2017 Delaware Code
Title 7 - Conservation
CHAPTER 75. DELAWARE LAND PROTECTION ACT
§ 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 or otherwise protected under this chapter.

(3) Develop, in conjunction with the State agencies and with public input, an Open Space Program Plan ("Plan'') for the Council's consideration and approval.

a. The Plan shall include the Council's and state agencies' strategies, goals, and priorities for the application of funds available for the permanent protection of land.

b. The Plan may include analysis and discussion of various creative and innovative methods to secure the permanent protection of open space land, including:

1. Local and regional land trusts.

2. Conservation and preservation easements on a statewide basis.

3. Purchase of less than a fee simple interest in land.

4. Programs to create financial incentives for private sector contributions to establish operations and maintenance funds for open space land protected under this chapter.

5. An analysis, in conjunction with all appropriate public and private conservation entities, of the best practices for fee simple and conservation easement options for protecting forest and freshwater wetland habitats and other land eligible for permanent protection.

c. The Council and state agencies shall review the Plan every 5 years and may update the Plan as necessary.

(4) Encourage the Secretary to analyze, in conjunction with the Department of Finance, the state and local tax codes and formulate incentives to encourage landowners and developers to maintain their lands that qualify as open space in an undeveloped state or to sell or donate such lands to the State or private land preservation organizations.

(5) Encourage the Department, private land preservation organizations, and interested private sector entities to preserve and protect open space for the benefit of the citizens of this State.

67 Del. Laws, c. 352, § 1; 69 Del. Laws, c. 458, § 1; 77 Del. Laws, c. 236, § 1; 80 Del. Laws, c. 354, § 1.;