CHAPTER 128

FORMERLY

HOUSE BILL NO. 337

AN ACT TO AMEND CHAPTER 35, TITLE 7 OF THE DELAWARE CODE RELATING TO THE DEFINITION OF COMMERCIAL FOREST PLANTATIONS.

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

Section 1. Amend Section 3501, Chapter 35, Title 7, of the Delaware Code, by striking said section in its entirety and by substituting in lieu thereof a new Section 3501 to read as follows:

"§3501. Commercial Forest Plantation.

A commercial forest plantation within the meaning and purpose of this Chapter is a contiguous area of land of not less than ten acres which is not primarily valuable for agricultural purposes and upon which the owner proposes to develop and maintain a forest either through planting or natural reproduction or both. Such land shall at the time of listing as a commercial forest plantation actually carry sufficient forest growth of suitable character and so distributed as to give reasonable assurance that a stand of merchantable timber will develop therefrom. The intent and purpose of this Section is to exclude from classification as a commercial forest plantation, land planted as a nursery, orchard, or for ornamental purposes."

Approved July 11, 1983.