Delaware Code § 3-933

Forestland preservation area criteria for eligibility and review
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In order to be considered eligible for inclusion in a forestland preservation area, an application which meets the requirements of § 932
of this title shall satisfy the following criteria:
(1) The owner or owners seeking inclusion of real property in a forestland preservation area shall hold fee simple title to such property;
(2) The real property shall be located outside a designated growth zone;
(3) The real property shall be zoned to allow for agricultural or open space uses and shall not be subject to any major subdivision plan;
(4) The real property consists of viable and potentially productive forestlands;
(5) The real property is not subject to an existing conservation or preservation easement or other restriction which prohibits
development;

(6) The owner or owners of the real property proposed for inclusion in a forestland preservation area execute a forestland preservation
agreement in recordable form as provided by the Foundation which contains the forestland preservation area restrictions set forth in

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