Delaware § 1904 - Source reduction practices for mosquito control; notice of entry, claims, damages and payments.

§ 1904. Source reduction practices for mosquito control; notice of entry, claims, damages and payments.

(a) Source reduction practices for mosquito control involving physical, topographical, or hydrological alterations of wetlands or other aquatic habitats, such as but not limited to the installation of shallow ponds or small ditches to harbor or allow access for mosquito-eating fishes, or the construction of shallow ponds or small ditches or the placement of fill to eliminate or usurp mosquito-rearing sites, must be done in an environmentally-compatible manner and to the extent practicable shall limit adverse impacts to flora and fauna and shall only be undertaken after all required federal and state permits have been obtained. A property owner must be informed at least 30 days in advance in writing, of any intention to perform such source reduction work. Any property owner objecting to the proposed source reduction work, or who is aggrieved or who claims injury or damages due to the execution of any source reduction work of the Department on said property, may file a protest with the Department setting forth the grievance or claim. The Department shall thereupon and within 30 days after the filing of such protest or claim set a time, place and location for a public hearing thereof. If the protest involves a property owner asserting that the proposed source reduction work is not necessary or is otherwise improper, such work shall not commence or proceed until the protest has been denied by the Secretary after the public hearing. In all such cases the decision of the Department as to the necessity and appropriateness of such source reduction work shall be final. Any damage claimed by any party on account of source reduction work of the Department upon that party’s property may be judicially determined. The amount of any damage that may be awarded such party shall be paid by the Department.

(b) This section shall not apply to the application of mosquito control insecticides which are subject to other federal and state laws and regulations governing their legal applications, and are also subject to the Department’s administrative policies and procedures for making such applications. This section shall also not apply to the use of biological controls such as the stocking of native fish that consume immature mosquitoes, which is a practice subject to the Department’s administrative policies and procedures.

Code 1935, c. 182;  45 Del Laws, c. 271,, §  4;  46 Del. Laws, c. 309, §  2;  16 Del. C. 1953, §  1904;  57 Del. Laws, c. 739, §  232;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 151, §  2;