§ 6937 — Purchase of native plants [For application of this section, see 84 Del. Laws, c. 451, § 3]

Delaware § 6937

• Jurisdiction: Delaware
• Title: 29
• Part: Budget, Fiscal, Procurement and Contracting Regulations
• Ch. 69: STATE PROCUREMENT
• Subch.: Materiel and Nonprofessional Services

Text

(a) For purposes of this section:

(1) “Athletic field” means land that is used for athletic events and does not include land that is adjacent to the playing area.

(2) “Cultivar” means a genetic variant of a native species that enhances a particular trait and is maintained by propagation.

(3) “Golf course” means land that is used for playing the game of golf and does not include land that is adjacent to the playing area.

(4) “Historic” means a historic resource as defined in § 1803 of Title 30, a “certified historic property” as defined in § 1812 of Title 30, or property otherwise designated as historic on a landscape plan kept by an agency and available for public review.

(5) “Invasive plant” means a plant on the Invasive Plant List under § 2904 of Title 3.

(6) “Lawn” means an area of short, mown grass.

(7) “Native plant” or “native species” means a plant that occurs naturally in the eastern temperate forest ecoregion of the United States. “Native plant” includes any viable portion of a plant, including seeds.

(8) “Pasture” means land covered with grass and other low plants suitable for grazing animals.

(9) “Secretary” means the Secretary of the Department of Agriculture.

(b) (1) The Secretary shall adopt regulations that maintain a list of native plants that are generally available and appropriate for the needs of agencies.

(2) The Secretary shall adopt regulations under paragraph (b)(1) of this section with the advice of the Department of Natural Resources and Environmental Control and the Delaware Native Species Commission.

(c) (1) Except as provided under this section, an agency shall purchase only native plants in the development of new landscaped areas and in the rehabilitation of existing landscaped areas, including parks and landscaped areas surrounding buildings.

(2) An agency may also purchase any of the following:

a. A cultivar of a native species.

b. A hybrid of a native species, if the hybrid is a cross of 2 native species.

c. A wildlife habitat seed mix consisting of more than 75% native plant seed.

(d) If the plant is not an invasive plant, an agency may purchase a plant that is not allowed under subsection (c) of this section for any of the following purposes:

(1) Land purchased and managed as an historic property.

(2) Appropriate habitats for zoo animals.

(3) Agriculture, including crop fields, pastures, and fruit or vegetable gardens.

(4) Areas maintained as grass or turf, including lawns, athletic fields, golf courses, and a right-of-way along a road. Agencies are encouraged to minimize grass or turf areas and instead, use meadow areas and natural habitats.

(5) Botanical gardens.

(6) Plots used for ecological research.

(7) Flowering annuals and bulbs, within landscape beds.

(8) Any of the following, if approved by the Department of Natural Resources and Environmental Control or the Department of Agriculture:

a. Wildlife plantings for food or habitat.

b. Land where no plants allowed under subsection (c) of this section can thrive.

c. For trees, any of the following:

1. A lack of commercial availability.

2. Maintenance needs of the tree or property.

3. General safety, such as preventing tripping hazards from shallow spreading roots.

(e) (1) If an agency cannot purchase a plant under this section, the agency may not accept a donation of that plant.

(2) This section applies to plants purchased after December 31, 2025, and applies to both new landscaped areas and the rehabilitation of existing landscaped areas.

(3) Notwithstanding paragraph (e)(2) of this section, an agency may maintain plantings that cannot be purchased under this section if the planting was established before January 1, 2026.

Legislative History

84 Del. Laws, c. 451, § 1