CHAPTER 263

FORMERLY

HOUSE BILL NO. 447

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE CONTROL OF GIANT REED GRASS (PHRAGMITES AUSTRALIS).

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

Section 1. Amend Part IV, Title 7 of the Delaware Code, by adding a new Chapter to read as follows:

"CHAPTER 38. GIANT REED GRASS (PHRAGMITES AUSTRALIS) CONTROL

§3801. Declared public and common nuisance

The existence of growth of giant reed grass (Phragmites Australis) is declared to be a public and common nuisance.

§3802. Department of Natural Resources and Environmental Control—Investigations; Programs of control; acceptance of grants

(a) The State Department of Natural Resources and Environmental Control may make such investigations, studies and determinations as it may deem advisable in order to ascertain the extent of growth and infestation of Phragmites Australis in this State. and the effect of such species on wildlife and the environment.

(b) The Department may promulgate such rules and regulations as in its Judgment are necessary to carry into effect the provisions of this Chapter and may alter or suspend such rules when necessary.

(c) The Department may institute programs of control and eradication.

(d) The Department may enter into agreements with any county or subdivision of this State, with any adjoining state, or with agencies of the federal or state government to effect a program of control and eradication.

(e) The Department may accept, use, or expend such aid, gift, or grant as may from time to time he made available from any source, public or private, for the purposes of carrying out the provisions of this Chapter.

§3803. Agreements relating to eradication

The State Department of Natural Resources and Environmental Control may enter into an agreement with any designated county in this State for the purpose of control and eradication of Phragmites Australis within that county. When such agreement is executed and certified in writing to the Secretary of State, the Department and the county may conduct surveys to determine the location and amount of infestations of phragmites australis within that county, and may provide technical and financial assistance to landowners on a cost sharing basis with those landowners in a cooperative control or eradication program. and may effect a program of mowing. spraying, or other control or eradication practices on road rights-of-way, drainage ditch banks, parks, playgrounds, and other public and private lands. The agreement between the Department and county may be terminated by either party on thirty (30) days written notice."

Approved May 22, 1984.