Conservation Almanac

Almanac

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Mid-Atlantic

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Delaware

Delaware Profile of State Programs and Policy Framework

Highlighted Local Programs

Delaware

Highlighted State Programs

Delaware

State Policy Framework

Delaware

Disclaimer

To avoid double counting acres where multiple programs contributed to the acquisition of a single parcel, the parcel acreage is only aggregated under the program that provided the majority of funding. For example, if the chart displays a dollar amount greater than $0, but also shows 0 acres, it is because the program was not the primary contributor for any parcels in that year.

Highlighted Local Programs

Local data coming soon.

Highlighted State Programs

Delaware Agricultural Lands Preservation Program

The Delaware Agricultural Lands Preservation Program was formed in July 1991. There are two primary components to the program. First, landowners may create an Agricultural Preservation District, which contains at least 200 contiguous acres devoted to agricultural and related uses. Parcels smaller than 200 usable (and contiguous) acres within three miles of an established district can be enrolled into the program as a district expansion.

Landowners who place their lands into Agricultural Preservation Districts agree to not develop their lands for at least 10 years, devoting the land only to agriculture and related uses. In return, the owners receive tax benefits, right-to-farm protection, and an opportunity to sell an easement to the state that keeps the land free from development permanently.

Initial state funding for the program came from the 21st Century Fund settlement and has been followed by the state realty transfer tax. The fund was created in 1995 from proceeds of a court case between Delaware and New York. The settlement allocated almost $160 million to land use related programs, which was expended between fiscal years 1996 and 1999. The fund provided $40 million for open space acquisition, $40 million for preservation of agricultural lands through purchase of development rights, and $15 million for a state parks endowment.

As of 2006, the program receives $10 million annually in dedicated funds from a state realty transfer tax.

YearAcresDollars
2005 3,898.6 $9,016,746
2004 3,101.6 $4,492,906
2003 2,773.1 $4,090,213
2002 8,990.2 $8,298,934
2001 14,129.6 $13,716,202
2000 4,486.4 $4,522,840
1999 12,444.3 $14,043,502
1998 585.2 $340,966
Total50,408.9 $58,522,313

Delaware Agricultural Forestland Preservation Program

The Delaware Forestland Preservation Program became law in June 2005. The program protects forestlands through perpetual conservation easements. The program currently receives a $1 million annually appropriation.

Open Space Program

In 1990 the Delaware Land Protection Act established an Open Space Program. The Open Space Program protects designated State Resource Areas, including parks, fish and wildlife areas, forests, nature preserves and cultural sites.

The program is funded through the Delaware Land and Water Conservation Trust Fund established in June 1986. At the end of each fiscal year $10 million from the state’s realty transfer tax are transferred into the fund. Of this total, $9 million goes to the Land & Water Conservation Trust Fund Project Account (this is for the Open Space Program). In 1998, the General Assembly raised the Trust Fund cap to $60 million and amended the Realty Transfer Tax Act to its current formula.

The Delaware Land & Water Conservation Trust Fund is a series of accounts. Funds are used to acquire or manage public outdoor recreation and conservation lands. The accounts are as follows:

  • Endowment Account: the major account that generates interest for other accounts receives $1 million each year from the realty transfer tax (for stewardship) until endowment account reaches $60 million.
  • Project Account: this is allocated to the Open Space Program and is funded by $9.0 million per year from the realty transfer tax; this will continue until the Endowment Account reaches $60.0 million.
  • Earnings Account: the first $1.5 million in interest generated by the Endowment Account is used for the Greenway and Trail Grant program; of this amount $750,000 is used for local park acquisition and development subject to a 50 percent match and $750,000 is used for local greenways projects subject to a 50 percent match.
  • Stewardship Account: any interest generated after the first $1.5 million; this is used for the management (not staff) of lands purchased through the Project Account.

  • YearAcresDollars
    2005 894.0 $8,369,049
    2004 967.0 $2,807,574
    2003 956.0 $8,256,865
    2002 2,473.0 $19,319,877
    2001 789.0 $6,746,500
    2000 17,166.0 $51,246,541
    1999 3,467.0 $18,480,170
    1998 3,285.0 $30,625,645
    Total29,997.0 $145,852,221

    State Policy Framework

    Substantial State Investment

    Enable Local Financing

    State Incentive for Local Land Conservation

    Public-Private Partnerships

    Conservation Tax Credits

    Federal Partnerships

    Some data was not provided on a yearly basis, but rather as an aggregate figure. In this case we have distributed total acres acquired and/or dollars spent evenly by year.