Bill Text: DE HB421 | 2009-2010 | 145th General Assembly | Draft
Bill Title: An Act Amending Title 17 Of The Delaware Code Relating To Reforestation Activities Of The Department Of Transportation.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-07-12 - Signed by Governor [HB421 Detail]
Download: Delaware-2009-HB421-Draft.html
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SPONSOR: |
Rep. Carson & Sen. Peterson |
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Reps. Bennett, Briggs King, Mitchell; Sens. Booth, Bushweller, Cloutier, Ennis |
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HOUSE OF REPRESENTATIVES 145th GENERAL ASSEMBLY |
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HOUSE BILL NO. 421 |
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AN ACT AMENDING TITLE 17 OF THE DELAWARE CODE RELATING TO REFORESTATION ACTIVITIES OF THE DEPARTMENT OF TRANSPORTATION. |
Section 1.Amend §202(3)b., Title 17 of the Delaware Code by deleting the phrase "or turning lanes" appearing therein.
Section 2.Amend §209(b), Title 17 of the Delaware Code by inserting the phrase "constructs or" between the word "Transportation" and the word "widens" appearing in the first sentence thereof, and further by deleting the phrase ", constructs or reconstructs" appearing after the word "widens" appearing in that same sentence.
Section 3.Amend §209(d), Title 17 of the Delaware Code by deleting the word "or" appearing between the word "improvements" and the number "10" appearing in the first sentence thereof, and inserting in lieu thereof the word "of".
Section 4.Amend §210(a), Title 17 of the Delaware Code by inserting the phrase "(1) state-owned" between the word "other" and the word "rights-of-way" appearing in the first sentence thereof, and further by deleting the phrase "it owns or controls, beginning with rights-of-way" appearing in that same sentence, and further by inserting the following between the word "part" and the period "." ending that sentence: "or (2) within conservation easements approved and maintained by the Department of Natural Resources and Environmental Control that are within the same or an adjacent watershed."
Section 5.Amend §211(a), Title 17 of the Delaware Code by deleting the phrase "signed and sealed" appearing in the first sentence thereof, and further by deleting the phase "approved by the Department of Transportation" appearing after the word "professional" appearing in the same sentence, and inserting the following between the word "professional" and the phase "and must" appearing therein: "or by the Delaware Department of Transportation".
Section 6.Amend §211(a), Title 17 of the Delaware Code by deleting the word "and" appearing at the end of paragraph (3) thereof, and further by deleting the period "." at the end of paragraph (4) and inserting the language "; and" at the end of paragraph (4).
Section 7.Amend §211(a), Title 17 of the Delaware Code by inserting a new paragraph (5) to read as follows:
"(5)To be maintainable with resources available to the Department at the time of planting, to include any permanent agreements entered into relating to maintenance.".
Section 8.Amend §211(b), Title 17 of the Delaware Code by deleting the phrase "signed and sealed" appearing in the first sentence thereof, and further by inserting the following between the word "prepared" and the phrase "for use" appearing therein: "by a Delaware-licensed and registered landscape design professional or by the Delaware Department of Transportation".
SYNOPSIS
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This bill modifies the existing laws regarding tree replacement for DelDOT projects. It permits the planting of trees within a DNREC-approved and maintained conservation easement area within the same or an adjacent watershed, if the normal mitigation measures cannot be implemented with existing construction project limits. The bill also gives DelDOT the opportunity to prepare and approve the landscape plan required under this subchapter, which would be performed by DelDOT's Roadside Environmental Group. It would also remove the addition of a turn lane as a qualifying tree-planting requirement under the subchapter's definition of a "construction project." |
