TITLE 3

Agriculture

Department of Agriculture

CHAPTER 10. STATE FORESTRY

Subchapter IV. Offenses and Penalties as They Relate to Fires or Damage and Removal of Trees or Shrubs


(a) Whoever wilfully or maliciously sets fire to any woodlot, forest, wild land, property, material or vegetation being or growing upon the lands of another shall be fined not less than $200, nor more than $5,000, or imprisoned not more than 2 years, or both.

(b) This section shall not apply to the setting of a backfire under the direction of a state forest officer to extinguish a fire then burning, nor to persons setting fire under §§ 1042 and 1043 of this title.

72 Del. Laws, c. 235, § 2.;

Whoever carelessly sets on fire any forest land, brush land, grain stubble, grass or other combustible material being or growing on lands neither belonging to such person nor in such person's possession or control, or for any purpose whatsoever sets a fire on such person's own land or lands in such person's possession or control, and negligently allows said fire to escape from such person's control, to the damage of the property of another, shall be fined not less than $100, nor more than $500. Nothing in this title shall prohibit an owner from setting a backfire on the owner's own land to prevent the progress of a fire then burning.

72 Del. Laws, c. 235, § 2; 70 Del. Laws, c. 186, § 1.;

Whoever sets any woodland on fire, or, after April 1, sets on fire any marsh, shall be fined not less than $200, nor more than $1,000, and shall also be liable in damages to property owners for injury done by such fire. The burning of wood cut down or of brush in clearing land shall not, unless there be negligence, fall within this section.

72 Del. Laws, c. 235, § 2.;

Whoever obstructs or prevents or attempts to obstruct or prevent any forest officer or ex officio forest officer or any person employed under the direction of the above-mentioned officers while in the performance of a duty assigned to such officer or required by Chapter 10, 26 or 91 of this title, or while exercising the right of entry, access or examination, shall be fined not less than $100, nor more than $500.

72 Del. Laws, c. 235, § 2; 70 Del. Laws, c. 186, § 1.;

(a) Notwithstanding any other provision of this title, whoever without the consent of the Department of Agriculture wilfully, negligently or maliciously cuts bark from or cuts down, injures, destroys or removes trees or shrubs or any part thereof growing in a state forest or wilfully, negligently or maliciously does or causes to be done any other act to the damage of such forest shall be fined not more than $1,000 or imprisoned not more than 3 months, or both.

(b) Any constable, police officer, forest officer or state officer may arrest without warrant any person found violating this section.

72 Del. Laws, c. 235, § 2.;

Notwithstanding any other provision of this title, whoever wilfully, maliciously or carelessly sets fire to forest lands, in addition to the penalties provided for such violation and the liability for damages to persons suffering loss thereby, shall be liable to the State for all expenses incurred in combating and extinguishing such fire.

72 Del. Laws, c. 235, § 2.;

The justices of the peace shall have jurisdiction of offenses under this subchapter except where jurisdiction of any such offenses is vested exclusively in another court.

72 Del. Laws, c. 235, § 2.;