CHAPTER 465

FORMERLY

SENATE BILL NO. 218

AS AMENDED BY HOUSE AMENDMENT NO. 3

AN ACT TO AMEND CHAPTER 9, TITLE 3, DELAWARE CODE, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF AGRICULTURE BY PROVIDING FOR AGRICULTURAL LANDS PRESERVATION.

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

Section 1. Amend Chapter 9, Title 3, Delaware Code, by adding thereto a new section to read as follows:

"§906. Rules. Regulations and Procedures

The Secretary of the Department of Agriculture may establish and promulgate such rules and regulations as he deems necessary to enforce the State policy established in §903 of this Chapter for those lands identified in §904 (b) of this Chapter as of concern to preservation..

Whenever the Secretary of the Department of Agriculture has reason to believe that a public agency's action will have an adverse impact on agriculture without an ample finding of public need, or is harmful to the maintenance and preservation of agricultural activities, the Secretary may conduct a hearing to investigate the actions, and make recommendations consistent with the Chapter to the public agency.

Whenever the public agency disagrees with the Secretary's recommendations, the Secretary may request the Attorney General to review the record of the hearing on the matter and determine whether a Chancery court action for injunctive relief consistent with this Chapter Is warranted."

Approved August 20, 1984.