§ 934 — Forestland preservation area restrictions

(a) The forestlands included in a forestland preservation area shall be subject to the following restrictions:

(1) No rezoning or major subdivision of the real property shall be allowed;

(2) Activities conducted on the real property shall be limited to forestry production, forestry operations, forestry management and control, wildlife habitat management, and related activities;

(3) No residential use of the real property shall be allowed, except for the seasonal recreational dwelling usage designated pursuant to § 933(7) of this title hereof;

(4) No conversion of the forestland to cropland, pasture land, open space or other types of land uses shall be allowed.

(5) No permanent commercial or industrial structures shall be located on the real property; and

(6) No mining, commercial excavation or extractive uses shall be conducted on the property.

(7) No disposal, burial, storage, or stock piling of junk, vehicles, equipment, liquid waste, solid waste or other liquid or solid materials, except that wastewater spray irrigation shall be allowed utilizing best available treatment technology with storage and treatment facilities located on lands other than forestland preservation areas.

(b) Forestry management, control and related activities allowed on forestland preservations areas are:

(1) Hunting, trapping and fishing provided such activities are limited to private noncommercial activities and do not adversely affect the forestland use of the property, and provided further that leasing of the property for such noncommercial activities shall be allowed.

(2) Easements, licenses and other property interests for utility, telecommunications, and access uses subject to the requirements set forth in § 909(a)(5)f. of this title;

(3) The use of portable nonpermanent forest planting, harvesting and processing equipment;

(4) Conservation, educational and research activities related to forestlands;

(5) Ditching for drainage necessary to enhance or preserve forestlands; and

(6) The grazing of livestock, excluding housing or shelters, subject to prior approval by the State Forester;

(7) Timbering and reforestation;

(8) Noncommercial private recreational uses such as hiking, horseback riding, and primitive camping, provided such activities do not adversely affect the forestland use of the property; and

(9) Activities involving best forestland management practices.

(c) Any transfer of real property in a forestland preservation area or subject to a forestland preservation easement shall be preceded by the execution by the transferee of a document, in recordable form and as prescribed by the Foundation, which references the restrictions applicable to the real property.

(d) The restrictions set forth in a forestland preservation area agreement shall be deemed covenants which run with and bind the lands in the forestland preservation area for a period of 10 years or any extended period from the date of approval of the forestland preservation area. The real property in a forestland preservation area shall be released from the restrictions at the expiration of the 10-year period if the owner of the forestland provides written notification to the Foundation of the intent to withdraw such lands from the forestland preservation area at least 6 months prior to expiration of the referenced 10-year period; otherwise the real property shall remain as a forestland preservation area for additional 5-year periods until such time that the owner, provides prior to the expiration date of any such additional period, at least 6 months prior written notice to the Foundation of intent to withdraw.

(e) In the event of the purchase of a forestland preservation easement by the Foundation, the restrictions set forth under this section shall become permanent and not subject to release.

Legislative History

75 Del. Laws, c. 201, § 6