Bill Text: DE SB201 | 2015-2016 | 148th General Assembly | Draft

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Bill Title: An Act To Amend Title 3 Of The Delaware Code Relating To The Delaware Agricultural Lands Preservation Act Restrictions

Spectrum: Bipartisan Bill

Status: (Passed) 2016-05-11 - Signed by Governor [SB201 Detail]

Download: Delaware-2015-SB201-Draft.html

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SPONSOR:	Sen. Simpson & Sen. Ennis & Rep. Carson
	Reps. Kenton, Wilson

DELAWARE STATE SENATE

148th GENERAL ASSEMBLY

SENATE BILL NO. 201

AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO THE DELAWARE AGRICULTURAL LANDS PRESERVATION ACT RESTRICTIONS

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

Section 1. Amend §909(a)(5)h., Title 3, Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§909 District restrictions.

(a) The farmlands and forestlands included in an Agricultural Preservation District shall be subject to the following restrictions:

(5) The following uses shall be deemed "related uses" for purposes of paragraph (a)(2) of this section:

h. A restricted landing area utilized for the personal use of the owner or tenant of the owner is permitted provided that said use does not require any rezoning of the property or conditional use allowing for commercial use. As used herein, "restricted landing area" means any area of land, water or both which is used for the landing and takeoff of aircraft.

SYNOPSIS

This Amendment would allow the non-commercial uses by an owner or tenant of an airstrip on property subject to the Delaware Agricultural Lands Preservation Act restrictions. The Delaware Agricultural Lands Preservation Foundation does not object to this change.

AUTHOR: Senator Simpson