Delaware Administrative Code
Title 3 - Agriculture
400 - Forest Service
401 - Forest Service Erosion and Sedimentation Regulations
Section 401-3.0 - Definitions

"Acceptable Sediment Control and Stormwater Management Techniques" are equivalent/synonymous to/with both erosion and sediment control measures and forestry Best Management Practices (BMP).

"Business Days" are defined as any day Monday through Friday.

"Buyer" is defined as "any individual or firm that regularly purchases standing trees for harvest by himself or herself or a subcontractor."

"Department" is the Delaware Department of Agriculture.

"DFS" is the Delaware Forest Service

"DNREC" is the Delaware Department of Natural Resources and Environmental Control.

"Forest Management Activities" are herein defined as practices, techniques or activities which are designed for purpose of conserving, protecting and enhancing the land as forest land over the long-term. Forest management includes but is not limited to perpetuation of tree species; improvement of trees' and forest growth, health and vigor; protection from fire, and insects and diseases.

"Forester" is defined as a Forester, Senior Forester, Regional Forester, Assistant Forestry Administrator, or Forestry Administrator currently employed by the Delaware Forest Service.

"Intermittent Stream with a Well-Defined Channel" is a defined as a water body which is naturally occurring, and maintains a seasonal flow of water under typical climatic conditions.

"Normal Rainfall" is an inch of liquid precipitation in a 24 hour period.

"Open Water Body" is a bay, lake, or pond where water is present throughout the year. This does not include man-made water channels such as ditches.

"Operator" is defined as "any person that operates or exercises control over any silvicultural activity."

"Perennial Stream" is defined as a water body with a well-defined channel which maintains a continuous flow of water throughout the year under typical climatic conditions. This does not include man-made water channels such as ditches.

"Permittee" is defined as "any individual or firm that has a Delaware Erosion and Sediment Law Notification Form and Permit that has been approved by the DFS."

"Pollution" is defined as the "alteration of the physical, chemical or biological properties of any waters of the State resulting from sediment deposition that will or is likely to create a nuisance or render such waters (a) harmful or detrimental or injurious to the public health, safety or welfare or the health of animals, fish or aquatic life; (b) unsuitable with reasonable treatment for use as present or possible future source as a public water supply; or unsuitable for recreational, commercial, industrial, agricultural, or other reasonable uses."

"Secretary" is the Delaware Secretary of Agriculture

"Shearing and Piling" is defined as preparing a site for reforestation by using a crawler tractor with a shear blade, commonly known as a "K-G blade" to cut off at ground level any trees or shrubs that remain after a timber harvest. This brush and debris is then piled in rows by a crawler tractor with a root raking blade. The spacing between the rows of debris is determined on site, and tree seedlings are planted between the rows.

"Silvicultural Activity" is defined as "any forest management activity, including but not limited to harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation."