CHAPTER 156

FORMERLY

HOUSE BILL NO. 75

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 7 AND TITLE 29 OF THE DELAWARE CODE RELATING TO ZONING, USE AND SALE OF STATE PARKS, OPEN SPACE AND PUBLIC LANDS.

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

Section 1. Amend Chapter 47, Title 7 of the Delaware Code, by adding a new section thereto as follows:

"§ 4706. Zoning and Use.

Notwithstanding any provision of this Chapter to the contrary, no state park, or any part thereof, or other area acquired primarily for recreational use, shall be rezoned, neither shall there be a change in the use of any such lands requiring a variance or subdivision approval, except upon 45 days prior notice to all elected members of the General Assembly in whose district such lands, or any part thereof, lie.”

Section 2. Amend Chapter 75, Title 7 of the Delaware Code, by adding a new section thereto as follows:

"§ 7510. Zoning and Use.

Notwithstanding any provision of this Chapter to the contrary, no open space or other area acquired primarily for recreational use shall be rezoned, neither shall there be a change in the use of any such lands requiring a variance or subdivision approval, except upon 45 days prior notice to all elected members of the General Assembly in whose district such lands, or any part thereof, lie.”

Section 3. Amend Chapter 45, Title 7 of the Delaware Code, by adding a new section thereto as follows:

Ҥ 4521. Zoning and Use.

Notwithstanding any provision of this Chapter to the contrary, no state park, or any part thereof, open space as defined in § 7504, Title 7 of the Delaware Code, or other area acquired primarily for recreational use, shall be rezoned, neither shall there be a change in the use of any such lands requiring a variance or subdivision approval, except upon 45 days prior notice to all elected members of the General Assembly in whose district such lands, or any part thereof, lie.”

Section 4. Amend Chapter 94, Title 29 of the Delaware Code, by adding a new section thereto as follows:

Ҥ 9406. State Parks and Open Spaces.

Notwithstanding any provision of this Chapter to the contrary, no state park, or any part thereof, open space as defined in § 7504, Title 7 of the Delaware Code, or other area acquired primarily for recreational use, shall be rezoned, neither shall there be a change in the use of any such lands requiring a variance or subdivision approval, except upon 45 days prior notice to all elected members of the General Assembly in whose district such lands, or any part thereof, lie.”

Approved July 16,1999