SPONSOR:	Sen. Venables & Reps. Hocker
	Reps. Atkins, Buckworth, Carey, Ewing, Hudson, Lee, Maier, Outten, Stone, Thornburg, Ulbrich; Sens. Adams, Bonini, Bunting, Copeland

DELAWARE STATE SENATE

143rd GENERAL ASSEMBLY

SENATE BILL NO. 397

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO STATE RESOURCE MAPS.

WHEREAS, Title 7, Part VII, Chapter 75, defines how land may be protected through acquisition by the State of Delaware, and,

WHEREAS, the Department of Natural Resources and Environmental Control (DNREC), through the Open Space Council, has promulgated a new set of maps known as “state resource area maps,” and,

WHEREAS, DNREC is in the process of revising these maps, and,

WHEREAS, there are significant and long term impacts on citizens who live and work in the areas designated on these maps, but most specifically small and large landowners, and,

WHEREAS, the Delaware General Assembly understands and fundamentally believes in the protection of all our natural resources from degradation, but also wishes to protect jobs, general prosperity, landowner rights, infrastructure investments, as well as tax revenues critical to the citizens of this state, and,

WHEREAS, Title 7, Part VII, Chapter 75 defines “permanent protection” as “the acquisition by purchase, gift, grant, bequest,” etc. by the State of Delaware, and,

WHEREAS, the Delaware Department of Natural Resources has received many requests from affected private landowners that their land not be included on “state resource area maps” intended to designate land for “permanent protection" as defined in Title 7, Part VII, Chapter 75,

NOW THEREFORE:

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

Section 1. Amend §7507(b), Title 7 of the Delaware Code, by inserting a new paragraph (3) to read as follows:

“(3) Notwithstanding any other provision of this code, all property owners in current and future proposed designated State resource areas (SRA) for an inclusion in the “State Resource Area Maps” shall be notified that their parcel may be included in such maps before inclusion. Then all said property owners may opt out of being considered for that designation.”