    [From the U.S. Government Printing Office, www.gpo.gov]

    Greenspace
    for Delaware's Future

    CZIC COLLECTION

    COASTAL ZONE
    INFORMATION CENTER

    HT
    168
    .D3
    G74

    			Draft for Public Review

    HT168.03 G74

    Greenspace for Delaware's future
    Draft for Public Review

                                                       Published by the Department of Natural Resources and
                                                             Environmental Control
                                                             PO Box 1401, Dover Delaware 19903
                                                       The printing of this report is financed in part through a federal grant from
                                                       the Office of Ocean and Coastal Resource Management, NOAA under the
                                                       provision of Section 306 of the Coastal Zone Management Act of 1972 (Public
                                                       Law 92-583).
                                                       The Department of Natural Resources and Environmental Control is an equal
                                                       opportunity employer. No person or group shall be excluded from partici-
                                                       pation, denied any benefits, or subjected to discrimination on the basis of race,
                                                       color, national origin or handicap.

                                                                                  Content

                                                                                  Summary          ........................................................................................ I

                                                                                  Entrodueflon and Background                         .................................................... 7

                                                                                  Lands of State Significance                   .......................................................... 9

                                                                                     Resources Areas
                                                                                         Brandywine Creek                ................................................................ 10
                                                                                         White Clay Creek             .................................................................. 11
                                                                                         Christina River           ....................................................................... 12
                                                                                         Upper Delaware River Shoreline                      .......................................... 13
                                                                                         Chesapeake and Delaware Canal                       .......................  .................. 14
                                                                                         Lower Delaware River Shoreline                      .......................................... 15
                                                                                         Bombay Hook               ...................................................................... 16
                                                                                         Blackbird         .............................................................................. 17
                                                                                         St. Jones River           ...................................................................... 18
                                                                                         Central Kent County                 ............................................................ 19
                                                                                         Upper Murderkill River                  ........................................................ 20
                                                                                         Milford Neck            ........................................................................ 21
                                                                                         Primehook           ............................................................................ 22
                                                                                         Ellendale/Redden             .................................................................. 23
                                                                                         Cape Henlopen             ...................................................................... 24
                                                                                         Inland Bays           .......................................................................... 25
                                                                                         Great Cypress Swamp                  .......................................................... 26
                                                                                         James Branch            ........................................................................ 27
                                                                                         Nanticoke River              .................................................................... 28

                                                                                     Stand Alone Areas                .................................................................... 29.

                                                                                  Land Protection Methods                     .......................................................... 31

                                                                                  Acquisition Criteria                .................................................................... 37

                                                                                  Rmplementaflon Procedures                        ...................................................... 41

                                                                                  Appendices            .................................................................................. 43

                                                                                  Glossary        ........................................................................................ 51

                                                                                  Table I A-C          .................................................................. pages 38-40

                                                        Summary

                                                            One of Delaware's long-standing attractions is its unique and diverse
                                                        blend of open and natural areas. Expanses of forest land, meadows and
                                                        wetlands can still be found in surprising abundance in a state located in the
                                                        center of the densely populated Washington to Boston megalopolis.
                                                            The presence of these scenic undeveloped areas, or "greenspaces", can
                                                        be  largely attributed to two factors. Historically, much of Delaware's
                                                        pristine landscape has been owned and managed by agricultural interests and
                                                        other associated large landowners. Additionally, a quarter century old land
                                                        acquisition effort by government and private organizations has led to the
                                                        permanent protection of habitats important to the survival of native plant and
                                                        animal species and areas which provide a wide variety of recreational oppor-
                                                        tunities for Delawareans and visitors to our state.
                                                            Today, Delaware continues to enjoy the benefits of a now decade-long
                                                        period of economic growth and prosperity. With this growth there has come
                                                        a recognition among the citizenry that, without a conscious effort to preserve
                                                        key greenspace throughout the state, an important element of the state's
                                                        "quality of life7 will be lost. This conclusion is reinforced in the final report
                                                        of Delaware's Environmental Legacy Program, in the Quality of Life Initia-
                                                        tive of 1987, and in various other reports and programs concerned with the
                                                        future of Delaware's natural resources.
                                                            In response to this concern, the Greenspace for Delaware's Future
                                                        Committee (Greenspace Committee) was formed in the Spring of 1988 under
                                                        the auspices of the Governor's Environment and Infrastructure Cabinet
                                                        Council.
                                                            The Greenspace Committee, whose membership included a broad range
                                                        of environmental managers and resource experts within and outside of state
                                                        government (see Appendix A for membership), has worked to define a long-
                                                        range strategy to permanently protect important greenspaces. A key goal of
                                                        this strategy is to provide recommendations for strengthening and stream-
                                                        lining land acquisition efforts and to provide a variety of additional "protec-
                                                        tion tools" designed to keep environmentally important lands in private hands
                                                        in an undeveloped state.

                                                        Resources Alreas
                                                            The centerpiece of the strategy devised by the Greenspace Committee
                                                        is the designation of nineteen "resource areas" throughout the state. Each
                                                        resource area is comprised of lands that contain a wide variety of natural and
                                                        cultural resources significant to our state. A portion of these areas are now
                                                        under state or federal ownership as parks, wildlife areas or preserves.
                                                        Collectively, the resources areas comprise approximately 210,000 acres, or
                                                        18% of Delaware's total land base and represent the finest examples of
                                                        Delaware's diverse natural heritage.

                       Swnmary

                       Recommendation                  fft is recommended that the public and private sectors join together in a
                                                       partnership with the goal of bringing these resources areas under per-
                                                       manent protection by the year 2000, The attainment of this challenging
                                                       goaR wiH ensure that future generations will enjoy the same important
                                                       benefits these lands provide to us today.

                                                           A brief description of each of the resources areas, and discussion of
                                                       critical "stand alone" natural and cultural resources are noted below.

                                                       Brandywine Creek
                                                           This area includes a very diverse Piedmont stream valley, featuring old
                                                       growth forests, steep slopes, old fields and freshwater wetlands. It contains
                                                       riparian (streambank) habitat critical to maintenance of water quality and
                                                       diverse plant communities with rare and endangered species. The proximity
                                                       of this resource base to urban centers makes it an excellent area for environ-
                                                       mental education.
                                                  J
                                                       White Clay Creek
                                                           This area encompasses a very diverse Piedmont stream valley contain-
                                                       ing old growth forests, fields, freshwater wetlands and steep slopes. The area
                                                   I   contams riparian habitat critical to maintenance of water quality and diverse
                                                       plant communities with rare and endangered species. The proximity of this
                                                       resource base to urban centers makes it an excellent area for environmental
                                                       education.

                                                       Christina River
                                                         I The last remnant of an extensive tidal freshwater marsh and important
                                                       river corridor in a rapidly developing area is contained within this area. It also
                                                       represents a significant water quality maintenance area containing highly
                                                       valuable archaeological sites.

                                                       Upper ShoreHne--DeEaware River
                                                         . This area includes the last remairung undeveloped Delaware River shore-
                                                       line above the Chesapeake & Delaware Canal. It contains important historic
                                                       sites and areas for land and water-based recreation in a highly-developed
                                                       region. Pea Patch Island, which lies within the boundaries of this area, is a
                                                       nesting place to over 13,000 wading birds.

                                                       Chesapeake & Delaware Canal
                                                           This resource area encompasses the two largest freshwater marshes in
                                                       Delaware and contains regionally unique geologic formations. The wetland
                                                       areas harbor a rich variety of flora and fauna and provide migratory bird
                                                       habitat. The upland portions provide a variety of recreation opportunities in
                                                       a rapidly growing area of New Castle County.

                                                       Lower Delaware River Shoreflne
                                                           Extensive fresh and brackish tidal wetlands providing nesting and feed-
                                                       ing areas for many animal species are included in this area. This undeveloped
                                                       region safeguards water quality and preserves shoreline habitat. The area
                                                       provides high quality public hunting and excellent wildlife observation
                                                       opportunities. Numerous archaeological sites are found throughout this
                                                       resource area.

                                                         2

                                                                                                                             Summary

                                                       Bombay Hook
                                                           This area includes valuable estuarine wetlands and shoreline habitats
                                                       harboring significant wildlife populations. The area provides opportunities
                                                       for public hunting, water-based recreation, wildlife observation and environ-
                                                       mental education.

                                                       Blackbird
                                                           This resource area consists of coastal plain hardwoods protecting head-
                                                       waters of three undeveloped watersheds and associated prehistoric resources,
                                                       Blackbird is a forested wetland complex containing significant geological and
                                                       biological features. This site offers valuable opportunities for environmental
                                                       education and public hunting.

                                                       St. Jones River
                                                           This area includes valuable riparian and estuarine wetlands, including
                                                       opportunities for public hunting in a developing region. Archaeological sites
                                                       and early colonial settlements are also found in this area.

                                                       Central Kent County
                                                           This area encompasses extensive upland and bottomland forest. It also
                                                       offers opportunities for public hunting and outdoor recreation in a develop-
                                                       ing region and encompasses areas significant for groundwater yield and
                                                       recharge.

                                                       Upper Murderkill RWer
                                                           Scenic river corridors within expansive floodplain forests are found in
                                                       this area. The dominant landscape is agricultural, with opportunities for water
                                                       access and an assortment of land-based recreation.

                                                       Milford Neck
                                                           This area represents the largest extent of privately-owned estuarine
                                                       shoreline and wetlands in Delaware. It contains critical migratory shorebird
                                                       feeding and resting areas. The site of a prehistoric Indian burial ground can
                                                       be found in this area.

                                                       Primehook
                                                           Acreages of bay front beach, salt marshes, tidal freshwater wetlands,
                                                       stream corridors and a forested wetland complex containing important geo-
                                                       logical and biological features in this area provide extensive habitat for very
                                                       diverse plant and animal communities. The area is also important for public
                                                       hunting and fishing, and prehistoric resources.

                                                       EliendaRe/Redden
                                                           This area is one of the largest forested wetland complexes in the state
                                                       and is noted for its groundwater recharge and yield potential. The area con-
                                                       tains diverse plant and animal communities and lends itself to environmental
                                                       education and hunting opportunities.

                                                       Cape Henlopen
                                                           The cape's sandy peninsula is the dynamic geologic feature represented
                                                       in this area. The dune landscape, ocean and bay beaches and salt marsh
                                                       combine to make this a unique natural community.

                                                                                                                                   3

                         Swnmary

                                                        Inland Bays
                                                            Significant acreages of upland forests, fresh and estuarine wetlands,
                                                        barrier beaches and Delmarva Bays are found in this area. Rare plants and
                                                        animals along with prehistoric sites are scattered throughout. In this rapidly
                                                        developing region this area provides outlets for water-based recreation, public
                                                        hunting, and environmental education.

                                                        Great Cypress Swamp
                                                            This area contains the largest contiguous forested wetland complex in
                                                        Delaware. The unique hydrologic and geologic setting of this region
                                                        promotes a diverse biological community.

                                                        James Branch
                                                            The complex of ponds and bottomland forested corridors found in this
                                                        area contains significant archaeological sites. Many rare plants and the north-
                                                        emmost natural stand of bald cypress in North America can also be found
                                                        here. Significant water-based recreational and environmental education
                                                        opportunities are available.

                                                        Nanticoke River
                                                            Dry upland forest, old fields and a tidal river corridor containing valu-
                                                        able freshwater wetlands characterize this area. The area features many rare
                                                        plants and archaeological sites. Significant sites for public hunting and water-
                                                        based recreation are also found.

                                                        Stand-ARones

                                                            Critical natural and cultural resources will be found in areas other than
                                                        the nineteen broad locations listed above. Tbrough various programs and
                                                        projects, the State has made commitments to protecting critical resources
                                                        which "stand alone" from these large areas. Stand-alones are high priority
                                                        areas for protecdon.Mey include state-recognized unique natural areas, habi-
                                                        tat for rare and endangered species, cultural resources, mill ponds, freshwater
                                                        wetlands, and stream valley corridors.

                                                        Lmd Rroteeflon Methods
                                                            Outright acquisition of lands contained within resource areas by govern-
                                                        ment or private conservation groups is the most traditional, and most depend-
                                                        able method of ensuring lasting protection. However, the availability of
                                                        financial resources for acqusition may not always be sufficient to prevent
                                                        unwanted alteration or development of Delaware's outstanding natural and
                                                        cultural resources. In addition, situations may arise where innovative meth-
                                                        ods to keep undeveloped areas in private hands may provide benefits not
                                                        attainable if the property were to come under public sector management.
                          Recommendation                @n light of these Facts, the Greenspace Committee recommends that Dehq-
                                                        ware devise and implement a comprehensive package of land protection
                                                        methods as part of a greenspace program. Such a package will provide
                                                        a greater range of options by which public and private interests can
                                                        secure permanent protection Tar lands within designated resource areas.
                                                        Use of alternative 2.9n d protection methods can also serve as a means to
                                                        "hold" important greenspace until such time as funding isav2flable Fair
                                                        outright acqusftion.

                                                           4

                                                                                                                              Summary

                                                            The following represents a package of land protection methods to assist
                                                        Delaware's efforts to ensure long-term greenspace protection.
                                                        Conservation Easement-This option allows private landowners to main-
                                                        tain ownership of their lands while at the same time participating in protect-
                                                        ing unique and/or historic attributes of their land. Conservation easements
                                                        require time consuming contacts with individual landowners which, to be
                                                        effective, will require a partnership between state government and private
                                                        non-profit agencies.
                                                        Purchase of Resource Rrolection Rights--This protection tool would
                                                        permit a public or private entity to purchase the rights to manage specific
                                                        resources or activities such as hunting, mining, development, water, recfea-
                                                        tion, timber, wildlife, agricultural, visual or scenic vistas, drainage, and
                                                        cultural or historic resources.
                                                        Land Use Regulations: The Overlay Zone-This technique works where
                                                        there is a single resource requiring a common level of protection such as
                                                        groundwater recharge and discharge areas, unique natural areas, historic and
                                                        archaeological sites, steep slopes or floodplains. This type of zoning "over-
                                                        lays" additional protection requirements or standards on the base zoning
                                                        district whether it is residential, commercial or industrial. In Delaware, all
                                                        100 year floodplains are mapped as overlay zones.
                                                        Tax Incenfives-The first of these categories involves preferential assess-
                                                        ments. Other categories include deferred assessments and restrictive agree-
                                                        ments. These broad categories of tax incentives represent a starting point
                                                        from which tax options could be fashioned to encourage the long-term
                                                        protection of lands important to the state's natural diversity.
                                                        State Trust Fund-In 1986 the General Assembly established the Delaware
                                                        Land and Water Conservation Trust Fund as a stable funding source for the
                                                        acquisition of open space conservation and outdoor recreation lands. Enough
                                                        Trust-generated interest had accrued by 1988 to purchase modest amounts
                                                        of land. A greater committment to enhance the Fund will be required to
                                                        achieve the goals set forth in this document.
                                                        Local Land M-usf&-This type of "grass-roots" effort to preserve a specific
                                                        piece of property has proven successful in the past in Delaware. Today, there
                                                        is a need to "network" a series of local and regional organizations which can
                                                        complement the work of county and state agencies involved in resource
                                                        preservation.
                                                        Estate Planning-Many property sellers are unaware of options such as
                                                        restrictive covenants or deed restrictions that they could require to preserve
                                                        important natural or historic attributes associated with their properties. More
                                                        information should be available to landowners and the development commu-
                                                        nity to explore ways in which quality development can occur or even be
                                                        enhanced in conjunction with resource protection.

                                                        AcquStflon cirkeirin
                                                             Preserving greenspace within the nineteen resource areas will require a
                                                        concentrated effort to maximixe the use of available public and private fund-
                                                        ing. Within the suggested decade-long time frame for achieving the goals of
                                                        this report, choices on what lands will be purchased among those made
                                                        available will often be required. The degree to which funding is available
                                                        may, in some years, make these decisions difficult.

                          Swnmary

                          Recommendation                To address this concern, it is recommended that Rand acquisition by state
                                                        government be done in a manner that best utilizes the professional
                                                        judgement of resource management experts and is done in a fashion
                                                        which is clearly understood, and has high credibility, among potential
                                                        sellers of land, the Delaware General Assembly, and the public at large.

                                                            As part of its work, the Greenspace Committee has revised and expanded
                                                        the rating system used in past years by the Division of Parks and Recreation
                                                        to evaluate land parcels made available to the state for purchase.
                          Recommendation                Et is recommended that, ToOlowing extensive public review and comment,
                                                        the criteria developed Tor evaluating and ranking Band parcels Tor
                                                        possible acquisition by state government, as detailed in Section 4 of this
                                                        report, be recognized as the policy by which greenspace wflR be
                                                        purchased by state agencies.

                                                        IMPEeMenftfl(Dn
                                                            Success in achieving the ambitious goals that are set forth in this report
                                                        will require the combined efforts of local and state government, private con-
                                                        servation organizations, agriculture, business and industry, and concerned
                                                        citizens throughout the state.
                          Recommendation                En order to unite these Terces, it is recommended that the Department
                                                        of Natural Resources and EnvironmentaR Control take a Read role in
                                                        forging an alliance between the public and private sectors to carry out
                                                        the task oTpeirmanently protecting the greenspaces identified within the
                                                        nineteen resource areas. This alliance should work closely with existing
                                                        organizations, such as the Commission on Open Space and Natural
                                                        Areas, and a recommended permanent working committee of technical
                                                        experts from within and outside of state government.

                                                           6

                                                                                    0
                                                           Hn@irodluctnon d%nd Bzckground

                                                                The practice of setting aside lands for community use and conservation
                                                           is a concept which predates the establishment of our nation. Early settlers and
                                                           Colonial leaders recognized the importance of designating open spaces in
                                                           cities and rural areas for recreation, hunting, grazing and commerce. Perhaps,
                                                           the best-known examples here in Delaware are the Dover Green, New Castle
                                                           Green and the Warner Grant near Lewes. In the 1800's, the grant parks of
                                    4
                                                           our large cities were set aside and developed for recreation and the country's
                                                           first forest preserves and national parks were established. The early part of
                                                           this century saw the creation of our extensive state and municipal park
                                                           systems. In recent years, the focus has been on protecting critical natural
                                                           areas and providing close-to-home recreation for ever-growing suburban
                                                           populations.
                                                                The need to acquire and protect land for resource conservation and pub-
                                                           lic recreation use has been well documented. It is generally accepted that
                                                           open spaces are vital to our physical and emotional well-being and to the bio-
                                                           logical health of our planet. In Delaware, lands have been acquired for
                                                           recreation and open space for well over 100 years. Each generation has had
                                                           different priorities, laying the groundwork for the extensive network of
                                                           recreation and conservation lands which we now treasure. But, the present
                                                           generation, like those which preceded us, recognizes that land conservation
                                                           is a never-ending task. This responsibility becomes even more critical as
                                                           population and development increase and fewer and fewer quality open
                                                           spaces remain to be preserved for any purpose.
                                                           CategoirOes oT Need
                                                                The extent of the need for additional public lands for recreation and con-
                                                           servation can best be understood by considering the diverse types of land for
                                                           which existing public policy promotes acquisition:
                                                                State Parks--Delaware's state park system includes twelve parks and
                                                                four preserves comprising over 11,000 acres. Inland and ocean front
                                                                parks provide for a broad range of outdoor recreation opportunities for
                                                                residents and visitors. None of these parks has achieved the final bounda-
                                                                ries proposed in the various master plans. Inholdings and extensions
                                                                must be acquired in order to provide a base for facility development, to
                                                                protect natural resources and to promote efficient management.
                                                                Fish and WHOTe Areas-Over 33,000 acres are managed by DNREC
                                                                for fish and wildlife purposes including hunting and wildlife areas, fish-
                                                                ing; and boating access points and many inland freshwater ponds. As
                                                                opportunities for hunting and fishing on private land are diminished by
                                                                competing land uses, these areas become increasingly important. Inhold-
                                                                ings, extensions and new areas must be acquired, especially on ponds,
                                                                streams and along the Delaware Bay and Wand Bays.

                                                                                                                                        7

                       Introduction andBackground

                                                           Museums and Historic Sites-Delaware's 24 state museums and his-
                                                           toric sites encompass, preserve and interpret significant aspects of the
                                                           state's history and prehistory. In many cases, the setting of the museums
                                                           is threatened by incompatible development. It is important to acquire or
                                                           protect by other means extensions of several museums properties to
                                                           expand the interpretation and acurately convey the historic setting.
                                                           State Forests-The large majority of forested lands in Delaware are
                                                           privately owned. Our two state forests contain 6,700 acres and are man-
                                                           aged for multiple uses including timber production, outdoor recreation
                                                           and open space protection, Many of the forest parcels are not connected.
                                                           Purchase of inholdings and connector parcels could make these areas
                                                           more effective in managing their multiple uses.
                                                           Natural Areas--A statewide Natural Areas Preservation System was
                                                           established by the Legislature in 1978 to protect outstanding natural
                                                           lands in three categories: ecological, geological and archaeological.
                                                           Seventy-'four areas are now on the inventory and comprise thousands of
                                                           acres in public and private ownership. Eight areas have already been
                                                           permanently dedicated as nature preserves through a combination of
                                                           public and private action. However, outright acquisition is the only
                                                           solution to permanently preserve a large portion of these properties.
                                                           County/RegionaR Parks-New Castle County maintains an extensive
                                                           network of county and neighborhood parks, mostly above the Canal.
                                                           Kent County operates only one regional park and Sussex County owns
                                                           no parkland. Trends indicate that the public desires close-to-home rec-
                                                           reatfon opportunities. Growing populations around the C & D Canal, and
                                                           areas in Kent and Sussex Counties will require close-to-home open
                                                           spaces for recreational opportunities.
                                                           Municipal ities/Urban Areas-Wilmington and most small cities and
                                                           towns provide parks and open spaces of varying functions and sizes.
                                                           Nearly all of these communities are growing; demand for appropriate
                                                           recreation areas and open spaces will follow. Though lands needed in
                                                           these areas may be small, their cost may be proportionately higher than
                                                           rural open space.
                                                           Private and Specialized Areas-Many private, non-profit organizations
                                                           have land conservation as a primary or secondary purpose. Organizations
                                                           such as Delaware Wild Lands (DWL), the Delaware Nature Society
                                                           (DNS), and The Nature Conservancy (TNQ purchase or advocate the
                                                           purchase of particular types of land. These groups have special interests
                                                           in sites that include coastal areas, wetlands, rare plant sites, stream
                                                           valleys, nature centers and outdoor education areas.
                                                           Greenways-As efforts to preserve open space for recreation and
                                                           conservation become more sophisticated, the relationship of all of the
                                                           above-mentioned resources becomes more apparent. Utilizing the green-
                                                           way concept, these areas can be interconnected to the benefit of wildlife
                                                           and recreationists and to enhance and buffer existing conservation lands.
                                                           Such a greenway effort will necessitate the acquisition of some lands
                                                           which would not otherwise fit into the above groupings. This approach
                                                           is also a recommendation of the Delaware Environmental Legacy
                                                           Program.

                                                                                                             Lands of State Significance

                                                         Lznds oT StRite Mpflunce

                                                               Although many areas throughout the state are valued for their ecologic
                                                         or recreational value, it is clear that certain lands within our boundaries
                                                         comprise important elements of Delaware's natural and cultural heritage.
                                          VJ
                                                         Some of these areas, such as Cape Henlopen or Cypress Swamp, are well
                                                         known to most Delawareans. However other sites, which may contain any
                                                         number of important plant or animal species or cultural resource, are less well
                                                         known but are equally significant.
                                                               The centerpiece of the program outlined by Greenspace for Delaware's
                                                         Future Committee are lands which are highly important to the state's natu-
                                                      I  ral and cultural heritage and biological diversity. These lands are identified
                                                         in the following sections and should be targeted for long-term protection.
                                                         Such lands, either by themselves or in conjuction with other properties,
                                                         comprise an inventory of lands which are of statewide significance to the
                                                         citizens of Delaware.
                                                               Through an extensive examination of Delaware's natural and cultural
                                                         landscape by natural and cultural resource experts from a cross section of
                                                         state agencies, 19 broad geographic areas have been identified. These lands
                                                         of state significance have met one or more of the following criteria listed
                                                         below:
                                                            1. Lands which contain multiple outstanding resources of statewide impor-
                                                               tance and which values can be supported by information from a data
                                                               base, comprehensive published report, or local, state or federal. resource
                                                               management plan; and/or
                                                            2. Lands which contain a single exceptional ecologic, botanic, geographic,
                                                               historic or geologic attribute that is recognized as having state, national
                                                               or international importance; and/or
                                                            3. Lands which provide public access to outdoor recreational opportuni-
                                                               ties and which have been recognized as such by information from a data
                                                               base, comprehensive published report(s), or through the resource
                                                               management plans of local, state or federal agencies.
                                                               The nineteen locations, referred to as "resource areas," are presented in
                                                         the following sections including descriptions of their attributes, site activi-
                                                         ties, acreages protected and unprotected and existing management responsi-
                                                         bilities.

                                                                                                                                          9

                      Lands ofState Significance

                                                    Resource Aireas

                                                    Bnsndyw@ne Creek

                      Overview                      Very diverse Piedmont stream valley, featuring old growth forests, steep
                                                    slopes, old fields and freshwater wetlands. This resource area contains
                                                    riparian habitat critical to maintenance of water quality and diverse plant
                                                    communities with rare and endangered species. The proximity of this
                                                    resource base to urban centers makes this an excellent area for environmental
                                                    education.
                      Attributes                    5.8 miles along a steep, rocky sloped major stream valley with valuable
                                                    geologic and unique natural community features
                                                    Protected resource area helps maintain high water quality
                                                    Significant historical and archaeological features
                                                       ED Prehistoric sites representing small camps and villages from 3000 B.C.
                                                         to 1650 A.D.
                                                       o Nationally significant historic mill sites and related structures
                                                    Contains 3 State-recognized natural areas
                                                    Two sites, Tulip Tree Woods and Fresh Water Marsh dedicated as Nature
                                                    Preserves-36 acres combined
                                                    Very diverse plant community with known location for 23 rare plant species
                                                    of State concern

                                                    Diverse animal community with known location for 5 animal species of State
                                                    concern
                                                    Uplands include mix of old growth forests; 300+ acres forested
                                                    Wide array of land-based recreation opportunities
                                                    Access to water-based recreation opportunities
                                                    Environmental education and interpretive opportunities are very extensive
                      Current Acreage               This resource area features one management unit, Brandywine Creek State
                                                    Park, 783 acres. It is located along the upper portion of the Brandywine Creek
                                                    currently protecting 1.6 miles of riparian habitat.
                                                    This area is buffered by lands under. conservation easements with the
                                                    Brandywine Conservancy and lands held by the Woodlawn Trustees in both
                                                    Delaware and Pennsylvania.
                      Proposed for Protection       Approximately 800 acres along the river between the park and the state line
                                                    are a recommended addition to this resource area
                                                       o Protection of these lands will protect more of the natural resources listed
                                                          above as well as another 4.2 miles of stream corridor

                                                       10

                                                                                                          Lands ofState Significance

                                                        White Clay Cireek

                          Overview                      Very diverse Piedmont strewn valley containing old growth forests, steep
                                                        slopes, old fields and freshwater wetlands. This resource area contains
                                                        riparian habitat critical to maintenance of water quality and diverse plant
                                                        communities with rare and endangered species. The proximity of this
                                                        resource area to urban centers makes this an excellent area for environmental
                                                        education.
                          Attributes                    7.3 miles of undeveloped riparian habitat helps maintain high-water quality
                                                          o 4.2 miles along the White Clay Creek and 3.1 miles along Middle Run
                                                        Significant historic and archaeological features
                                                          o Prehistoric hunting camp locations, from 9000 B.C. to 1650 A.D. and
                                                             historic settlement perhaps dating to as early as the 17th century
                                                        Significan               ures including steep slopes
                                                                  t geologic feat
                                                        Contains 3 State-recognized natural areas
                                                        Very diverse plant community with known location for 24 rare plant species
                                                        of State concern
                                                        Diverse animal community with known location for 2 rare animal species of
                                                        State concern

                                                        700 acres of forest lands
                                                        Wide array of land-based recreation opportunities
                                                        Access to water-based recreation opportunities
                                                        Significant hunting opportunities
                                                        Environmental education and interpretive opportunities are very extensive
                          Current Acreage               Several management units make up this resource area protecting 1,9 10 acres
                                                        and 5.1 miles of riparian corridor. The 593-acre Walter S. Carpenter Jr. State
                                                        Park joins the 569-acre White Clay Creek Preserve-belaware's portion of
                                                        the Bi-State Preserve. (Pennsylvania manages 1,252 acres). Both units are
                                                        managed by the State Division of Parks & Recreation.
                                                        The Middle Run Natural Area is a part of this resource area. It contains 748
                                                        acres and is managed by the New Castle County Department of Parks &
                                                        Recreation.
                                                        The City of Newark has several holdings along the White Clay Creek of
                                                        about 20 acres.
                          Proposed for Wolection        As part of an acquisition package presented June 1988, 321 acres are to be
                                                        purchased that will nearly connect the White Clay Preserve with the Middle
                                                        Run Natural Area.
                                                        University of Delaware properties total approximately 302 acres adjoining
                                                        the Middle Run Area.
                                                        Lands leased by the State adjoining Carpenter State Park and properties
                                                        paralleling White Clay Creek are proposed park additions.
                                                        This resource area with the proposed 2,600 acre additions will become the
                                                        most extensive greenway corridor in New Castle County and will protect an
                                                        additional 2.2 miles of riparian corridor.

                       Lands ofState Significance

                                                   Chirl'sOnz RWeir

                       Ovelrv@ew                   Last remnant of an extensive tidal freshwater marsh and important river
                                                   corridor in a rapidly developing area. Significant water quality maintenance
                                                   area containing highly valuable archaeological sites.
                       AtMbutes                    19.4 miles of tidal freshwater riparian habitat helps maintain high water
                                                   quality.
                                                   Very significant historical and archaeological features
                                                      o Prehistoric archaeological sites of statewide significance representing
                                                        hunting camps from 8000 B.C. to large living sites from 3000 B.C. to
                                                        1600 A.D. Early historic living sites from the 17th and early 18th
                                                        century
                                                   Contains 2 State-recognized natural areas
                                                   Diverse plant communities with known location for 5 rare plant species of
                                                   State concern

                                                   Diverse animal communities
                                                   600 acres of floodplain and upland buffer forests
                                                   Access to water recreation opportunities
                                                      Ei Two boat ramps
                       Current Acreage             Lewden Greene Park and Becks Pond Park total 246 acres managed by the
                                                   New Castle County Department of Parks & Recreation.
                       Proposed Tor Protection     Protection of this unprotected resource area (approximately 3,000 acres) is
                                                   essential for water qualilty maintenance in upper Now Castle County.
                                                   Currently 18.6 miles of river corridor are unprotected.

                                                                                                              -Z

                                                      12

                                                                                                          Lands ofState Significance

                                                         Upper De@@iware RWeir ShuireHne

                            Overview                     Last remaining undeveloped Delaware River shoreline above the Chesa-
                                                         peake & Delaware Canal. Contains high quality historic sites and areas for
                                                         land and water-based recreation in a highly-developed region. Pea Patch
                                                         Island is a nesting area to over 13,000 wading birds.
                            Attributes                   5.5 miles of tidal freshwater shoreline protecting 5 disjunct properties
                                                         Very significant historic features
                                                           c Prehistoric sites representing small camps and villages and historic
                                                              archaeological sites representing early colonial occupation
                                                           ii Nationally significant Fort Delaware State Park in this area
                                                         Contains 2 State-recognized natural areas
                                                            i:i Dedicated, Pea Patch Island Nature Preservo-- 155 acres
                                                         Four rare plant species of State and one of Federal concern (bur-marigold)
                                                         Diverse animal community

                                                         100 acres of mixed forest cover at Bellevue State Park

                                                         Very wide array of land-based recreation opportunities
                                                         Good access to water-based recreation opportunities
                                                         Environmental education and interpretative opportunities are extensive
                                                         Significant water recharge area
                            Current Acreage              This resource area follows the Delaware River from the state line south to
                                                         the city limits of Delaware City. 971 acres are protected within several
                                                         resource units: Bellevue State Park, 271 acres; Fox Point Park, 170 acres;
                                                         Battery Park, 20 acres; Ommelanden Training Center, 223 acres; and Fort
                                                         Delaware State Park on 288 acre Pea Patch Island. These parcels protect 4.75
                                                         miles of shoreline. The shoreline fringes of the 234 acre National Guard site
                                                         adjoining Ornmelanden can also be included in this resource area.
                            Proposed for Protection      Bellevue State Park and Fox Point Park are separated by 53 undeveloped
                                                         acres in two adjoining parcels. The addition of this area will produce a
                                                         valuable greenway corridor in a highly developed urban area.
                                                         An additional 0.75 miles riparian habitat and freshwater wetlands, containing
                                                         approximately 300 acres along the river shoreline, should be protected to
                                                         provide the public with greater access to the shoreline for either active or
                                                         passive recreation.

                       Lands ofState Significance

                                                      Ches.%pe.%ke & De@awane CalmaD

                        Overview                      This resource area encompasses the two largest freshwater marshes in Dela-
                                                      ware and contains regionally unique geologic formations. The wetland areas
                                                      harbor a rich variety of flora and fauna and provide migratory bird habitat.
                                                      The upland portions provide a variety of recreation opportunities in a rapidly
                                                      growing area of New Castle County.
                        Attributes                    5 miles of Delaware River shoreline, 11.8 miles of canal shoreline and 3.5
                                                      miles of riparian shoreline are in this area.
                                                        o 1,760 freshwater wetland acres at Dragon Run and Thousand Acre
                                                           Marsh
                                                      Very significant geologic features
                                                      Contains 3 State-recognized natural areas
                                                      Significant water recharge area
                                                      Very significant historical and archaeological sites
                                                        � Undisturbed areas have a high probability for prehistoric hunting and
                                                           gathering camps and early historic archaeological sites at the east end
                                                           of the canal
                                                        � Two historic districts, Delaware City and St. Georges, are adjacent to
                                                           the area as well as a number of 19th century farm complexes
                                                      Diverse plant community with known location for 6 rare plant species of
                                                      State concern

                                                      Very diverse animal community
                                                      Approximately 1500 acres of forested lands
                                                      Very wide array of land-based recreational opportunities
                                                      Good access to water-based recreational opportunities (Lums Pond C & D
                                                      Canal and Delaware Bay)
                                                      Very significant hunting opportunities
                                                      Environmental education and interpretive opportunities are extensive
                        Current Acre2ge               This resource area encompasses several management untits. Lums Pond State
                                                      Park (1,757) is managed by the Division of Parks & Recreation. The Divi-
                                                      sion of Fish & Wildlife owns 679 and leases 5,178 acres from the U.S. Army
                                                      Corps of Engineers. The Division of Fish and Wildlilfe also manages the
                                                      1,410-acre Augustine Wildlife Area, 96-acre Augustine Beach Access and 50-
                                                      acre Reedy Island in the Delaware River.
                                                      The Governor Bacon Health Center located along the Delaware River and
                                                      north of the Canal contains approximately 110 acres that may be managed
                                                      as an adjunct of Fort Delaware State Park.
                         Proposed for Protection      Areas recommended for protection in this resource area (totaling
                                                      approximately 3,600 acres) include the Dragon Run Marsh, north of the canal
                                                      and Thousand Acre Marsh on the south side adjoining Augustine Wildlife
                                                      Area.
                                                      The protection of additional lands will help maintain the largest freshwater
                                                      wetlands complex in northern Delaware, including 3.5 miles of riparian
                                                      habitat.

                                                                                                           Lands ofState Significance

                                                        Loweir IDeRaware Mveir Shou-eHime

                           Overview                     Extensive fresh and brackish tidal wetlands providing nesting and feeding
                                                        areas for many animal species. This undeveloped area safeguards water
                                                        quality and preserves shoreline habitat. The area provides high quality public
                                                        hunting and excellent wildlife observation opportunities. Numerous archaeo-
                                                        logical sites are found throughout the resource area.
                           Attributes                      o 62.4 miles of undisturbed riparian habitat and approximately 9.75 miles
                                                             of continuous Delaware River shoreline helps maintain high water
                                                             quality
                                                           o 5 coastal river systems and the Delaware River
                                                           Ei Critical habitat for wood duck and black duck
                                                           :i Productive fish nursery
                                                        Very significant historical and archaeological features
                                                           o Major prehistoric encampments beginning by 3000 B.C. as well as
                                                             English settlement in the early 18th century
                                                        Contains 7 State-recognized natural areas
                                                           o Armstrong Heronry Nature Preserve-88 acres
                                                        Known location for several rare plant species of State concern
                                                        Very diverse animal community
                                                           o Buffer and feeding area for wading birds and migratory shorebirds
                                                           Ei One of largest great blue heron nesting sites on the east coast
                                                        1,100 acres of forest land
                                                        Access to water-based recreational opportunities
                                                        Very significant hunting opportunities
                           Current Acreage              This resource area contains 4,021 acres managed by the Division of Fish &
                                                        Wildlife in the Silver Run, Appoquinimink and Cedar Swamp Wildlife Areas.
                                                        Delaware Wild Lands, a private conservation group, owns 3,636 acres.
                           Proposed for Protection      7.0 miles of shoreline and 12.7 miles of riparian corridor are protected.
                                                        Approximately 19,000 acres along six coastal river systems and the Delaware
                                                        River are recommended for protection, including 2.8 miles of shoreline and
                                                        about 50 miles of riparian habitat.

                                                                                                                                    15

                        Lands ofState Significance

                                                     BoMhEy Hook

                        Overview                     Valuable estuarine wetlands and shoreline habitats harboring significant
                                                     wildlife populations. Area provides opportunities for public hunting, water-
                                                     based recreation, wildlife observation and environmental education.
                        Attributes                   Over 25,000 acres of undisturbed wetlands consisting of 20.2 miles of
                                                     continuous Delaware Bay shoreline and 88.3 miles of riparian habitat help
                                                     maintain high water quality.
                                                        o Six coastal river systems and the Delaware River
                                                     Significant historical and archaeological features
                                                        Ei Scattered hunting and gathering sites interspersed with a few small
                                                          village sites from 3000 B.C. to 1650 A.D. Early English settlements
                                                          from the 18th century are likely.
                                                     Contains 2 State-recognized natural areas
                                                     Very diverse animal community with known location for several rare animal
                                                     species of State and Federal concern
                                                        ii Crucial feeding and resting area for migratory shorebirds
                                                        o Wintering habitat for geese and ducks in the Atlantic Flyway
                                                        o Bald eagle nesting and feeding area
                                                     505 acres of coastal forest
                                                     Good access to water-based recreational opportunities
                                                        o 4 boat ramps
                                                     Very significant hunting opportunities
                                                     Environmental education and interpretative opportunities are very extensive
                        Current Acreage              This resource area includes 15,333 acres in the Bombay Hook National
                                                     Wildlife Refuge. The state-managed Little Creek Wildlife Area protects 4,679
                                                     acres and 4,318 acres of the Woodland Beach Wildlife Area. These sites
                                                     currently protect 14.8 miles of shoreline and 54.4 miles of riparian corridor.
                        Proposed for Protection      An addition of approximately 12,500 acres is recommended in order to pro-
                                                     tect an additional 5.4 miles of shoreline- and about 40 miles of riparian habitat.

                        17

                                                        @6

                                                                                                            Lands ofState Significance

                           Overview                      This resource area consists of coastal plain hardwoods protecting headwaters
                                                         of three undeveloped watersheds and associated prehistoric resources. Black-
                                                         bird is a forested wetland complex containing significant geological and
                                                         biological features. This site offers valuable opportunities for environmental
                                                         education and public hunting.
                           Atuributes                    This resource area is significant for water recharge and maintenance of water
                                                         quality.
                                                            ci 9.7 miles of stream corridor

                                                         Scattered coastal plain ponds known as Delmarva Bays which are geologi-
                                                         cally and biologically unique
                                                         Very significant historical and archaeological features
                                                            Ei Large hunting and living sites before 3000 B.C. with smaller prehistoric
                                                              sites thereafter. Scattered 18th century farmstead sites likely.
                                                         Contains 2 State-recognized natural areas
                                                            ii Blackbird Delmarva Bays Nature Preserve-20 acres
                                                         Very diverse plant community with known locations for 4 rare plant species
                                                         of State concern including 3 of Federal concern (small whorled pogonia,
                                                         Barratt's sedge, Harper's firnbristylis)
                                                         Very diverse animal community with known locations for 3 rare animal
                                                         species of State concern
                                                         2,518 acres of mixed hardwood and pine woodlands
                                                         Wide array of land-based recreational opportunities
                                                         Very significant hunting opportunities
                                                         Environmental education and interpretative opportunities are very extensive
                           Current Acreage               Two management units make up this resource area. Blackbird State Forest
                                                         is composed of five tracts totaling 1,719 acres and Blackiston Wildlife Area
                                                         is composed of four tracts totaling 1,581 acres, protecting 1.9 miles of ripar-
                                                         ian habitat.
                           Proposed Tbir Protection      Recommended additions to this resource area would protect approximately
                                                         13,000 acres including a unique freshwater wedand complex and 7.2 miles
                                                         of riparian headwater coff idors.
                                                         This resource area flows into the Millington Wildlife Area in Maryland.

                                                                                                                                      17

                        Lands ofState Significance

                                                     31. Jones RE'Veir

                        Overview                     Valuable riparian and estuarine wetlands, including opportunities for
                                                     public hunting in a developing region. This area contains archaeological
                                                     sites and early colonial settlements.
                                                     18.2 miles of riparian shoreline and 1.8 miles of Delaware Bay shoreline
                                                     and adjoining wetlands help maintain high water quality.
                                                     Very significant historical and archaeological features
                                                        o Prehistoric archaeological sites of statewide significance including
                                                           small base camps, hunting and gathering sites from 7000 B.C. to
                                                           1650 A.D.
                                                        Li Early historic archaeological sites representing first English settle-
                                                           ment in Kent County in the late 17th century and many 18th century
                                                           sites.
                                                        o Nationally significant historic properties including the John Dickin-
                                                           son Plantation and Kingston-Upon-Hull.
                                                     Diverse plant and animal communities
                                                        E Bald eagle feeding area

                                                     210 acres of woodlands
                                                     Access to water-based recreational opportunities
                                                     Very significant hunting opportunities
                                                     Environmental education and interpretative opportunities are very
                                                     extensive

                        Current Acreage              This resource area is composed of four management units. The 18 acre
                                                     Dickinson P@antation is managed by the Division of Historic and Cultural
                                                     Affairs. T'he Division of Fish and Wildlife manages 2,019 acres at the Ted
                                                     Harvey Conservation Area, 181 acres at the Buckaloo Tract, 176 acres at
                                                     the Roberts Tract and 30 acres in a series of river islands. Kent County
                                                     Department of Parks and Recreation manages 18.5 acres at Tidbury Creek
                                                     Park. The shoreline and 4.2 miles of riparian habitat are protected in this
                                                     resource area.

                        Proposed Tor I?irotediun     An addition of approximately 4,GOO acres is recommended to protect natu-
                                                     ral and nationally significant historic features in Kent County and an
                                                     additional 14.0 miles of riparian corridor.

                                                                                                        Lands ofState Significance

                                                       CenlirzE Kent Counly

                          Overview                     Extensive areas of upland and bottomland forest offering opportunities for
                                                       public hunting and outdoor recreation in a developing region and encompass-
                                                       ing areas significant for groundwater yield and recharge.
                          Attributes                   2,934 acres forest cover
                                                          F-i Mixed hardwoods
                                                          o Pockets of loblolly and Virginia pine
                                                       Contains I State-recognized natural area
                                                       Diverse plant and animal communities
                                                       Wide array of land-based recreational opportunities
                                                          Ei Wildlife observation
                                                          o Hiking, horseback riding
                                                       Very significant hunting opportunities
                                                       Water recharge/yield
                          Current Acreage              This site contains the 3,539 acre Norman G. Wilder Wildlife Area managed
                                                       by the Division of Fish & Wildlife.
                          Rroposed for Froleeflon      An addition of approximately 5,600 acres is recommended to connect the two
                                                       tracts of the Wilder Area and provide the largest contiguous recreation and
                                                       conservation spot in central Kent County.

                       Lands ofSfate Significance

                                                    UppeT Muirde@-kffi RIOVeir

                       Overview                     Scenic river corridors within expansive floodplain forests. The dominant
                                                    landscape is agricultural, with opportunities for water access and an assort-
                                                    ment of land-based recreation.
                       Attributes                   17.6 miles of riparian habitat helps maintain high water quality
                                                       ii Contains main stem Murderkill River (9.4 miles), Spring Creek
                                                         (5.4 miles), and Browns Branch (2.8 miles)
                                                    Significant historical and archaeological features
                                                       o Prehistoric sites representing large base camps or villages from 2000
                                                         B.C. to 1650 A.D. and historic sites of early milling activities
                                                    Contains I State-recognized natural area
                                                       12 140 acres dedicated in the Murderkill River Nature Preserve in 4 tracts
                                                    Diverse plant community with known location for 4 rare plant species of
                                                    State concern

                                                    Diverse animal community

                                                    850 acres of forest cover

                                                    Very wide aff ay of land-based recreational opportunities
                                                    Good access to water-based recreational opportunities
                                                       o 6 boat f amps;
                                                    Environmental education and interpretative opportunities are extensive
                                                    Significant water recharge area
                       Current Acreage              The Division of Parks & Recreation manages 782 acres including Killens
                                                    Pond State Park with 642 acres. The park surrounds Killens Pond and bor-
                                                    ders Coursey Pond protecting 4.2 miles of river corridor. The Division of Fish
                                                    & Wildlife manages Coursey Pond and access area, 63.75 acres.
                       Proposed For Protection      Approximately 2,370 acres of additions to this resource area are proposed as
                                                    follows:

                                                    370 acres at Killens Pond State Park
                                                    Approximately 2,000 acres along the Murderkill River, Browns Branch, and
                                                    Spring Creek with about 13 miles of river corridor.

                                                       20

                                                                                                           Lands ofState Significance

                                                         MEUTbird Neck

                            Overview                     Largest extent of privately-owned estuarine shoreline and wetlands in Dela-
                                                         ware, containing critical migratory shorebird feeding and resting area. Site
                                                         of prehistoric Indian burial ground.
                            Attributes                   23.6 miles of riparian shoreline and 10.2 miles of Delaware Bay shoreline
                                                         help maintain high water quality
                                                            o Largest continuous length of unprotected shoreline in Delaware
                                                         Very significant historical and archaeological features
                                                            o Scattered prehistoric hunting and gathering sites from 6500 B.C. to 1650
                                                              A.D. with increasing number of small village sites after 1000 B.C.
                                                              Eighteenth century colonial English settlement sites expected.
                                                            F-i Historic structures in the area represent scattered late 18th and 19th
                                                              century farmsteads.
                                                         Contains 2 State-recognized natural areas
                                                         Diverse plant community
                                                         Very diverse animal community with known location of rare animal species
                                                         of State and Federal concern
                                                            o Bald eagle nesting and feeding area
                                                            o Critical link in the Western Hemisphere Shorebird Reserve Network
                                                         Wide array of land-based recreation       ortunities
                                                                                               OPP

                                                         Good access to water-based recreation
                                                            ci Bowers Beach and Cedar Creek boat ramps
                                                         Very significant hunting opportunities
                                                         Environmental education and interpretative opportunities are extensive
                            Current Acreage              Sites protected within this resource area include 2,838 acres managed by the
                                                         Division of Fish and Wildlife and 1,796 acres owned by Delaware Wild
                                                         Lands, a private conservation group. These sites protect 2.2 miles of shore-
                                                         line and 2.9 miles of riparian corridor.
                            ?reposed Tor Protection      Approximately 15,000 acres in additions to this resource area is recom-
                                                         mended to prevent loss of the critical natural and archaeological resources
                                                         and protect the last large portion of unprotected shoreline (8.0 miles) in the
                                                         state. Additionally, it would protect about 21 miles of riparian habitat.

                      Lands ofState Significance

                                                    Rgimehook

                      (Overview                     Areas of bay front beach, salt marshes, tidal freshwater wetlands, stream
                                                    corridors and a forested wedand complex containing important geological
                                                    and biological features provide extensive habitat for very diverse plant and
                                                    animal communities. Area is important for public hunting and fishing, and
                                                    prehistoric resources.
                      Attributes                    6.9 miles of Delaware Bay shoreline with adjacent tidal marshes and 70 miles
                                                    of stream corridors help maintain high water quality
                                                       Ei 7 coastal river and stream systems
                                                    Very significant historical and archaeological features
                                                       ii Scattered but significant hunting and gathering sites of all prehistoric
                                                         periods and highly significant base camps by 500 B.C. as well as the
                                                         potential for 18th century English settlement sites
                                                    Contains 9 State-recognized natural areas
                                                    Very diverse plant community with known locations for 35 rare plant species
                                                    of State concern including 2 of Federal concern (Parker's pipewort and
                                                    swamp pink)
                                                    Very diverse animal community with known locations for 2 rare animal
                                                    species of State and Federal concern
                                                       ii Delmarva fox squirrel
                                                       Ei Bald eagle feeding area
                                                       o Migratory shorebird feedings and resting area
                                                    Large coastal plain pond known as a Delmarva Bay
                                                    150 acres of mixed hardwood and pine forests
                                                    High access to water-based recreation opportunities
                                                       Ei I boat ramp
                                                       o 1.5 miles of bay beach front at Beach Plurn Island with access
                                                    Very significant hunting opportunities
                       Current Acreage              Three management units comprise this resource area. The 9,9 17-acre Prime-
                                                    hook National Wildlife Refuge is managed by the U.S. Fish and Wildlife
                                                    Service. Adjoining this unit are 635 acres of the State Primehook Wildlife
                                                    Area and Waples Pond (69.8 acres) managed by the Division of Fish and
                                                    Wildlife. Beach Plum Island located south of Broadkill. Beach is 129 acres
                                                    managed by the Division of Parks and Recreation. Together these lands
                                                    protect 2 miles of shoreline and 26.3 miles of riparian corridor.
                       Proposed Tor Protection An addition of about 12,000 acres is recommended to protect 4.9 miles of
                                                    shoreline, approximately 44 miles of riparian corridor and several millponds.

                                                       22

                                                                                                            Lands of State Significance

                                                         EHend,%Re/Redden

                           Overview                      This area is one of the largest forested wetland complexes in the state noted
                                                         for its groundwater recharge and yield potential. It contains diverse plant and
                                                         animal communities lending itself to environmental education and hunting
                                                         opportunities.
                           Attributes                    Freshwater wetlands and 4,700 acres of forest lands help maintain high water
                                                         quality and provide very significant water recharge/yield area.
                                                            ii Area contains coastal plain hardwoods and old growth stands of loblolly
                                                              pine
                                                         Significant historical and archaeological features
                                                            o Widely scattered prehistoric hunting and gathering sites from 8000 B.C.
                                                              to 1650 A.D.

                                                         Very diverse plant community with known location for 25 rare plant species
                                                         of State concern including one of Federal concern (awned meadowbeauty)
                                                         Very diverse animal community with known location for several species of
                                                         State concern

                                                         Wide array of land-based recreation opportunities
                                                         Very significant hunting opportunities
                                                         Environmental education and interpretative opportunities are very extensive
                           Current Acreage               Redden and Ellendale State Forests, made up of 8 tracts containing 5,000
                                                         acres, are managed by the Department of Agriculture. Division of Fish and
                                                         Wildlife manages 147 acres at the Lang Tract. 2.0 miles of riparian corridor
                                                         are protected.
                           Proposed Toir Protection      An addition to this resouce area of approximately 13,000 acres to the forest
                                                         is recommended to protect the current holdings from development. Areas
                                                         targeted for conservation include extensive freshwater wetlands of the Ellen-
                                                         dale Swamp, and about 14 miles of riparian habitat including part of the
                                                         headwaters of the Nanticoke River.

                                                                                                                                      23

                       Lands of State Significance

                                                    Q%pe Henlopen

                       OveirvEew                    The cape's sandy peninsula is a dynamic geologic feature. The dune land-
                                                    scape, ocean and bay beaches and salt marsh combine to make this a unique
                                                    natural community.
                       AtIributes                   High water quality is maintained by nearly 4.8 n-Ales of ocean shoreline, 1.6
                                                    miles of bay beach, 5 miles of canal and 8.9 miles of riparian shoreline.
                                                    Very significant historic and archaeological features
                                                       o Prehistoric archaeological sites of statewide significance representing
                                                         fishing camps and small villages from 300 A.D. and early historic
                                                         archaeological sites including an 18th century lighthouse and keeper's
                                                         house
                                                       o Historic structures relating to the 19th century harbor facilities and
                                                         World War I[[ coastal defenses

                                                    Very significant geologic features
                                                       ii The cape itself is geologically unique.
                                                       ii Dunes rise 80 feet-highest coastal elevation between Cape Hatteras
                                                         and Cape Cod
                                                    Contains 2 State-recognized natural areas
                                                    Diverse plant community with known location for 11 rare plant species of
                                                    State concern

                                                    Diverse animal community with known location for several rare animal
                                                    species of State concern
                                                    Very wide array of land-based recreation opportunities
                                                    Good access for water-based recreation

                                                    Significant hunting opportunities at Gordons Pond
                                                    Environmental education and interpretative opportunities are very extensive
                       Cunrent Acireage             TWo management units totaling 3,429 acres are contained in this resource
                                                    area. Cape Henlopen State Park with 3,083 acres and Gordons Pond Wild-
                                                    life Area, 346 acres, are managed by the Divisions of Parks & Recreation and
                                                    Fish & Wildlife respectively.
                       Piropowd Tor Protection      The protection of approximately 1,8CO additional acres west of the Lewes and
                                                    Rehoboth Canal is recommended to protect 9 miles of riparian corridor and
                                                    1.6miles of canal with excellent wetlands fringed by lowland and upland
                                                    wooded growth.

                                                       24

                                                                                                            Lands of State Significance

                                                         EnDand 32YS

                           Overview                      Areas of upland forests, fresh and estuarine wetlands, barrier beaches and
                                                         Delmarva Bays. Rare plants and animals along with prehistoric sites are scat-
                                                         tered throughout this area. in this rapidly developing region there are outlets
                                                         for water-based recreation, public hunting, and environmental education.
                           Attributes                    9.2 miles of ocean beach, and 34.8 miles of Inland Bays shoreline, and 15.4
                                                         miles of riparian shoreline combine to provide high water quality and
                                                         significant recharge
                                                         Very significant historical and archaeological features
                                                           � Major prehistoric encampments from 500 B.C. to 1650 A.D. was well
                                                              as numerous hunting and gathering sites as early as 6500 B.C. Historic
                                                              archaeological sites representing early colonial occupation in the 17th
                                                              century and 18th century are present.
                                                            � Historic resources are primarily scattered 19th century farmsteads.
                                                         Contains 6 State recognized natural areas
                                                         Very diverse plant community with known locations of 13 rare plant species
                                                         of State concern, including 2 of Federal concern (Hirst's panic grass and
                                                         awned meadowbeauty)
                                                         Very diverse animal community with known locations of 4 rare animal
                                                         species of State concern, including 3 of Federal concern (piping plover,
                                                         brown pelican and Delmarva fox squirrel)
                                                         Wide array of land-based recreation opportunities

                                                         Good access to water-based recreation

                                                         Very significant hunting opportunities
                                                         Enviromental education and interpretative opportunities are very extensive
                           Current Acreage               This resource area is composed of several management units. The'largest of
                                                         these units is Delaware Seashore State Park with 1,656 acres. Fenwick Island
                                                         State Park and Holts Landing State Park contain 208 and 84 acres respec-
                                                         tively. Assawoman Wildlife Area protects 1,649 acres. These areas combine
                                                         to protect 9.2 miles of ocean beach, 18.8 miles of Inland Bays shoreline and
                                                         2.2 miles of riparian corridor.
                           Proposed Thir Protection      Several undeveloped areas remain unprotected in the Inland Bays resource
                                                         area, totaling approximately 4,000 acres are recommended for protection.
                                                         These sites include 16.0 miles of Inland Bays shoreline and about 13 miles
                                                         of riparian corridor.
                                                         Thompson Island with 165 acres and the Timmons property with 117 acres
                                                         were recommended for purchase in the 1988 land acquisition proposal.

                                                                                                                                      25

                      Lands of State Significance

                                                   Great  Cypress Swamp

                      Overview                    Largest contiguous forested wetland complex in Delaware. Unique hydro-
                                                   logic and geologic setting promotes a diverse biological community.
                      Attributes                         Remnants of extensive bald cypress swamp
                                                   Contains I State-recognized natural area
                                                   Very diverse plant community with known locations for several rare plant
                                                   species of State concern
                                                   Very diverse animal community with known locations for several rare animal
                                                   species of State and Federal concern
                                                       Bald eagle nesting area
                                                   Significant hunting opportunities
                                                   Environmental education and interpretative opportunities are extensive
                                 This resource unit is owned by Delaware Wild Lands, a private conservation
                                                   organization. This is the only resource area that is solely private.
                     proposed Tor Protection     The addition of about 2,500 acres is recommended to protect inholdings,
                                                   buffer areas, wetlands and riparian habitat.

                                           171

                                              40

                                                     26

                                                                                                          Lands ofState Significance

                                                        lames Biranch

                          overview                      The complex of ponds and bottomland forested corridors 'contains significant
                                                        archaeological sites, many rare plants and the northernmost natural stand of
                                                        bald cypress in North America. Significant water-based recreational and
                                                        environmental education opportunities are available.
                          Attributes                    19.1 miles of wooded stream corridors, 5 ponds and adjacent freshwater
                                                        wetlands maintain high water quality and provide significant water recharge.
                                                        Very significant historical and archaeological features
                                                          ci Small prehistoric living sites and scattered hunting and gathering sites
                                                            beginning by 6500 B.C.
                                                        Contains I State-recognized natural area
                                                          o Dedicated, James Branch Nature Preserve-525 acres
                                                        Diverse plant community with known locations for 16 rare plant species of
                                                        State concern

                                                        Diverse animal community with known location for several rare animal
                                                        species of State concern
                                                        Wide array of land-based recreation opportunities
                                                        Good access for water-based recreation
                                                          o 5 boat ramps
                                                        Environmental education and interpretative opportunities are very extensive
                          Current Acreage               This resource area includes several different management units. Trap Pond
                                                        State Park with 965 acres includes Trussum Pond. The Division of Fish &
                                                        Wildlife manages 122 acres at Raccoon and Records Ponds. 11. 1 miles of
                                                        riparian corridor are protected in this resource area.
                          Proposed for Protection       The addition of. approximately 1,000 acres is recommended to protect 8.0
                                                        miles of riparian habitat, freshwater wetlands and millponds. Wooded buff-
                                                        ers will protect historic and archaeological features.

                                                                                                                                   27

                       Lands ofState Significance

                                                     HmUcolke Mveir

                       aveirv@ew                     Dry upland forest, old fields and a tidal river corridor containing valuable
                                                     freshwater wetlands. Area features many rare plants and archaeological sites.
                                                     Significant sites for public hunting and water-based recreation.
                       Aftir%utes                    26.5 miles of freshwater river and stream corridors with adjacent freshwater
                                                     wetlands maintain high water quality and provide significant water recharge
                                                        o Anadromous fish spawning grounds
                                                     Very significant historical and archaeological features
                                                        o Small prehistoric living sites and scattered hunting and gathering sites
                                                          beginning by 6500 B.C. and increasing in number after 3000 B.C. Also,
                                                          18th century English sites likely.
                                                        o Area near the Bethel Historic Districts
                                                        o Prehistoric sites at Barnes Woods Nature Preserve
                                                     Significant geologic features
                                                     Contains 3 state recognized natural areas
                                                        o Dedicated, Barnes Wood Nature Preserve-26 acres
                                                     Diverse plant community with known locations of 29 rare plant species of
                                                     State concern including 2 of Federal concern (box huckleberry and Parker's
                                                     pipewort)
                                                        o Largest wild rice beds in Delaware
                                                     Diverse animal community with known locations of several animal species
                                                     of State and Federal concern
                                                        q Bald eagle feeding area
                                                     1,500 acres of unique dry upland forest
                                                     Good access to water-based recreation

                                                     Wide array of land-based recreation opportunities
                                                     Very significant hunting opportunities
                                                     Environmental education and interpretative opportunities are extensive
                       Cuirrena Acireage             This resource area contains two management units. The Division of Fish &
                                                     Wildlife manages 1,968 acres in the Nanticoke Wildlife Area. The Division
                                                     of Parks & Recreation manages 26 acres in the Barnes Woods         Nature Pre-
                                                     serve. Currently 6.9 miles of riparian corridor are protected.
                       Proposed Tor Protection       An addition of approximately 4,000 acres is recommended to protect about
                                                     20 miles of riparian corridor and is important for protecting tributaries flow-
                                                     ing into the Chesapeake Bay. Resource area joins Maryland boundary.

                                                       28

                                                                                                            Lands of State Significance

                                                         SUMMETY
                           Reccomendation                Rt is recommended that the resource areas outlined he given priority con-
                                                         sMeration in acquisition or other protection efforts undertaken by the
                                                         state of Delaware, local governments or non-profit agencies.
                                                             Lands within the resource areas, as well all other suggested for ultimate
                                                         acquisition by the state, should be subject to evaluation based on the State
                                                         Land Acquisition Rating System outlined in Section 4 of this reporL 'Me State
                                                         Land Acquisition Rating System has been designed to rank properties that
                                                         have been recommended for protection in a given state fiscal year accord-
                                                         ing to their land quality attributes.

                                                         Stznd-AR(oime Aireas

                                                             The nineteen resource areas described above constitute the most
                                                         important expansive land areas inneed of protectionby state agencies in
                                                 '3.""   Delaware Protecting these sites will take us a long way toward achieving our
                                                         greenspace preservation goals.
                                                             However, it is unreasonable to expect that all of Delaware s critical
                                     J
                                                         resources will be found in the nineteen locations. Through various programs
                                                         and projects, the state has made commitments to protecting critical natural
                                                         and cultural resources which stand alone from these large areas. These
                                                         stand-alone areas will continue to be a high priordy for funding and protec-
                                                         tion wherever they are found:

                                                         NafuraD Areas
                                                         Ecological, archaeological and geological sites which are officially listed on
                                                         Delawares Natural Areas Inventory.

                                                         Rare and Endangered Species
                                                           , Habitat for endangered, threatened and rare plants and animals inaccor-
                                                         dance with their federal and state status.

                                                         CuRturai Resources
                                                             High priority historic and prehistoric sites which are listed on the
                                                         National Register of Historic Places.

                                                         MM Ponds
                                                             Historic impoundments which can be made available for public boating
                                                         and fishing.

                                                         Freshwater Wetlands
                                                             Implementation of the recommendations of the Freshwater Wetlands
                                                         Roundtable.

                                                         Stream Valley Corridors
                                                             Target areas identified through additional study which provide recrea-
                                                         tional access, control erosion and sedimentation, insure water quality, and
                                                         preserve scenic vistas.

                                                                                                                                     29

                                                                                                     Land Protection Methods

                                                    Land Piroteeflon Methods

                                                        In order to provide lasting protection to lands of state significance
                                                    and  others which contribute to Delawares natural and cultural heri-
                                                    tage, it is important that the public, private, and non-profit sectors
                                                    maximize coordination of their protection efforts. Successful long-
                                                    term protection will require that the full array of protection tools now
                                                    available be utilized to the greatest extent possible. New and innova
                                                    five techniques to provide protection to our state s highly valued open
                                                    spaces and natural areas must also be aggressively pursued.
                                                        A key factor in the implementation of these techniques will be the
                                                    success to which cost-effective solutions can be devised that keep
                                                    undeveloped lands now in private ownership in their natural state. In
                                                    many cases, outright acquisition of significant lands will prove to be
                                                    the best means of ensuring long-term protection. However, the availa-
                                                    bility of both public and private financial reserves, when matched
                                                    against the purchase price of available properties, may constain the
                                                    use of this option.
                         Recommendation             an order to maximize the amounts of open tands protected for
                                                    future generations, it is recommended that an aggressive h9nd
                                                    acquisition program at the state leveR be compBemented with efforts
                                                    by DocaD government, private businesses and indiAduaRs, and pri-
                                                    vzte non-proTnt organizations to either acquire additional parcels,
                                                    purchase specified rights to those parcels, or undertake other
                                                    efforts to ensure long-term protection.
                                                        The following represents a list of protection techniques that serve
                                                    as a starting point of discussion for land protection methods to be used
                                                    as part of the Greenspace for Delawares Future Program.

                                                        Existing measures available to protect the unique natural and cul-
                                                    tural attributes of a given parcel of land via a Conservation Easement
                                                    are outlined in The Landowners Options: A Guide to Voluntary Land
                                                    Protection in Delaware', published by DNREC. In order to more fully
                                                    take advantage of the opportunities presented through use of conser-
                                                    vation easements, additional effort will be required to undertake work
                                                    characterized by what are often time-consuming contacts with individ-
                                                    ual landowners.
                         Recommendation             at is therefore recommended that,, as part of a Greenspace Pro-
                                                    gram, a statewide conservation easement program be expanded in
                                                    Delaware. at is recommended that such a program be a joint effort
                                                    between state government and private non-profit agencies with
                                                    expertise in this work.

                      Land Protection Methods

                                                      It is suggested that the private non-profit sector can be a valuable
                                                   partner in the task of landowner conta6ts throughout the state and,
                                                   therefore, the state should seek to identify one or -more organizations
                                                   to carry out this function. Contacting landowners is time consuming
                                                   and contacts by the private sector will speed the process. The activities
                                                   of the participating organization(s) should be focused within resource
                                                   protection areas identified in the section on Lands of State Signifi-
                                                   cance. Landowner contact responsibility and stewardship responsibil-
                                                   ity for those areas outside of identified Resour@e Areas should be
                                                   accomplished with funding from the private sector that has been tar-
                                                   geted specifically for such purposes. State government should actively
                                                   work with the private sector to establish an adequate funding for such
                                                   purposes.

                                                   Purchase oT Rescuirce Rrotection Mghts
                                                      When states first began purchasing lands for public use, the rela-
                                                   tively low cost of land offered the opportunity for state and local
                                                   agencies to acquire land parcels that met the recreational needs of a
                                                   particular user group. Today, however, with the cost of land in some
                                                   areas of the State exceeding $50,000 an acre, additional measures
                                                   must be found to secure permanent protection for important nature
                                                   and cultural resource areas.
                                                      These high costs, together with a rapidly diminishing supply of
                                                   undeveloped land in Delaware, dictate that state policy directing new
                                                   acquisitions of public lands must give priority toward addressing,
                                                   wherever possible, multi-agency and multi-resource protection needs.
                                                   High land costs demand multi-sector and multi-agency participation in
                                                   protection efforts, while the dwindling supply of land requires protec-
                                                   tion of as many resources as is feasible when final settlement of the
                                                   parcel is made.
                                                      In many instances fee-simple acquisition of parcels that       contain
                                                   unique natural or cultural resources may not be economically feasible
                                                   or the best option for state, county or local governments. Therefore,
                                                   resource protection programs must employ different mechanisms
                                                   which permit flexible approaches to protecting Delawares lands.
                                                       One approach that should be considered in Delaware is a modified
                                                   version of Purchase of Development Rights (PDR) programs which
                                                   have been employed in other states for a number of years. Unlike
                                                   these other PDR programs, which focus on providing the landowner
                                                   with the monetary difference between the value of a particular parcel*
                                                   when fWly developed for commercial or residential use versus the
                                                   value of the same parcel remaining in agricultural use, a recom-
                                                   mended approach for Delaware would be to permit a public or private
                                                   entity to purchase the rights to manage or safeguard specific resources
                                                   in an area identified to have statewide importance. This approach is
                                                   consistent with efforts in other states where the mineral or water rights
                                                   on a parcel are separated from the use of the land and available for
                                                   separate purchase. Other examples of such an approach include long-
                                                   term leases for timber and grazing which are often part of a land
                                                   managers operation in the different areas of the country.
                                                       In Delaware, specific resources or activities that could be pro-
                                                   tected by a long-term lease or purchase of specified resouice rights
                                                   program could include; hunting, mining, development, water, recrea-
                                                   tion, timber, wildlife, and agricultural, visual or scenic vistas, drain-

                                                   32

                                                                                                      Land Protection Methods

                                                     age, and cultural or historic resources. In some instances protection of
                                                     one specific resource may require complete or partial protection of
                                                     other related resources.
                        Recommendation               Rt is recommended that, as part of a Greenspace Program, state
                                                     agencies Wflate one or more programs targeted toward the long-
                                                     term lease or purchase of specified natural or cultural resource
                                                     property rights.
                                                         As one component of this effort, it is recommended that the
                                                     Department of Agriculture work toward managing and protecting
                                                     unique stands of old-growth trees by long-term lease or acquisition
                                                     of the timber rights to these properties.
                                                         Under this approach, the landowner could retain the hunting, trap-
                                                     ping, water-using, grazing, and recreation rights. The timber rights
                                                     could be protected for significantly less than the cost of acquiring the
                                                     property in fee-simple ownership. At the same time there may be other
                                                     natural features, plants or animals that are protected simply because
                                                     the timber has been protected.
                                                         Another example of this approach which should be pursued will
                                                     ultimately involve a cross-section of state agencies and local govern-
                                                     ments. Here, the resource management goals of various agencies as
                                                     they relate to the same parcel of land may be achieved through a
                                                     cooperative effort involving the purchase of specific resource rights.
                                                         These agencies could jointly protect a parcel of land by leasing or
                                                     acquiring certain rights while at the same time taking other actions that
                                                     would retain other important aspects of the property.
                        Recommendation               R is recommended that, as a means toward implementing a Green-
                                                     space Program, opportunities to achieve muffl-agency resource
                                                     protection goals be identified through planning mechanisms such as
                                                     the Land Use Planning Act and the Development Advisory Service,
                                                     through the TEAM process sponsored by the Kent County Conser-
                                                     vation District, and through the Environment and Rnfrastructure
                                                     Cabinet CounciR.

                                                     Lmnd Use ReguRaflans: The OveirDay Zone
                                                         The overlay zone has been used by local planning agencies to
                                                     protect specific environmental attributes throughout the United States.
                                                     This technique is commonly used to protect floodplain and unstable
                                                     hillsides. The Federal Government has mandated this type of zoning
                                                     in order to be eligible for flood insurance. The overlay zone is nor-
                                                     mally established to protect a single resource through the creation of a
                                                     zoning classification that overlays the base zoning district whether it is
                                                     residential, commercial or industrial. The overlay district is mapped to
                                                     coincide with the resource throughout the state or county.
                                                         The overlay zone provides additional environmental safeguards
                                                     beyond those that would normally be applied by restricting permitted
                                                     uses and requiring special construction techniques. The overlay zone
                                                     works well where there is a single resource needing a common level
                                                     of protection. It is simple to administer and easy for the general public
                                                     to understand. The technique loses its rationale when applied to a re-
                                                     source that is composed of many discrete resource management units.
                                                         Actual standards which would be applied within the overlay dis-
                                                     trict are a more complex undertaking to develop if tailored to the
                                                     unique needs of the resource to be protected. In practice, any form of

                                                                                                                            33

                        Land Protection Methods

                                                      zoning district, conditional uses, or performance standards may be
                                                      used with the overlay zone. This method of protection requires the
                                                      production of highly accurate, large scale maps which locate the
                                                      resource units. Production of these maps can be a significant expense
                                                      depending on the complexity of the protected resources.
                         Recommendation               Et is recommended thee, as part of a Greenspace Program, skle
                                                      agencies deveEop, in conjunction with appropriate local and county
                                                      agencies, overlay zones to address resources such as groundwaler
                                                      recharge and discharge areas, unique natural areas, historic and
                                                      archaeological sites, sleep slopes and fioodpEains. ProlecHon stan-
                                                      dards for these resources should be developed .91 the local level with
                                                      the assistance of technical expertise from both the state and, where
                                                      appropriate, federal levels of government. Consideration should [be
                                                      given toward maximizing protection of the resource specific to the
                                                      overlay zone in the Resource Areas identified in this report.

                                                          The use of tax incentives as a means to ensure the long-term pro-
                                                      tection of lands and properties valued for natural or cultural resources
                                                      is a tool long utilized in Delaware and across the nation. Donation of
                                                      land, and other alternative arrangements of sale of land, to public
                                                      agencies for the purpose of permanently protecting them, have, as pan
                                                      of their attraction to the landowner, certain tax advantages.
                                                          An examination of tax incentives established in other areas of the
                                                      country.for the purpose of permanently protecting lands prized for
                                                      their natural or cultural resource values suggests three broad catego-
                                                      ries which may merit consideration for use here in Delaware. The first
                                                      of these categories involves preferential assessments. Other categories
                                                      include deferred assessments and restrictive agreements. A detailed
                                                      discussion of these categories can be found in Appendix B.
                                                          These broad categories of tax incentives represent a starting point
                                                      from which tax options could be fashioned which encourage the long-
                                                      term protection of lands important to the state s natural diversity.
                         Recommendation               RI is recommended that, as part of a (Greenspace Program, the state
                                                      Department of Finance, in conjunction with the Commission on
                                                      Open Spaces and Natural Areas, ezamine the state lam code and
                                                      formulate one or more lam options which would encourage land-
                                                      owners to donate their Rands or retain ownership without develop-
                                                      @ng.

                                                      SWe Tirus@ Fund
                                                      In 1986 the Delaware Land and Water Conservation Trust Fund was
                                                      enacted by the General Assembly and signed into law by Governor
                                                      Castle. The focus of the Trust Fund is for Rand and/or water acquisition
                                                      for outdoor recreation and conservation purposes. The Trust can also
                                                      fund outdoor recreation facility development.
                                                      The Trust Fund is established as an investment of State money with
                                                      only the Trust-generated interest used for matching grants. To date the
                                                      Trust principal stands at $3.73 million with $3.5 million of that sum
                                                      appropriated by the General Assembly and the balance from private
                                                      donations. The Trust principle cannot be touched. A current program

                                                        34

                                                                                                      Land Protection Methods

                                                     priority is to acquire land to protect our natural resources and provide
                                                     expanded opportunities for outdoor recreation.
                                                     Fund administration is conducted by the Department of Natural
                                                     Resources & Environmental Control, Division of Parks & Recreation.
                                                     In the second grant cycle state, local and municipal agencies estimated
                                                     their land acquisition costs to be over $1.76 million. However, only
                                                     $400,000 of interest is available to fund the second cycle.
                         Recommendation              Rt is recommended that the Delaware Land and Water Conserva-
                                                     tion Trust Fund grow to meet the need identified in this report.
                                                     Encreasing the Trust Fund principal will generate more interest that
                                                     can be used to preserve lands of state significance and provide land
                                                     for outdoor recreation opportunities.

                                                      LocaE Land Trusts
                                                         Acquisition of open space by the state and local governments is,
                                                     by the nature of the subject, influenced by local concerns and private
                                                     interest groups with resource concerns. Sometimes, this results in less-
                                                     than-objective decisions and expenditure of state or local funds for
                                                     projects with only a local benefit. Conversely, many of the most sig-
                                                     nificant acquisitions in Delawares history have been initiated and
                                                     strongly supported by these same interest groups.
                                                         A dilemma appears when small parcels of land are donated or
                                                     offered for sale to state agencies when they should more appropriately
                                                     be acquired and managed at the local level. Unfortunately, there are
                                                     almost no community-based conservation. organizations or local gov-
                                                     ernments with expertise and interest in this area. Existing organiza-
                                                     tions, such as the Delaware Nature Society or Delaware Wildlands,
                                                     cannot at this time effectively deal with local-level preservation and
                                                     open space matters statewide. Furthermore, the missions and priorities
                                                     of these organizations may not match the passive or active use possi-
                                                     bilities of land made available to them.
                                                         In other areas of the country, local land trusts evolve from what
                                                     are often very localized efforts to preserve a specific piece of property
                                                     in its natural state. Participants in such efforts often see the solution
                                                     toward protecting such properties to be the formation of a non-profit
                                                     land trust organization which can take ownership of the land in ques-
                                                     tion and provide ongoing management. This option can often satisfy
                                                     the needs of the seller whose only previous option was sale of the land
                                                     to parties interested in changing its current usage.
                                                         This type of grass-roots effort has taken shape in the past in
                                                     Delaware but has not resulted in the formation of a series of local and
                                                     regional organizations which can complement the work or County and
                                                     State agencies involved in resource preservation.
                         Recommendation              R N recommended that, as part of a Greenspace Program, the
                                                     State Division of Farks and Recreation give priority to convening a
                                                     series of meetings designed to gauge interest in and encourage Tor-
                                                     madon of local land trusts in Delaware. The long-term goal of such
                                                     an effort should be to establish .9 network of land trusts in the State
                                                     and to identify a body either within the public or private non-proflt
                                                     sector which would have lead responsibility for coordinating the
                                                     actions and goals of a local land trust "network".

                                                                                                                            35

                       Land Protection Methods

                                                   Estate ?@znn@ng
                                                       Landowners are often faced with a situation where, when they
                                                   have concluded that they wish to sell their properties, they find they
                                                   have few options over how the character of the land will be retained
                                                   by interested buyers. For some property owners, restrictive covenants
                                                   or deed restrictions to preserve desired features of their properties may
                                                   not be feasible for economic reasons. In other cases, the property
                                                   owner may simply be unaware of options that will allow for develop-
                                                   ment of their property in manner that will best preserve important
                                                   natural or historic attributes associated with it.
                                                       A related situation exists where individuals or organizations inter-
                                                   ested in developing a parcel of undeveloped land for commercial,
                                                   residential or industrial use are not aware of, or have no incentive to
                                                   accommodate, alternative design plans that will maximize protection
                                                   of natural resources on the site. In such cases, opportunities may be
                                                   lost that could enhance the aesthetics of buildings constructed on the
                                                   property or enhance the value of residential units based on the prop-
                                                   erty's natural amenities.
                                                       These situations suggest that more work should be done with
                                                   landowners and the development community to explore ways in
                                                   which quality development can occur in a manner that maximizes
                                                   protection to desirable natural amenities.
                        Recommendation             ft is irecommended that these options be explored by a coalition oT
                                                   public and private secluir interests and that irecommended actions,
                                                   wheirever feasible, be incoirpoirated into a Greenspace Rrogiram.

                                                         AcqUEOSEOUO(D)n cirfteno(z

                                                             In May of 1988, Governor Michael N. Castle unveiled an ambitious plan
                                                         to acquire eight parcels of land throughout the state representing, from a
                                                         natural resources management perspective, some of the most highly prized
                                                         undeveloped areas within Delaware. These lands, which comprise over 1,400
                                                         acres, have diverse natural attributes and offer, when acquired, numerous
                                                         recreational opportunities to residents and non-residents for future years. The
                                                         Governor s proposal received strong support from the Delaware General
                                                         Assembly and will receive .$21 million in funding over a three year period.
                                                             While the magnitude of this proposal and the properties identified for
                                                         acquisition are now widely known within the state, a lessor known but
                                                         perhaps equally important facet of the Governor s proposal was the
                                                         methodology employed to determine which land parcels would be
                                                         recommended for purchase. This methodology, which represented an
                                                         expansion of land parcel evaluation techniques employed by the State
                                                         Division of Parks and Recreation and other State agencies, marked an
                                                         important turning point in how the State of Delaware will acquire and
                                                         permanently protect lands having resources of statewide significance
                                                         in the future.
                                                             Over the last year, the Greenspace Committee has worked to expand and
                                                         fine-tune the selection criteria first used in 1988. The purpose of this effort
                                                         has been to develop widely recognized and highly credible methodology by
                                                         which, at regular intervals, properties that come available for potential
                                                         acquisition by the State can be ranked according to the significance of
                                                         their attributes. The intent of such a process is to maximize available
                                                         public monies for acquisition by identifying, based on the best avail-
                                                         able professional and technical judgment, those lands which have the
                                                         most to offer in terms of their natural and cultural resource value.
                                                         Through such a system, it is envisioned that public monies for acqui-
                                                         sition, in combination with the other land protection methods outlined
                                                         previously, will allow Delaware to make steady progress toward
                                                         permanently protecting a significant portion of the best examples of
                                                         Delawares unique historical and natural diversity.
                                                         Table 1, a Rating Chart, outlines the selection criteria that will be employed
                                                         by the State of Delaware to guide future acquisitions of lands valued for their
                                                         natural and cultural resource attributes. The first column in this chart
                                                         describes those natural and cultural attributes and management
                                                         perogatives that will be evaluated for every parcel of land under
                                                         consideration for purchase. Each property will receive a total score
                                                         that will place it in numerical order with other properties. The parcels
                                                         with the highest scores will be targeted for acquisition.

                                                                                                                                     37

                                                        Chan I-A-RaUng Land AqOAH(on CvKer@&

                                                                   Unique Outstanding Significant Average                                      or N/A         Undesirable
                                  Area Attributes                      8                    6                4                   2               a                   -2

                                  Plants                                               Federal            State              State
                                                                                       concern           concern            concern
                                                                                       species           species >5       species <5

                                  Animals                                              Federal             State             State
                                                                                       concern           concern            concern
                                                                                       sped .es          species >5       species <5

                                  Wetlands Values                      6+                   5                4                   3
                                    Tidal                         Functions

                                  Wetlands Values                      7+                   6                5                   4
                                    Nontidal

                                  Riparian Habitat                     High                              Medium                                Low

                                  Water Quality                        High                              Medium                                Low

                                  Water Recharge                       High                              Medium                                Low

                                  Geologic                             High                              Medium                                Low

                                  Cultural/Historic                Listed or           Potential         Potential          Hist. or
                                                                    elig. to           National          significance        arch.
                                                                   National            Hist. Reg.        but field        interesting
                                                                   Register            Listing           work needed      county/local

                                  Forests                         Uncut Win                              Harvest                            Harvest
                                    (avg. two levels)                  life of                           with plan                        without plan
                                                                domin. trees
                                                                       High                                Med.                                Low
                                                                 potential for                           potential for                    potential for
                                                                regeneration                             regeneration                    regeneration

                                  Long-term agricultural         300 to 225                              174 to 224                        125 to 174                  <125
                                    prod. (measured by
                                    LESA score)

                                  Scenic/Landscape                     High                              Medium                                Low
                                    Character

                                  Unique Natural Feature               Yes

                                  Research, Scientific                 5                    4                3                   2
                                    and Educational value

                                  Unusual conservation           Hemisphere              North           National           Regional
                                    interest                                           America

                                                         Chart I-B-HaUng Land AcquWU(on Crftft

                                                                                                                                 @nsigniflcant
                                                                    Un'Tue Outstanding Significant                 Average          or N/A         Undesirable
                                       Location                                        6                4               2                0                .2

                                       Inholding to                 Absol.         Desirable      Desirable and     Desirable
                                         Resource                necessary to and completely surrounded                 and
                                         Management Area         use balance      surrounded        on 3 sides     surrounded
                                                                    of land                                         on 2 sides

                                       Adjoins Resource             Absol.        Necessary           Potential     Desirable
                                         Management Area          necessary         to other          link to           to
                                                                    to use         lands for       other lands       expand
                                                                    balance       expansion        other lands
                                                                    of land

                                       Sufficient Areage                                               Yes                             Not
                                         for resource                                               plus buffer      sufficient    sufficient
                                         protection                                                                             I

                                       Compatible with                                                 Yes                             No
                                         comprehensive
                                         land use plan

                                       Necessary access                                                                 Yes            No

                                       Undesirable Restrictions                                                                   -2 for each
                                         or Features                                                                               restriction

                                       Size of Property (acres)      200>           199-100           99-50             <49

                                       Projected pressures

                                       Timeliness of                Present        Proposed          Proposed        For Sale
                                         acquisition                  dev.       development      development        no plans
                                                                                 in 12 months       24 months     I

                                       Recreation Potential

                                       Active Recreation                              High            Medium            Low

                                       Passive Recreation                             High             Med.             Low

                                       Water-based                                    High            Medium            Low
                                         Recreation

                                       SubtoW Page 1

                                       Subtotal Page 2

                                             Chan I=C-Rsdng Land AcqusNon Cvftft

                                                                                                        lnsignificant
                                                   Unique Outstanding Significant Average                  or N/A      Undesirable
                           Considerations             8             6              4             2            0              .2

                           Reasonable price        Donation      Bargain     Under Market Reasonable                     Excessive

                           Revenue generation

                           Private Contribution      100%          75%           50%           25%

                           Federal Contribution      100%          75%           50%           25%

                                                       HMPRemen@zflon Frazedulres

                                                            Until 1988, when Governor Castle announced a three-year, multi-million
                                                       dollar plan to acquire eight key parcels statewide, the State's land protection
                                                       efforts were not well coordinated. Each agency which purchased and man-
                                                       aged natural and cultural resources had its own priorities, budget requests
                                                       and, sometimes, dedicated funding sources. State agencies competed among
                                                       themselves for lirnited state and federal funds with no guarantee that the most
                                                       ciritical parcels were being protected. This document outlines a process for
                                                       a change in past practices and suggests a strategy to implement a compre-
                                                       hensive, coordinated and cooperative approach to land protection.
                         Recommendation                ft is recommended that, in order to implement the greenspace program
                                                       outlined in this report (and make permanent the greenspace contained
                                                       within the nineteen resource areas) the DNREC take the lead in forging
                                                       a pubRic-privale partnership and an agenda for action. DNREC should
                                                       work closely with groups such as the Commission on Open Space and
                                                       Natural Areas, and consider developing a broad-based standing "Work-
                                                       ing Technical Committee" to assist in these efforts.
                                                       ft is further recommended that the Working Technical Committee be
                                                       given responsibility Tor administering the Acquisition Criteria and rat-
                                                       ing system outlined in this document.

                                                            It is suggested that, when any parcel of land is proposed for acquisition
                                                       by the state, the most appropriate agency gather information necessary for
                                                       rating the property against the ranking criteria. This information will be sub-
                                                       mitted as available to DNREC. The committee would meet to review, revise
                                                       and update all proposals which have been submitted. A numerical ranking
                                                       list will be maintained for all parcels received for review.
                                                            The committee would recommend to the Secretary of DNREC which
                                                       parcels should be pursued for protection based on the ranking and other
                                                       important factors: availability of funds, urgency, restricted funding sources,
                                                       opportunities for less-than-fee-simple acquisition, etc. Such decisions would
                                                       continue to be subject to review by appropriate bodies such as the State
                                                       Clearinghouse, the Open Space Commission, and federal agencies.
                                                            Although individual agencies may administer separate funding programs
                                                       for acquisition, all projects will be reviewed by the committee before funds
                                                       are committed. The committee will meet periodically to review the resource
                                                       area maps and recommend revisions.

                                                                                                                                    41

                                                                    0
                                                  AppendR(Z(Bs

                                                 Appenda*m A

                                                 (Greensp2ce Tor DeEnwaire's Future Committee
                                                 Mark Chura, Executive Assistant, DNREC, Chair

                                                 Charles Salkin, Division of Parks and Recreation, DNREC
                                                 Susan Laporte, Division of Parks and Recreation, DNREC
                                                 Joan Brown, Division of Parks and Recreation, DNREC

                                                 Ron Vickers, Division of Parks and Recreation, DNREC
                                                 Rusty Harvey, Executive Director, Delaware Wildlands
                                                 David Hugg, Director of Management and Operations, DNREC
                                                 Lee Emmons, Office of the Secretary, DNREC
                                                 Kevin Donnelly, Department of Agriculture
                                                 Ronal Smith, Division of Fish and Wildlife, DNREC
                                                 Gloria Homer, Delaware Development Office
                                                 Daniel Griffith, Acting Director, Division of Cultural and Historic Affairs
                                                 Kenneth Woodruff, Delaware Gological Survey
                                                 William Meredith, Division of Fish and Wildlife, DNREC

                                                 Environment and EnTrastructure Cabinet CounciE

                                                 Kathryn Way, Director, Office of Planning and Coordination
                                                 Edwin Clark, Secretary, DNREC
                                                 William Chandler, Secretary, Department of Agriculture
                                                 George Hale, Secretary, Department of Administrative Services
                                                 John Casey, Director, Development Office
                                                 Kermit Justice, Secretary, Department of Transportation

                                                                                                                    43

                                                                                                                            Appendices

                                                        Appendtx B

                                                            The term "preferential assessment" is used to denote the class of law
                                                        which simply provides that farmland or open space land or a historic site is
                                                        to be assessed at its value and its current use, ignoring alternative uses.
                                                        Generally speaking, very little else is required of the taxpayer, although the
                                                        landowner may be required to periodically reapply for such a designated
                                                        assessment. In some cases, the taxpayer may be required to have had the land
                                                        in its current use for a period of, perhaps, three years. Often, however, this
                                                        is not the case. If the land involved is farmland, income requirements of some
                                                        sort may apply. For open space land or historic sites, some type of action by
                                                        the local governing body may be required. Currently, ten states have prefer-
                                                        ential assessment laws in effect.
                                                            The second category of tax incentive used for land protection is the
                                                        deferred tax. Under this arrangement, land is, again, assessed at its value in
                                                        its current use. However, there are some penalties if the use of the land is
                                                        changed. In its original form the deferred tax provided that the assessor was
                                                        to maintain two value figures on each piece of property: the value in current
                                                        use and the market value. Current taxes were based on the value in current
                                                        use, but, if the use of the land changed, the saving in taxes over that which
                                                        would have been levied under normal market-value assessment was collected
                                                        for several years preceding. A more recent trend, particularly where states
                                                        are modifyirig an existing preferential assessment law, has been to base the
                                                        tax on the price when the land is sold rather than on the taxes foregone. Laws
                                                        in the states of Connecticut and New Hampshire are examples of this type
                                                        of approach. Twenty-two states now use deferred taxes for farmland. (Some
                                                        states use more than one of these methods, depending on the situation. Hence
                                                        the sum of the count of states using each of the three methods exceeds thirty-
                                                        five.)
                                                            Landowners usually must apply to be covered by deferred tax laws.
                                                        However, local governments ordinarily have no choice but to grant the tax
                                                        deferral to any landowner who applies and whose property meets the statu-
                                                        tory definitions. A partial exception occurs in Virginia, where county boards
                                                        have the option of adopting or not adopting a tax deferr al ordinance. Once
                                                        they adopt it, however, it is effective for all qualified property if the owner
                                                        applies. Some states charge interest on the deferred tax.
                                                            The third broad category of differential assessment laws consists of the
                                                        restrictive agreements. Sometimes it is not easy to distinguish between re-
                                                        strictive agreements and deferred tax arrangements. A major distinguishing
                                                        feature is the degree of choice allowed the local government. The restrictive
                                                        agreement essentially allows for a voluntary agreement under which the
                                                        landowner agrees to leave his land in certain permitted uses for a period of
                                                        time and the local government agrees to tax the land on the basis of its value
                                                        in those uses. In many ways this is similar to a deferred tax scheme in which
                                                        the owner may apply, but it differs in that the local government also has a
                                                        choice. Hence the local government is in a position to use these agreements
                                                        as a conscious tool in shaping land use. That is, it can agree to permit the tax

                                                                                                                                      45

                          Appendices

                                                         benefits in return for restrictions on use in those areas where protection is
                                                         needed and to disallow them in those areas where it wants to encourage de-
                                                         velopment.
                                                             Typically, use of the land is restricted initially for ten years, and either
                                                         party must give several years' notice if he intends to change land use. After
                                                         notice is given, either the land reverts to standard taxation or charges of some
                                                         type are imposed. If the owner changes land use without following the agree-
                                                         ment, more serious penalties result.
                                                             The distinction between restrictive agreements and deferred taxes is not
                                                         always clear. In a few states the penalty for violating the restrictive agree-
                                                         ment is mild, and the law might be viewed almost as a deferred tax. Accord-
                                                         ing to the most current information available, ten states now use restrictive
                                                         agreements for some or all of their farm property.
                                                             It should be also noted that, in addition to the three broad categories out-
                                                         lined above, there has been an emergence of a new hybrid species of incen-
                                                         tive which does not fit the established taxonomy. This is the circuit-breaker
                                                         version of property tax relief for farmers, recently enacted in Michigan.
                                                         Farmers receive an income tax credit for property taxes in excess of 7 per-
                                                         cent of their household income. To obtain this relief, however, the farmer
                                                         must enter into a development rights agreement to keep his land in
                                                         farming for at least ten years. Further, if the contract is not renewed
                                                         when it expires, the farmer must pay the state the total amount he
                                                         received under the program for the last seven years (without interest
                                                         or penalty). The farmer may cancel the agreement before it expires, by
                                                         obtaining the approval of the state land-use agency. But he must pay
                                                         the state the total amount he received under the program for the entire
                                                         period of his participation, plus interest at 6 percent. If he violates the
                                                         agreement without obtaining approval, he is subject to a civil penalty
                                                         up to twice the value of the land at the time the contract was made.

                                                            46

                                                                                                                           Appendices

                                                        Appendfloy, C
                                                        EMR'SIR'ng Funfflng Sources

                                                            Stable sources of funding are essential to the successful implementation
                                                        of a comprehensive land protection program. It is very important that funds
                                                        be available as opportunities for purchase and preservation arise, not just at
                                                        the beginning of a new fiscal year. Then, it is more practical to pursue sales
                                                        agreements and options in advance of the availability of high-priority lands.
                                                            No single source of funds can be expected to meet the diverse needs for
                                                        acquisition throughout the state and at all levels of government. For example,
                                                        some federal funds are available only for boating access, hunting areas or
                                                        estuary preservation. Similarly, state non-matching capital funds are typically
                                                        not used to finance county or municipal purchases. All agencies must make
                                                        a cominitment to increased levels of funding from all sources until mutually-
                                                        agreed-upon goals are achieved.
                                                            Listed below are the various sources of funds which now hold the most
                                                        promise for the future of recreation and conservation land acquisition and
                                                        development:

                                                        Land and Water Conservation Fund, U.S. Department of the
                                                        ffnterior-NaflonO Park Service
                                                            This fund was established by Congress in 1964 to provide matching
                                                        grants to the States (and subgrants to counties and municipalities) for the
                                                        planning, acquisition and development of public outdoor areas. Since 1965,
                                                        nearly $27 million has been apportioned to Delaware for eighty acquisition,
                                                        seventy-eight development and three planning projects. All federal funds
                                                        were matched at least 50% with state and local funds and in-kind contribu-
                                                        tions. Over 16,000 acres of parks, wildlife areas and natural areas have been
                                                        acquired through this program.
                                                            Annual apportionments to Delaware peaked at $3.2 million in 1979 and
                                                        reached an all-time low of $155,000 in 1988. Current legislative proposals
                                                        have been submitted to fund LWCF through a billion-dollar American Heri-
                                                        tage Trust. This would result in over $2 million per year for Delaware's
                                                        outdoor recreation projects.

                                                        DeDaware Land and Water Conservation Trust Fund-Division of
    'J                                                  Parks and Recreation
                                                            This permanent trust was established in 1985 to supplement and/or
                                                        replace the federal LWCR Through legislative appropriations and private@
                                                        contributions, the Fund principal now totals $3.73 million. Interest only is
                                                        available for state projects and 50%-matching grants to counties and munici-
                                                        palifies. The Division of Parks and Recreation administers the grant program.
                                                        No long-range targets have been set for the fund principal nor has any
                                                        commitment been made to increasing the Trust. (Note: Appropriations for the
                                                        special three-year, $21 million program to acquire eight critical properties
                                                        have been deposited in the Trust Fund.. For these acquisitions, the principal

                                                                                                                                     47

                        Appendices

                                                       may be spent but the interest still accumulates for other grant projects.)

                                                       Pittman-Roberlson Program, U.S. Department of the Enterior-Fish
                                                       & Wildlife Service
                                                          The Pittman-Robertson Program is a manufacturer's excise tax on sport-
                                                       ing arms and ammunition. It has been in existence for 51 years and has
                                                       resulted in a direct investment of about two billion dollars in wildlife resto-
                                                       ration in America. The funds are collected by the U.S. Fish and Wildlife
                                                       Service and then distributed to the states on.a formula basis (about $450,000
                                                       to Delaware in recent years). In order for states to receive these funds, they
                                                       must dedicate hunting license receipts to match the federal funds on a I to 3
                                                       basis. The money can be used for approved projects that include wildlife
                                                       research, habitat management or land acquisition. However, in Delaware this
                                                       program provides the primary source of funding for the Wildlife Section; in
                                                       a typical year federal support is not sufficient to fund Section operations and
                                                       land acquisition.

                                                       DingeEl-johnson Act, U.S. Department of the ff nterior-Fish &
                                                       Wildlife Service
                                                           Formally known as the Federal Aid in Sport Fish Restoration Act, this
                                                       program is designed to increase sport fishing and boating opportunities
                                                       through the investment of anglers' and boaters' taxes in state sport fishery
                                                       acquisition and development projects. Though intended primarily for con-
                                                       struction and habitat improvements, the funds may be utilized for purchase
                                                       of public access for stream or lake fishing. Delaware received $1.4 million
                                                       in FY 88; in a typical year, as much as $500,000 could be available for land
                                                       acquisition.

                                                       Endangered Species Act-Section 6, U.S. Department of the
                                                       ]lnteHor-F5sh & Wildlife Service
                                                           Funds from this program totalling about $25,000 per year are utilized by
                                                       the DNREC to conserve federally-listed and candidate species within the
                                                       state. The Office of Nature Preserves (Parks & Recreation) utilizes Section
                                                       6 funds for survey and inventory and protection plans for rare plant conser-
                                                       vation. The Non-Game Wildlife Program (Fish and Wildlife) does the same
                                                       for endangered animal species. Land acquisition is an eligible cost; if Con-
                                                       gressional appropriations to this program were significantly increased, small
                                                       or inexpensive properties could be considered for purchase.

                                                       Historic Preservation Fund, U.S. Department of the RnleirEar-
                                                       National Park Service
                                                           These monies are appropriated to the States as matching grants from the
                                                       Land and Water Conservation Fund for survey and planning and/or acquisi-
                                                       tion and construction. By a Reagan-administration policy decision, the HPF
                                                       cannot now be used for acquisition but may be in the future. Delaware's FY
                                                       88 apportionment was approximately $320,000. $1 80=0 was subgranted for
                                                       planning and survey with the remainder used to support the Bureau of Ar-
                                                       chaeology and Historic Preservation.

                                                       Federal Surplus Property Program, General Services Administration
                                                            Through this program, State agencies may apply to receive properties
                                                       and facilities being abandoned by Federal agencies. These lands are avail-
                                                       able case-by-case. To date, this program has been utilized at Lums Pond, Fort

                                                         48

                                                                                                                                Appendices

                                                          Delaware, Cape Henlopen, Trap Pond and Assawoman. Lands are usually
                                                          available at no cost.

                                                          National Estuarine Reserve Research Systems (NERRS),
                                                          U.S. Department of Commerce-NOAA
                                                               NERRS is a program which establishes and manages, through federal-
                                                          state cooperation, a national system of reserves representing the different
                                                          coastal regions and estuarine types that exist in the United States. The re-
                                                          serves serve as field laboratories for scientific research. Matching grants are
                                                          available to the States for planning, research, land acquisition and manage-
                                                          ment. Delaware will soon receive a preliminary planning grant to identify
                                                          eligible estuarine resource areas and to propose priority sites for acquisition
                                                          and inclusion in the national system. The availability of funds is uncertain
                                                          but they could be spent only at locations approved and officially designated
                                                          by NOAA.

                                                          Emergency Wetlands Resources Act of 1986 U.S. Department of the
                                                          Interior-Fish & Wildlife Service
                                                               This legislation, administered by the U.S. Fish and Wildlife Service, calls
                                                          for the Department of the Interior to develop a strategy that could be used
                                                          to identify wetlands that should receive priority consideration for Federal and
                                                          State conservation efforts. Delaware submitted a list of 18 priority sites in
                                                          April 1988. These will be included in the National Wetlands Priority Con-
                                                          servation. Plan of USFWS. Congress has not yet appropriated funds under this
                                                          act.

                                                          State of Delaware Capital Budget
                                                               The "Bond Bill" has been the primary source of funds appropriated by
                                                          the Delaware General Assembly for open space land acquisition. Before FY
                                                          89, planning for the expenditure of these funds was not comprehensive; each
                                                          natural resource agencies submitted independent requests. Decisions on
                                                          specific parcels have often been directed by citizen or political pressure rather
                                                          than natural-resource priorities. Appropriations have fluctuated dramatically
                                                          with no specific amount targeted to land acquisition in any given year.

                                                          Advance Land Acquisition Fund
                                                               This state fund was created to provide money for land purchases or
                                                          options when action must be taken before the legislature can appropriate
                                                          funds. In recent years, this program has not been funded.

                                                          Other Funding Sources
                                                               In addition to these traditional sources of funds for land acquisition, other
                                                          possibilities exist and should be- pursued as opportunities arise. Donations or
                                                          partial donations (bargain sale) from private landowners can reduce acqui-
                                                          sition costs and possibly serve as an in-kind match for federal funds. Non-
                                                          profit organizations st1ch as Delaware Wild Lands, the Nature Conservancy
                                                          and Delaware Nature Society can play a key role by acquiring specific lands
                                                          consistent with their organizations' objectives.
                                                               Grants from local and national non-profit foundations have had limited
                                                          use in the past and could be pursued more aggressively. Sometimes other
                                                          government agencies will acquire lands within a targeted area for highways
                                                          or other public works projects; these acquisitions should be coordinated with
                                                          appropriate natural resource agencies to maximize public benefits.

                                                                                                                                         49

                                                        071DOSary

                                                        Anadromous-species reproducing in freshwater systems and the migrating
                                                            to the sea to mature.
                                                        Brackish-transition zone between freshwater and saltwater systems,
                                                            typically 0.5-10.0.parts per thousand.
                                                        Conservation Easement-legal agreement placing permanent restrictions on
                                                            a property, usually to protect natural, scenic, historic, or open space
                                                            characteristics.
                                                        Delmarva Bay-seasonally-flooded, isolated woodland ponds, formed by
                                                            unique geological processes and typically containing rare plant and rare
                                                            animal species; unique to the coastal plain portion of the Delmarva
                                                            peninsula.
                                                        Estuarine-relating to where a tidal area meets a river current.
                                                        Geologic-includes geological structures, fossiles, rock types, or land forms.
                                                            Locations with these features provide either teaching or research
                                                            materials with significance at state to global levels.
                                                        Historic Sites-archaeological remains of Delaware's early colonial history.
                                                        Land-based Recreation-activities that take place on land that are either
                                                            active or passive. Examples of active recreation are camping, field
                                                            games, hunting and playground. Passive recreation, nature study,
                                                            birdwatching, photography, hiking trails.
                                                        Natural Airea-a portion of Delaware's landscape recognized by the State
                                                            as containing unique or significant examples of our diverse natural
                                                            heritage, i.e., unspoiled wetlands and woodlands, rare plant and animal
                                                            habitats, geological and archaeological sites.
                                                        Nature Preserve-a natural area dedicated with permanent legal restrictions
                                                            placed on the site to protect its natural heritage values.
                                                        Old Fields-successional stage between open grassland or cleared land and
                                                        I   a woodland; usually contains a mix of grasses, shrubs and young trees.
                                                        Old Growth Forest-area of mature tree species, usually over 150 years old.
                                                        Prehistoric Sites--archaeological remains of Delaware's early Native
                                                            American inhabitants.
                                                        Rare and Endangered-a plant or animal species found in fewer than 20
                                                            locations statewide; if it is of Federal concern then it is rare throughout
                                                            all or most of its range nationwide.
                                                        Reseairch/scientirne/educationaI VaRue-biologic or geologic aspects of a
                                                            site that contribute to or have potential to contribute to knowledge of the
                                                            appropriate field. The following functions are used to score this attribute
                                                            in the Rating Chart: 1) baseline data potential, 2) management activities
                                                            already on site, 3) history of research, 4) history of educational use, and
                                                            5) history of man's use.

                                                                                                                                     5R

                        Glossary

                                                      Riparian-along the bank of a natural watercourse such as a stream, river,
                                                           pond or marsh.
                                                      Steep Ropes-area with 15% or greater grade.
                                                      Unusua@ Conservation Enterest-concern for features or natural resources
                                                           within a site that extend beyond Delaware's geograghic boundaries.
                                                      Unique Natural Community-an area with natural features of a limited size,
                                                           or unusualness in Delaware; i.e., Delmarva bays, old growth forests,
                                                           steep slopes, bald cypress areas, dune communities and Atlantic White
                                                           Cedar.
                                                      Water Quagity-the overall quality of ground or surface water with respect
                                                           to portability or to other State or Federal standards. The following
                                                           functions of water quality are used to score this attribute in the Rating
                                                           Chart: 1) public water supply, 2) industrial water supply, 3) agricultural
                                                           water supply, 4) swimming, 5) secondary water contact recreation, 6)
                                                           fish & aquatic life propagation, 7) cold water put & take, 8) ERES
                                                           waters, and 9) harvestable shellfish waters.
                                                      Water Recharge-areas where rain fall or surface water is able to percolate
                                                           through the unsaturated zone and reach the ground water table, providing
                                                           recharge to either the shallow water table system or ultimately to deeper
                                                           artisan acquifers. Such areas are marked by a suitable combination of
                                                           water levels, permeabilities and porosities.
                                                      Water-based Recreation-activities that take place on, in or at w4ter, e.i.,
                                                           swimming, boating, canoeing, fishing, clamming.
                                                      WeHands-areas with hydric soils that are saturated by surface or ground
                                                           water long enough to deprive the soil of oxygen and that support a
                                                           predominance of wetland plants. The following functions are used to
                                                           score these attributes in the Rating Chart: 1) recharge, 2) discharge, 3)
                                                           flood storage, 4) shore achoring, 5) sediment trapping, 6) nutrient
                                                           retention, 7) food chain support, 8) fisheries habitat, and 9) wildlife
                                                           habitat.

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