Delaware § 902 Definitions

Delaware Statutes

§ 902 — Definitions

Delaware § 902

JurisdictionDelaware

Title3

PartDepartment of Agriculture

Ch. 9DELAWARE AGRICULTURAL LANDS PRESERVATION ACT

Subch.Establishment of Foundation, Advisory Boards and Fund

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Bluebook

Del. Code tit. 3, § 902 (2026).

Text

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 New Castle Coun

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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 New Castle County, Kent County and Sussex County as referenced.

(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.