorum
provided such Trustee or Trustees are present at the meeting. The fact that a
Trustee or Trustees have not voted by reason of conflict of interest shall in
no way affect the validity of an act or actions taken regarding the matter
before the Foundation.
(g) The Foundation shall
continue until its existence shall be terminated by law. Upon termination of the
existence of the Foundation, all of its rights, properties and liabilities
shall pass to and be assumed by the State.
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