Department of Agriculture
Aglands Preservation and Planning
Delaware Agricultural Lands Preservation Foundation
Statutory Authority: 3 Delaware Code, Sections 901-930 (3 Del.C. §§ 901-930)
3 DE Admin. Code 701
PROPOSED
PUBLIC NOTICE
701 Farmland Preservation Program
SUMMARY
In compliance with the State's Administrative Procedures Act (APA – Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 3 of the Delaware Code, Chapter 9, Sections 901-949 (3 Del.C. §§901-949), the Agricultural Lands Preservation Foundation (the "Foundation") is proposing amendments to regulations governing the Farmland Preservation Program.
The regulations are being revised to include adding language to the preamble reflecting the purpose, policy, and intent of the Farmland Preservation Program; adding clarifying language to Sections 1.0, 3.0, 5.0, 6.0, 7.0, 12.0, 16.0, 17.0, 18.0, 19.0, 21.0; removing the timeframe for meeting with a landowner concerning a proposed District in Section 3.6.1; referencing the Secretary's ability to waive a right of rejection in Section 4.2; adding new Section 7.3 concerning the expansion of Easement lands; revising language regarding alternative appraisals in Section 17.0; adding Section 21.3 regarding combining District Agreement property and Easement property; deleting Section 22.0 to remove reference to the Strategy Map; adding new Sections 22.0-27.0 concerning the process for Easement Termination and Repurchase. Other changes are typographical.
COMMENTS
A copy of the proposed regulations is being published in the December 1, 2025, edition of the Delaware Register of Regulations. A copy is also on file in the office of the Department of Agriculture, 2320 S Dupont Hwy, Dover, Delaware 19901, and is available for inspection during regular office hours. Copies are also published online at the Register of Regulations website: http://regulations.delaware.gov/services/current_issues.html.
A public hearing will be held on December 30, 2025, at 10:00 a.m. in the conference room of the Department of Agriculture, 2320 S Dupont Hwy, Dover, Delaware 19901. Persons wishing to submit written comments may forward these to the Foundation at the above address. In accordance with 29 Del.C. §10118(a), written comments will be accepted until January 15, 2026.
The Board will deliberate on all the public comments at its regularly scheduled meeting.
December 10 2025
LDOV0419915