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HB371 • 2025

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

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

Land
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Vanderwende
Last action
2026-06-30
Official status
Passed 6/30/26
Effective date
Not listed

Plain English Breakdown

The bill removes the requirement for boards but retains language in existing law stating that if a board is not established, applications are deemed approved; this interaction remains unclear without further context on how 'not duly established' applies to future counties.

HB371: Changes to Delaware Agricultural Lands Preservation Rules

This bill removes the rule requiring each county in Delaware to create a Farmland Preservation Advisory Board and makes small wording fixes to match state writing standards.

What This Bill Does

  • Removes the requirement for counties to establish Farmland Preservation Advisory Boards.
  • Updates how the Foundation consults on statewide preservation strategies by removing references to these boards.
  • Changes consultation partners in strategy adoption to include only Planning and Zoning Commissions of each county instead of advisory boards.
  • Makes technical corrections to existing laws to follow the Delaware Legislative Drafting Manual.

Who It Names or Affects

  • County legislative bodies in Delaware
  • The Foundation responsible for agricultural lands preservation
  • Planning and Zoning Commissions in each county

Terms To Know

Farmland Preservation Advisory Board
A group that used to consist of farmers, agribusiness people, and a legislator appointed by the county legislative body.
Foundation
The state organization responsible for managing the agricultural lands preservation program.

Limits and Unknowns

  • The official source material does not list an effective date for when this law will start.
  • The bill text removes the board requirement but does not explain how counties should handle farm land applications without these advisory boards in place, though existing rules state that if a board is not established, decisions are deemed approved.

Bill History

  1. 2026-06-30 Delaware General Assembly

    Passed By Senate. Votes: 21 YES

  2. 2026-06-24 Delaware General Assembly

    Reported Out of Committee (Executive) in Senate with 3 Favorable, 2 On Its Merits

  3. 2026-06-18 Delaware General Assembly

    Passed By House. Votes: 41 YES

  4. 2026-06-18 Delaware General Assembly

    Assigned to Executive Committee in Senate

  5. 2026-06-17 Delaware General Assembly

    Reported Out of Committee (Agriculture) in House with 1 Favorable, 8 On Its Merits

  6. 2026-04-16 Delaware General Assembly

    Introduced and Assigned to Agriculture Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO THE DELAWARE AGRICULTURAL LANDS PRESERVATION ACT.
This Act removes the requirement that the counties each establish a Farmland Preservation Advisory Board. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Current Bill Text

Read the full stored bill text 
Legislation Document

SPONSOR:

Rep. Vanderwende & Sen. Wilson

Reps. Dukes, Harris, Postles, D. Short, Yearick, Carson; Sens. Hocker, Pettyjohn, Richardson

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 371

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

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

Section 1. Amend § 904, Title 3 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 904. Duties and authority of Foundation.

(a) The Foundation

shall be

is

responsible for the following:

(3) The adoption, after public hearing and consultation with the Department of Agriculture, the Department of Natural Resources and Environmental Control,

and the Farmland Preservation Advisory Boards

and

the

Planning and Zoning Commissions of each county, of a statewide agricultural lands preservation strategy which specifically identifies the areas of the State in which valuable productive agricultural lands are located and which are considered best suited for long-term preservation, and by specifically identifying the growth zone;

Section 2. Amend § 906, Title 3 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 906. Farmland Preservation Advisory Boards.

(a) Each county legislative body shall establish a Farmland Preservation Advisory Board which shall consist of 4 active farmers or agribusinessmen residing within the county and 1 member of the county legislative body, who shall serve as the Chairperson of the Board. The members of such Board shall be appointed by the county legislative body. The members shall serve without salary, but the county legislative body may entitle each such member to reimbursement of such member’s actual and necessary expenses incurred in the performance of official duties. A quorum of the Board for conducting business shall be 3 members and a majority vote of the quorum shall be necessary to take action on matters before the Board.

(b) The Chairperson of the Board shall serve for an indefinite term and the 4 other members shall serve for terms of 4 years each; provided further, that Board members registered in either major political party shall not exceed the other major political party by more than 1. Any member of the Board may be reappointed for a succeeding term without limitations as to the number of terms served.

(c) The Board shall advise the Foundation in relation to any regulations proposed for adoption by the Foundation. The Foundation shall provide a draft of proposed regulations to the Board at least 60 days in advance of the time that proposed regulations are released for public notice in order to allow for comment of the Board and possible amendment. The Board may request the Foundation to review any adopted regulation which the Board identifies as having an adverse effect on the furtherance of the purpose and intent of this chapter. Upon receipt of any such request, the Foundation shall submit in writing to the Board a response indicating the Foundation’s position on the matter and the action, if any, which is contemplated in response to the request.

(d) Whenever an application for establishment of an Agricultural Preservation District is received by the Foundation and the Foundation determines that the eligibility criteria have been satisfied, the Foundation shall submit the application to the Board for the county in which the proposed District is located for a recommendation. The Board shall act on an application by recommending in favor or against approval within 60 days of receipt of the application, and the Board may include reasons for its decisions. In the event that the Board fails to make its recommendation within the specified 60-day period, or if the Board is not duly established or constituted, the decision required of the Board under the Agricultural Preservation District application process as specified hereunder shall be deemed an approval.

SYNOPSIS

This Act removes the requirement that the counties each establish a Farmland Preservation Advisory Board. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.