CHAPTER 144

FORMERLY

HOUSE BILL NO. 225

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO AGRICULTURAL USE LAND.

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

Section 1. Amend § 2601, Title 9 of the Delaware Code, by designating the existing language thereof as subsection (a) and by adding thereto a new subsection as follows:

“(b) Notwithstanding subsection (a) of this section, no such regulation or regulations shall apply to any land, building, greenhouse, or other structure proposed to be devoted to any agricultural use, or which is devoted at the time of such proposal to agricultural use, or to any land, building, greenhouse, or other structure owned by a cooperative agricultural associations or a corporation which is or is proposed to be devoted to agricultural use. For the purposes of this subsection, any land, building, greenhouse, or structure shall be deemed to be devoted to agricultural use if:

(1) The land, building, greenhouse, or structure is assessed pursuant to § 8335 of this title;

(2) The land, building, greenhouse, or structure is within an Agricultural Preservation District pursuant to Chapter 9 of Title 3;

(3) The person who owns, leases or otherwise controls the land, building, greenhouse, or structure is required to implement a nutrient management plan or agricultural waste management plan for the same and the land, building, greenhouse, or structure itself is devoted to or used in the production for sale of plants and animals useful to man, including but not limited to:

a. forages and sod crops;

b. grains and feed crops;

c. dairy animals and dairy products;

d. poultry and poultry products;

e. livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding and grazing of any or all of such animals;

f. bees and apiary products;

g. fish, hydroponic, and aquacultural products;

h. fur animals;

i. trees and forest products;

(4) The land, building, greenhouse, or structure is devoted to and meets the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government;

(5) The land, building or structure is a farm market or roadside stand provided the products offered for sale are grown or produced on the subject farm or lands in agriculture production associated with such farm operation and such farm market or roadside stand shall comply with the following provisions:

a. Buildings, structures and associated canopies shall be limited to a maximum floor area of 800 square feet, exclusive of outside displays and storage bins; and

b. All buildings, structures and associated canopies shall comply with the building height setback requirements established by the local jurisdiction within its zoning ordinances. All construction shall conform to applicable building codes and building permit requirements as enacted by the local jurisdiction; and

c. Off street customer parking shall be provided in accordance with the provisions of the zoning ordinance of the local jurisdiction provided that at least one (1) parking space shall be provided for each 100 square feet of floor area of the establishment. The area of one (1) parking space shall be equivalent to a standard parking stall of 9’ x 18’; and

d. If a new vehicular entrance is proposed to support a farm market or roadside stand, an entrance permit shall be obtained from the Delaware Department of Transportation prior to the start of construction; and

e. Signage shall comply with signage provisions and permitting requirements established by the local jurisdiction within its zoning ordinances.

(c) Notwithstanding subsection (a) of this Section, no such regulation or regulations shall apply to the agricultural uses of conducting hayrides, horseback riding, guided tours, barn parties, and petting zoos provided said activities are limited to no more than fifty (50) persons on premises at a time.”

Section 2. Amend § 4901, Title 9 of the Delaware Code, by designating the existing language thereof as subsection (a) and by adding thereto a new subsection as follows:

“(b) Notwithstanding subsection (a) of this section, no such regulation or regulations shall apply to any land, building, greenhouse, or other structure proposed to be devoted to any agricultural use, or which is devoted at the time of such proposal to agricultural use, or to any land, building, greenhouse, or other structure owned by a cooperative agricultural associations or a corporation which is or is proposed to be devoted to agricultural use. For the purposes of this subsection, any land, building, greenhouse, or structure shall be deemed to be devoted to agricultural use if

(1) The land, building, greenhouse, or structure is assessed pursuant to § 8335 of this title;

(2) The land, building, greenhouse, or structure is within an Agricultural Preservation District pursuant to Chapter 9 of Title 3;

(3) The person who owns, leases or otherwise controls the land, building, greenhouse, or structure is required to implement a nutrient management plan or agricultural waste management plan for the same and the land, building, greenhouse, or structure itself is devoted to or used in the production for sale of plants and animals useful to man, including but not limited to:

a. forages and sod crops;

b. grains and feed crops;

c. dairy animals and dairy products;

d. poultry and poultry products;

e. livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding and grazing of any or all of such animals;

f. bees and apiary products;

g. fish, hydroponic, and aquacultural products;

h. fur animals;

i. trees and forest products;

(4) The land, building, greenhouse, or structure is devoted to and meets the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government;

(5) The land, building or structure is a farm market or roadside stand provided the products offered for sale are grown or produced on the subject farm or lands in agriculture production associated with such farm operation and such farm market or roadside stand shall comply with the following provisions:

a. Buildings, structures and associated canopies shall be limited to a maximum floor area of 800 square feet, exclusive of outside displays and storage bins; and

b. All buildings, structures and associated canopies shall comply with the building height setback requirements established by the local jurisdiction within its zoning ordinances. All construction shall conform to applicable building codes and building permit requirements as enacted by the local jurisdiction; and

c. Off street customer parking shall be provided in accordance with the provisions of the zoning ordinance of the local jurisdiction provided that at least one (1) parking space shall be provided for each 100 square feet of floor area of the establishment. The area of one (1) parking space shall be equivalent to a standard parking stall of 9’ x 18’; and

d. If a new vehicular entrance is proposed to support a farm market or roadside stand, an entrance permit shall be obtained from the Delaware Department of Transportation prior to the start of construction; and

e. Signage shall comply with signage provisions and permitting requirements established by the local jurisdiction within its zoning ordinances.

(c) Notwithstanding subsection (a) of this Section, no such regulation or regulations shall apply to the agricultural uses of conducting hayrides, horseback riding, guided tours, barn parties, and petting zoos provided said activities are limited to no more than fifty (50) persons on premises at a time.”

Section 3. Amend § 6902, Title 9 of the Delaware Code, by designating the existing language thereof as subsection (a) and by adding thereto a new subsection as follows:

“(b) Notwithstanding subsection (a) of this section, no such regulation or regulations shall apply to any land, building, greenhouse, or other structure proposed to be devoted to any agricultural use, or which is devoted at the time of such proposal to agricultural use, or to any land, building, greenhouse, or other structure owned by a cooperative agricultural associations or a corporation which is or is proposed to be devoted to agricultural use. For the purposes of this subsection, any land, building, greenhouse, or structure shall be deemed to be devoted to agricultural use if

(1) The land, building, greenhouse, or structure is assessed pursuant to § 8335 of this title;

(2) The land, building, greenhouse, or structure is within an Agricultural Preservation District pursuant to Chapter 9 of Title 3;

(3) The person who owns, leases or otherwise controls the land, building, greenhouse, or structure is required to implement a nutrient management plan or agricultural waste management plan for the same and the land, building, greenhouse, or structure itself is devoted to or used in the production for sale of plants and animals useful to man, including but not limited to:

a. forages and sod crops;

b. grains and feed crops;

c. dairy animals and dairy products;

d. poultry and poultry products;

e. livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding and grazing of any or all of such animals;

f. bees and apiary products;

g. fish, hydroponic, and aquacultural products;

h. fur animals;

i. trees and forest products;

(4) The land, building, greenhouse, or structure is devoted to and meets the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government;

(5) The land, building or structure is a farm market or roadside stand provided the products offered for sale are grown or produced on the subject farm or lands in agriculture production associated with such farm operation and such farm market or roadside stand shall comply with the following provisions:

a. Buildings, structures and associated canopies shall be limited to a maximum floor area of 800 square feet, exclusive of outside displays and storage bins; and

b. All buildings, structures and associated canopies shall comply with the building height setback requirements established by the local jurisdiction within its zoning ordinances. All construction shall conform to applicable building codes and building permit requirements as enacted by the local jurisdiction; and

c. Off street customer parking shall be provided in accordance with the provisions of the zoning ordinance of the local jurisdiction provided that at least one (1) parking space shall be provided for each 100 square feet of floor area of the establishment. The area of one (1) parking space shall be equivalent to a standard parking stall of 9’ x 18’; and

d. If a new vehicular entrance is proposed to support a farm market or roadside stand, an entrance permit shall be obtained from the Delaware Department of Transportation prior to the start of construction; and.

e. Signage shall comply with signage provisions and permitting requirements established by the local jurisdiction within its zoning ordinances.

(c) Notwithstanding subsection (a) of this Section, no such regulation or regulations shall apply to the agricultural uses of conducting hayrides, horseback riding, guided tours, barn parties, and petting zoos provided said activities are limited to no more than fifty (50) persons on premises at a time.”.

Approved July 11, 2003