Delaware General Assembly

AN ACT TO AMEND TITLE 7 AND TITLE 3 OF THE DELAWARE CODE RELATING TO FORESTRY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

(1) The protection of forest lands from fire, disease and insect damage including the application of control measures therefor;

(2) Establishing forest growth on denuded or nonforested lands;

(3) Aiding private forest landowners, operators and processors of primary forest products in applying desirable woodland improvement, management and harvesting practices;

(4) Forest resource research, education and surveys; and

(5) Public recreation.

(a) The State Forestry Fund is continued, to which shall be credited all amounts appropriated by the General Assembly of the State for the administration of Chapters 10, 26 and 91 of this Title, all amounts received through cooperation with the United States government under the act of Congress known as the Clarke-McNary Law [16 U.S.C. §471a et seq.], as well as all other moneys to which the Department of Agriculture or the State Forestry Fund is entitled.

(b) All revenue derived from the sale of products from state forests and from land under the administration of the Department of Agriculture, as well as all collected fees, shall be paid to the State Treasurer and credited by him to the State Forestry Fund for use in connection with state forests.

(a) All moneys received from fines imposed under Chapter 10, 26 or 91 of this Title or any laws enacted for the protection of forest lands shall be paid to the Department of Agriculture and shall be deposited to the State of Delaware General Fund.

(b) Any court before which any prosecution under the forestry laws of this State is finally concluded shall within 20 days thereafter, report in writing to the Department of Agriculture the result thereof, the amount of fine or forfeit collected, if any, and the disposition thereof, and at the same time shall remit to the Department of Agriculture all moneys received from such fines and forfeitures.

(a) The Department of Agriculture may enter into agreements for the prevention and suppression of forest fires with county, municipal and private agencies owning or controlling woodlots, forest or wild lands, or whose activities in whole or in part are directed toward the prevention and suppression of forest fires. All expenditures shall be presented to the Department of Agriculture in monthly statements, in form and manner prescribed by the Department. The Secretary of the Department of Agriculture shall audit the same and transmit such statements to the Secretary of Finance, in accordance with Chapter 65 of Title 29.

(b) The Secretary of the Department of Agriculture shall certify to the Secretary of Agriculture of the United States the amounts thus expended by the State and by private agencies and fulfill any other requirements to obtain the cooperation of the federal government toward forest protection.

The Department of Agriculture may, so far as other duties will permit, carry on educational lectures and conduct exhibits on forestry within this State in the various colleges and schools of this State, and may also advance forestry education by publication. All colleges and schools supported in whole or in part by the State shall furnish such aid to the Department of Agriculture as the circumstances will permit. The Department of Agriculture may also conduct investigations on forestry matters and publish for distribution literature of a scientific or general interest pertaining thereto which may promote the objects of Chapter 10, 26 or 91 of this Title.

The Department of Agriculture may procure, produce, sell, and distribute forest tree seeds and seedlings for the purpose of establishing windbreaks and forest growth upon denuded or nonforested lands within this State, in such quantities and under such regulations as are prescribed by the Department.

The Department of Agriculture may sell to forestry departments, boards or commissions of neighboring states any surplus supply of young forest trees which it has on hand for which there is no demand within the State, under an understanding that the same shall be distributed under regulations substantially similar to those provided for in §1006 of this Title.

(1) Acquire in the name of the State by purchase, gift or otherwise, lands for the establishment of state forests, state forest parks, experimental stations and demonstration areas, and to hold, manage, regulate, control, maintain and utilize the same, but the amount expended for the acquisition of such lands in any biennial period shall not exceed the amount appropriated for the purpose and not otherwise used;

(2) Sell or exchange such forest lands whenever it is of advantage to the state forest interests, if such sale or exchange is approved by the Governor of the State. Any deed or evidence of Title necessary to be given shall be executed on behalf of the State by the Governor, and shall be under the Great Seal of the State;

(3) Set aside within the state forests, unusual or historic groves of trees or natural features particularly worthy of permanent preservation, and may make the same accessible and convenient for public use, and may dedicate them in perpetuity to the people of the State for recreation and enjoyment;

(4) Lease or assign a right for any period not exceeding 10 years to any citizen, public service company, association, organization, public or private agency, on such terms and conditions as are approved by the Department, such portions of any state forest lands under the administrative control of the Department, together with such building, structure, or improvement thereon as shall be deemed advisable by the Department; and

(1) Receive gifts, donations, contributions or leases of land;

(2) Enter into long-term leases or cooperative agreements with private persons or groups of persons or with the federal government through any of its agencies or departments for desirable lands held by them or any of them;

(3) Make expenditures from any funds available to the Department, not otherwise allocated, for managing and developing such state forest areas as in the judgment of the Department further the forest interests of the State.

(b) All lands or rights appertaining thereto acquired in the name of the State by the Department of Agriculture and all lands turned over to the Department by gift, devise, grant, lease, agreement or otherwise shall be held, managed, regulated and controlled by the Department under Chapters 10, 26 and 91 of this Title, as state forest in accordance with law and such grant, devise, lease or agreement as is entered into by the Department as in its judgment will be to the best interest of the people of this State.

The Department of Agriculture shall employ a State Forester, who shall be a technically trained forester of not less than 2 years' experience in professional forestry work.

The Department of Agriculture shall have direction of all forest interests and all matters pertaining to forestry and woodlands within the State. The Department of Agriculture shall execute all matters pertaining to forestry within the jurisdiction of the State; devise and promulgate rules and regulations for the enforcement of the state forestry laws and for the protection of forest lands and impose fines in furtherance thereof; direct the improvement of state forest lands; collect data relative to forest conditions and become familiar with, and inquire into, the locations of all timberland and cutover lands, and prepare maps showing the locations and areas of state forests and privately owned forests, so far as available funds will permit; take such action as is authorized by law to prevent and suppress forest, brush and grass fires; enforce all laws pertaining to forest and brush covered lands and assist in the prosecution, in the name of the State, of violations of those laws; cooperate with the landowners, counties and others in forest production and reforestation; and publish information on forestry as seems conducive to promoting the objectives of Chapter 10, 26 or 91 of this title.

(a) The Department of Agriculture may appoint suitable persons to serve under its direction either voluntarily, or under compensation, as state forest officers. Each officer so appointed shall be issued a certificate of appointment under the hand of the Secretary, and shall be issued a badge as his insignia of authority. The appointee shall hold office until he resigns or his appointment is revoked by the Secretary. Upon termination of appointment, service or authority, the appointee shall surrender and deliver to the Department the certificate, badge and other Department property in his possession.

(b) Before entering upon the duties assigned him, each state forest officer shall take and subscribe the oath or affirmation as prescribed by the Constitution of the State for public officers, and the oath, subscribed by the officer, shall be kept in the files of the Department of Agriculture. Each person appointed and sworn as aforesaid shall be officially known as a state forest officer.

§1022. General powers and duties; Powers and duties within assigned district; duties of owners and lessees.

(a) State forest officers shall have police powers similar to sheriffs, constables and other police officers throughout the State for the serving of warrants, summons, writs or other legal papers issued by any justice of the peace or court having jurisdiction in offenses against any law enacted for the protection of forest, brush, grass or wild lands and they may arrest any person detected by them in the act of, or under such circumstances as warrant reasonable suspicion that such person is committing, or is about to commit an offense against any of the laws enacted for the protection of forest, brush, grass or wild lands in this State and of laws, rules and regulations relating to the protection of any land, property, structure material or vegetation on lands under the administration or control of the Department. A state forest officer shall also have the power to make arrests of persons violating §518 of Title 17 in his presence or view or otherwise upon the issuance of an arrest warrant based on a showing of probable cause that the individual named in the warrant committed the violation.

(b) In addition to the powers and duties assigned in subsection (a) of this Section, each State forest officer may, in any part of the State:

(1) Enter upon any land at any time for the purpose of performing duties in accordance with this Title and no action for trespass shall lie against a State forest officer or others employed by him while working under his direction, if, in entering a property, they shall exercise due care to avoid doing unnecessary damage; and

(2) Arrest on sight, without first procuring a warrant, any person detected in the act of committing an offense against any of the laws enacted for the protection of forest, brush or wild lands from fire, or when he has a reasonable cause to suspect that any person is committing or is about to commit some such offense, and upon such arrest to take the accused before a justice of the peace of the county for hearing and trial.

(c) Each State forest officer shall have the control and direction of persons, material, equipment and property engaged in extinguishing forest fires within the district assigned to him, and such officer shall, when he discovers a fire on or approaching woodlands, forest or wild lands, or whenever such fire has been reported to him, take immediately such measures as are necessary to control and extinguish the same;

(d) Nothing in this Title shall be so construed as to relieve the owner or lessee of lands upon which fires burn or are started, from the duty of extinguishing such fires so far as it lies within his power, and no owner or lessee of land or anyone with a present vested interest in such land shall receive compensation from the State for helping or assisting in the extinguishment of fires upon the lands to which his interest is attached. No person who is responsible for starting a fire shall receive compensation for helping to extinguish such fire.

Fish and Wildlife Agents and state police officers shall be State forest officers ex officio and shall have the same powers and authority assigned to State forest officers appointed under this subchapter.

The General Assembly finds and declares that urban and community forests are a necessary and important part of community and urban environments, and are critical to the environmental, social and economic welfare of the State. The General Assembly also recognizes that the ability of all county and municipal governments to care for and manage their tree resources could be enhanced through technical and financial assistance from a State urban and community forestry program, and that properly planned and implemented local community forestry programs can provide the necessary basis for local governments to develop local tree care programs and improve quality of life. The General Assembly further declares that this chapter only addresses the tree resources on publicly owned lands, and shall in no way interfere with the ability of a landowner to manage and/or harvest his or her forested lands.

(3) ‘Local government’ shall mean a municipality, county or other political subdivision of the State or any agency thereof.

(5) ‘Tree resources’ are those trees located in street right-of-ways, parks and other publicly owned lands.

(6) ‘Urban and community forestry’ shall mean the planting, protection, care and management of trees and other related natural resources located on publicly owned lands within a city, town or municipality.

(1) Assist local governments and public organizations in establishing and maintaining urban and community forestry programs and in encouraging persons to engage in appropriate and approved practices with respect to tree management and care;

(2) Advise local governments and public organizations in the development and coordination of policies, programs and activities for the promotion of urban and community forestry;

(3) Provide grants to local governments and public organizations applying for assistance in tree planting, tree management and the development and implementation of a comprehensive community forestry plan on publicly owned lands to the extent moneys are appropriated or otherwise made available therefor;

(4) Educate citizens on the importance of trees and forests and their role in the maintenance of a healthy environment;

(5) Provide technical assistance, planning and analysis for projects related to urban and community forestry;

(6) Provide training assistance to local governments and public organizations regarding urban and community forestry issues such as tree diseases, insect programs, tree planting and tree maintenance; and

(7) Provide volunteer opportunities for the State's citizens and public organizations interested in urban and community forestry activities.

(a) There is established in the Department a Community Forestry Council, which shall consist of 13 members, appointed by the Secretary. Membership shall include at least 1 representative from the USDA Cooperative Extension System, Governor's Forestry Advisory Council, the Master Gardener program, Delaware Association of Nurserymen, an arborist or similar tree care expert, county or municipal government official, a member of an institution of higher learning within the State who possesses urban forestry expertise, as well as a private citizen from each county. Each member shall be a citizen with expertise or interest in trees, forestry, or tree or forest management, maintenance or care. The Department's Urban Forestry Coordinator and State Forester shall serve as ex-officio members.

(b) Each member shall serve for a period of 3 years, and may succeed himself or herself for 1 additional term; provided however, that where a member was initially appointed to fill a vacancy, such member may succeed himself or herself for only 1 additional full term. Any person appointed to fill a vacancy on the Council shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment, except that each member shall serve until a successor is duly appointed.

(c) A person who has never served on the Council may be appointed to the Council 2 consecutive times; but no such person shall thereafter be eligible for 2 consecutive appointments. No person who has been twice appointed to the Council, or who has served on the Council for 6 years within any 9 year period, shall again be appointed to the Board until an interim period of at least 1 term has expired since such person last served.

(e) A member of the Council shall be suspended or removed by the Secretary for misfeasance, nonfeasance, malfeasance or neglect of duty.

(f) The provisions set forth in Chapter 58 of Title 29 shall apply to all members of the Council, and to all agents appointed or otherwise employed by the Council.

(g) A majority of the membership of the council shall constitute a quorum for the transaction of council business. Action may be taken and motions and resolutions adopted by the council at any meeting thereof by the affirmative votes of a majority of the full membership of the council.

(h) Members of the council shall serve without compensation, but may be reimbursed for expenses necessarily incurred in the discharge of their official duties.

(j) The Council shall advise the State Forester and the Department on issues concerning community forestry and assist with such functions.

The State Forester, with the advice and assistance of the Council, may establish minimum standards, and provide a training skills and voluntary accreditation program, for representatives of local governments and organizations, the content of which shall be the appropriate and approved methods for the planting, protection, care and management of trees and other related natural resources under their control.

(a) The State Forester, with the advice and assistance of the Council, may develop and make available to local governments and organizations a list of elements found within a comprehensive community forestry plan. These guidelines shall establish, but not limit, the basic framework of an approved plan.

(b) The State Forester, with the advice and assistance of the Council, shall develop and make available to local governments and organizations a procedure for submitting for approval a comprehensive community forestry plan.

(c) A local government may develop and submit to the State Forester for approval a comprehensive community forestry plan according to procedures established by the Department.

(d) The State Forester, after review and comment by the Council, shall approve a comprehensive community forestry plan if the plan contains the basic elements of an approved plan and adequately addresses the needs of the community and the tree resource.

The State Forester's annual report shall contain a summary of the status of the Delaware Urban and Community Forestry Program including any recommendations for legislative or administrative action to improve implementation of that Act, and transmit that report to the Governor and the General Assembly.

The Department shall adopt, pursuant to the Administrative Procedure Act, Chapter 101 of Title 29, such rules and regulations as may be necessary to implement this chapter, including establishment of:

(1) Guidelines for development of a comprehensive community forestry plan;

(2) Criteria for proper selection, planting and care of tree resources;

(3) Procedures to accept and evaluate submitted comprehensive community forestry plans;

(4) Procedures for the review and approval of training and voluntary accreditation programs in tree care and management for local officials;

(5) Criteria for ranking grant applications received from local governments and community organizations applying for assistance in tree planting, tree improvement and the development and implementation of comprehensive community forestry plans.

Subchapter IV. Offences and Penalties as They Relate to Fires or Damage and Removal of Trees or Shrubs.

(a) Whoever willfully or maliciously sets fire to any woodlot, forest or wild land, or property, material or vegetation, being or growing upon the lands of another, shall be fined not less than $200, nor more than $5,000, or imprisoned not more than 2 years, or both.

(b) This section shall not apply to the setting of a backfire under the direction of a State forest officer to extinguish a fire then burning; nor to persons setting fire under §1042 and §1043 of this Title.

Whoever carelessly sets on fire any forest land, brush land, grain stubble, grass or other combustible material being or growing on lands not his own or in his possession or control, or for any purpose whatsoever sets a fire on his own land or lands in his possession or control, and negligently allows said fire to escape from his control, to the damage of the property of another, shall be fined not less than $100, nor more than $500. Nothing in this Title shall prohibit an owner from setting a backfire on his own land to prevent the progress of a fire then burning.

Whoever sets any woodland on fire, or, after the 1st of April, sets on fire any marsh, shall be fined not less than $200, nor more than $1,000, and shall also be liable in damages to property owners for injury done by such fire. The burning of wood cut down, or of brush in clearing land, shall not, unless there be negligence, fall within this section.

Whoever obstructs or prevents or attempts to obstruct or prevent any forest officer or ex officio forest officer or any person employed under the direction of the above-mentioned officers while in the performance of the duty assigned to him, or required by Chapter 10, 26 or 91 of this Title or in the exercise of the right of entry, access or examination by any officer, shall be fined not less than $100, nor more than $500.

(a) Notwithstanding any other provision of this Title, whoever without the consent of the Department of Agriculture willfully, negligently or maliciously cuts bark from or cuts down, injures, destroys or removes trees, or shrubs, or any part thereof, growing on a state forest, or willfully, negligently or maliciously does or causes to be done any other act to the damage of such forest, shall be fined not more than $1,000, or imprisoned not more than 3 months, or both.

(b) Any constable, police officer, forest officer or state officer may arrest without warrant any person found violating this section.

Notwithstanding any other provision of this Title, whoever willfully, maliciously or carelessly sets fire to forest lands, in addition to the penalties provided for such violation and the liability for damages to persons suffering loss thereby, shall be liable to the State for all expenses incurred in combating and extinguishing such fire.

The justices of the peace shall have jurisdiction of offenses under this subchapter, except where jurisdiction of any such offenses is vested exclusively in another court.

The General Assembly finds and declares that the pine and yellow-poplar forest resource of the State provides significant recreational, aesthetic, wildlife and environmental benefits as well as wood fiber essential to commerce and industry for the citizens of the State. The General Assembly has also determined that the pine and hardwood forest resources are being harvested at a greater rate than they are being replanted or reproduced and unless measures are instituted to ensure that the forest resources are sustained, this natural resource will be depleted to the detriment of the citizens of the State. It is, therefore, the declared public policy of this State to preserve and protect the pine and yellow-poplar forest resources of the State. The purpose of this subchapter is to regulate the maintenance and reproduction of the pine and yellow-poplar forest resources of the State in the public interest.

(1) ‘Cutting operation’ shall mean the cutting of timber for commercial purposes from 10 acres or more of land on which loblolly pine (Pinus taeda), shortleaf pine (Pinus echinata), pond pine (Pinus serotina) or yellow-poplar (Liriodendron tulipifera), singly or together occur and constitute 25 percent or more of the live trees on each acre.

(2) ‘Live tree’ shall mean trees that have their crowns in the uppermost layers of the canopy (dominant and co-dominant trees), are largely free growing, free of insect and disease infestation, windfirm and old enough to produce fertile seed crops.

(3) ‘Diameter’ shall mean the diameter outside bark of a standing tree measured 4.5 feet above the ground.

(4) ‘Landowner’ shall mean any person holding title to the land or possessing the right to contract for the cutting operation thereon.

(6) ‘Person’ shall mean the State, any county, municipality, corporation or other political subdivision of the State, or any of their units, or an individual receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation or any other entity, or principal(s) in business ventures operating under more than 1 name.

(7) ‘Pine’ shall mean any loblolly pine (Pinus taeda), shortleaf pine (Pinus echinata) or pond pine (Pinus serotina).

(10) ‘Tree’ or ‘timber’ shall mean any tree of a currently commercially valuable species which is 6 inches or more in diameter.

(11) ‘Free to grow’ shall mean to increase stem and crown diameter, basal area, height, volume and quality of individual tree.

(a) No person shall commence a cutting operation unless seed trees have been reserved pursuant to the natural regeneration method set forth herein or pursuant to an alternate management plan approved by the State Forester or his designee.

(b) This subchapter shall not apply to cutting operations of timber from land being cleared for reservoirs, military installations, agriculture, residential, ditch and utility right-of-ways, industrial sites, railroads or to cutting operations undertaken pursuant to a contract executed prior to January 1,1989.

(c) The Department of Agriculture shall have the authority to adopt, amend, modify or repeal such rules and regulations as it deems necessary to effectuate the policies and the purposes of this subchapter.

(a) Operators and landowners shall leave uncut and uninjured at least 6 seed-bearing pine or yellow-poplar trees, 14 inches in diameter or larger on each acre involved in a cutting operation. If an acre lacks 1 or more of the required seedtrees, then 2 seed-bearing pines or yellow-poplars of the next smallest diameter shall be chosen to replace each missing tree.

(b) Trees reserved pursuant to subsection (a) of this section for the purpose of reseeding shall be healthy, windfirm, well-distributed throughout each acre and have well developed crowns possessing viable cones.

(c) Seed-bearing pine or yellow-poplar trees need not be reserved, if at least 400 pine or yellow-poplar seedlings exist on each acre which are vigorous, well distributed throughout, and free to grow upon completion of the cutting operation.

(d) Any operators or landowners proposing to utilize the natural regeneration method shall notify the State Forester at the Delaware Department of Agriculture Forest Service of the proposed natural regeneration plan at least 10 working days prior to initiation of a cutting operation.

(1) Operators or landowners shall be responsible for having seed trees physically marked prior to notification of the State Forester.

(2) Within 10 working days, the State Forester or his designated agent shall inspect the proposed site and provide the operator or landowner with approval, approval with modifications or rejection of the natural regeneration plan.

(e) Once approval is given, but before the cutting operation begins, the landowner will agree, on a form furnished by the Department of Agriculture Forest Service, that he will not cut or permit to be cut any pine or yellow-poplar tree required to be reserved for reseeding for 2 years after completion of the cutting operation. The provisions of this subsection do not apply if the landowner places the land in any of the uses enumerated in §1053(b) of this Title.

(f) Prior to the sale or other transfer of rights of the land or perpetual timber rights subject to the obligation to reserve the trees, the transferor shall notify the transferee of the existence and nature of the obligation and the transferee shall sign a notice of the obligation indicating the transferee's knowledge thereof.

(1) The notice shall be on a form furnished by the Department of Agriculture Forest Service and shall be sent to the Department of Agriculture by the transferor at the time of sale or transfer of rights of the land or perpetual timber rights.

(2) If the transferor fails to notify the transferee about the obligation to reserve the trees, the transferor shall pay the transferee's costs related to fulfilling the obligation to reserve the trees or reforest all trees cut, including all legal costs and reasonable attorneys' fees incurred by the transferee in enforcing the obligation against the transferor.

(3) Failure by the transferor to send the required notice to the Department of Agriculture Forest Service at the time of transfer shall be prima facie evidence, in any action by the transferee against the transferor for costs related to reserving the trees or reforesting all trees cut, that the transferor did not notify the transferee of the obligation to reserve the trees prior to transfer.

(a) The land involved in a cutting operation may be reforested pursuant to an approved reforestation plan in lieu of the natural regeneration method. The plan shall be prepared by the landowner or his agent and shall be designed to assure the reproduction and maintenance of growth of young, vigorous pine or yellow-poplar trees.

(b) The reforestation plan shall be accompanied by a statement of the landowner, on a form furnished by the Department of Agriculture Forest Service, that the landowner will not perform any act or permit any act to be performed which prevents reforestation. This provision does not apply if the landowner places the land in any of the uses enumerated in §1053(b) of this Title.

(c) Ten working days prior to the initiation of the cutting operation, the landowner, his agent or operator shall notify the State Forester of the intention to reforest and shall submit a reforestation plan.

(d) The landowner, his agent or operator shall submit the reforestation plan to the State Forester at the Department of Agriculture Forest Service for approval.

(1) The Department of Agriculture Forest Service shall approve, approve with modifications or reject any reforestation plan submitted within 10 working days.

(2) The determination of the Department of Agriculture Forest Service shall be in writing, setting forth the reasons for approval with modifications or rejection and shall be forwarded to the operator or landowner.

(3) In cases where a reforestation plan has been rejected by the State Forester, the landowner, his agent or operator shall be required to submit another reforestation plan for approval. Under no circumstances, shall a cutting operation begin prior to approval of a reforestation plan by the DDA Forest Service.

(e) Prior to the sale or other transfer of rights of land or perpetual timber rights subject to a reforestation obligation, the transferor of land shall notify the transferee of the existence and nature of the obligation and the transferee shall sign a notice of reforestation obligation indicating the transferee's knowledge thereof.

(1) The notice shall be on a form furnished by the Department of Agriculture Forest Service and shall be sent to the Department of Agriculture by the transferor at the time of sale or transfer of rights of land or perpetual timber rights.

(2) If the transferor fails to notify the transferee about the reforestation obligation, the transferor shall pay the transferee's costs related to reforestation including all legal costs and reasonable attorneys' fees incurred by the transferee in enforcing the reforestation obligation against the transferor.

(3) Failure by the transferor to send the required notice to the Department of Agriculture at the time of the sale shall be prima facie evidence, in any action by the transferee against the transferor for costs related to reforestation, that the transferor did not notify the buyer of the reforestation obligation prior to sale.

No person shall cut or permit to be cut any pine or yellow-poplar tree or seedling required to be reserved for reseeding or planted under a reforestation plan or perform any act or permit any act to be performed which prevents reseeding or reforestation of any area in which a cutting operation has been conducted.

The State Forester or his duly authorized representative may enter, at reasonable times, upon any public or private property for the purpose of determining whether a violation of the provisions of this subchapter or any of the regulations promulgated thereunder exists upon giving verbal notice and after presenting official identification to the landowner, operator, custodian or agent of said property.

The State Forester shall have the power to issue a cease and desist order to any person violating any provision of this subchapter or rules or regulations promulgated thereunder. Any such cease and desist order shall remain in effect until withdrawal of said order by the State Forester, or until the order is superseded by an injunction, whichever occurs first.

Whenever it appears that any person has engaged or is about to engage in any act or practice constituting a violation of any provisions of this subchapter or rules or regulations adopted pursuant to it, the State Forester may bring an action in the Court of Chancery to restrain or to enjoin the acts or practices and to enforce compliance with this subchapter. The Court shall not require the Department of Agriculture to post a bond.

(a) Any person whose interest is substantially affected by an action of the State Forester or his designee may request a hearing to demonstrate compliance with this subchapter or any regulations promulgated thereunder.

(b) (b) Such hearing shall be scheduled within 15 days of the request and shall be held by the Secretary or his designee. The decision of the Secretary or his designee may be appealed to Superior Court on the record within 30 days of the decision.

(c) No appeal shall operate to automatically stay any action of the Secretary.

(a) Any person who violates any provision of this subchapter or associated rules and regulations shall, upon conviction, be subject to a fine not exceeding $1,000, or imprisonment not exceeding 1 months, or both.

(b) Any person found guilty of a second or subsequent violation of any provision of this subchapter is subject to a fine not exceeding $2,000, or imprisonment not exceeding 3 months, or both. For the purposes of this subsection, a second or subsequent violation is one which has occurred within 2 years of any prior violation of this subchapter.

(c) The Justices of the Peace Court shall have original jurisdiction to hear and determine violations of this subchapter.

(1) ‘Owner’ shall mean any person that (a) owns or leases land on which silvicultural activity occurs or (b) owns timber on land which silvicultural activity occurs.

(2) ‘Operator’ shall mean any person that operates or exercises control over any silvicultural activity.

(3) ‘Pollution’ shall mean such alteration of the physical, chemical or biological properties of any waters of the State resulting from sediment deposition that will or is likely to create a nuisance or render such waters (a) harmful or detrimental or injurious to the public health, safety or welfare, or to the health of animals, fish or aquatic life; (b) unsuitable with reasonable treatment for use as present or possible future source of public water supply; or (c) unsuitable for recreational, commercial, industrial, agricultural or other reasonable uses.

(4) ‘Silvicultural activity’ shall mean any forest management activity, including but not limited to the harvesting of timber, the construction of roads and trails for forest management purposes and the preparation of property for reforestation.

(a) Any person whose interest is substantially affected by an action of the State Forester or his designee may request a hearing to demonstrate compliance with this subchapter or any regulations promulgated thereunder.

(b) Such hearing shall be scheduled within 15 days of the request and shall be held by the State Forester or his designee. The decision of the State Forester or his designee may be appealed to Superior Court on the record within 30 days of the decision.

(a) Any person who violates any provision of this subchapter or associated rules and regulations shall, upon conviction, be subject to a fine not exceeding $1,000, or imprisonment not exceeding 1 months, or both.

(b) Any person found guilty of a second or subsequent violation of any provision of this subchapter is subject to a fine not exceeding $2,000, or imprisonment not exceeding 3 months, or both. For the purposes of this subsection, a second or subsequent violation is one which has occurred within 2 years of any prior violation of this subchapter.

(c) The Justices of the Peace Court shall have original jurisdiction to hear and determine violations of this subchapter.

(1) The notice shall be on a form furnished by the Department of Agriculture Forest Service and shall be sent to the Department of Agriculture by the transferor at the time of sale or transfer of rights of land or perpetual timber rights.

(2) If the transferor fails to notify the transferee about the forest management obligation, the board of assessment shall immediately restore the lands to the assessment lists. The board shall also determine the amount of tax due upon the lands according to the average valuation of the lands at the tax rates prevailing during the period of exemption. The total amount of taxes as calculated shall be certified to the receiver of taxes and county treasurer of the county for collection as other taxes are collected, but with no penalty attached thereto. All taxes due for the period of exemption shall be assessed to the transferor.

(3) Failure by the transferor to send the required notice to the Department of Agriculture at the time of the sale shall be prima facie evidence that the transferor did not notify the buyer of the forest management obligation prior to sale.”

Approved July 29,1999