2022 Delaware Code
Title 7 - Conservation
Chapter 75. DELAWARE LAND PROTECTION ACT
§ 7507A. . . Open space: criteria, evaluation, and permanent protection.
(a) To be eligible for permanent protection, an area of land must include or exhibit, in whole or in part, 1 or more of the following criteria:
(1) Contains rare species, as determined by on-site verification conducted with landowner permission which is provided in writing.
(2) Has significant potential to support rare species.
(3) Is a cultural resource site or near a cultural resource site.
(4) Includes or enhances important wildlife habitat or migration corridors, or potential wildlife habitat or migration corridors.
(5) Has significant forest resources.
(6) Has wetlands, floodplains, or other lands necessary for the protection of water resources.
(7) Contains significant or unique ecosystems, natural features, or geological features.
(8) Is an inholding, contiguous to or near lands that are already preserved or protected, or planned to be preserved or protected, by federal, state, local, or other conservation agencies, groups, or entities.
(9) Provides for public outdoor recreation.
(10) Allows natural systems or plants and animals to accommodate or adapt to climate change or other large-scale changes in ecosystem processes.
(11) Possesses other characteristics that would make its acquisition consistent with and promote 1 or more of the purposes of this chapter.
(b) Evaluating lands being considered for permanent protection.
(1) The state agencies shall adopt, with the input of the Council and after notice and public hearing pursuant to Chapter 101 of Title 29, guidelines to evaluate land being considered for permanent protection.
(2) The state agencies may amend the guidelines, following the procedure set forth in paragraph (b)(1) of this section.
(3) The state agencies shall use the guidelines to evaluate lands that a landowner has offered for permanent protection to ensure that the land should be permanently protected and that permanently protecting the land furthers the purposes of this chapter.
(c) Protected land maps. —
The Department shall regularly update and make accessible to the public through electronic means maps of the land which is permanently protected in each of the 3 counties in this State.
(1) The protected land maps shall show the land protected by public entities and private land preservation organizations.
(2) The purpose of the protected land maps is to do all of the following:
a. Inform the public of the lands which are permanently protected by public entities and private land preservation organizations.
b. Guide the Council and state agencies in the review and evaluation of land for permanent protection.
c. Inform the public and guide the Council and state agencies about where the Council and state agencies should prioritize the use of funds available for the Open Space Program to further the purposes of this chapter.
(3) The Department shall highlight on the protected land maps only those areas of the State which are protected by public entities or that are conserved by private land preservation organizations. The Department may not highlight privately-owned land on a protected land map.
(d) Permanent protection of land. —
To permanently protect land, all of the following shall occur:
(1) The Council shall do all of the following:
a. Review land that the state agencies bring before it for permanent protection.
b. Recommend to the Secretary the land that the Council determines should be permanently protected.
(2) The Secretary shall review the Council's recommendation and make a final determination whether to permanently protect the land that the Council has recommended under paragraph (d)(1)b. of this section.
