HB 446 Delaware House · 153rd General Assembly (2025-2026)

AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO AGRICULTURE AND STATE FORESTRY.

Summary
This bill makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, adds definitions for “urban forestry,” “urban forest,” and “Urban Tree Canopy,” and transfers § 1011 to § 1001 consistent with current legislative drafting guidance.
Bill status passed both 4 of 5 stages cleared
Introduction
May 2026
Committee Review
Jun 2026
House Passage
Jun 2026
Senate Passage
Jun 2026
Governor
Introduced May 21, 2026 Last action Jun 23, 2026
Maddy AI version diff · 1 comparison

What changed between versions

HA 1 to HB 446 Bill Text · 6 edits
MODERATE
The final enacted version of HB 446 dropped the civil penalty expansion proposed in House Amendment 1, instead keeping the simpler 'impose fines for violations thereof' language. The final bill adds a new definition of 'forest' (at least 1 acre, 120 feet wide, 10% tree cover), a new subsection on cooperation with individuals and federal agencies, three new urban forestry definitions, and consolidates the old Section 1011 into Section 1001. The remaining changes are largely technical drafting corrections to conform with the Delaware Legislative Drafting Manual.
ENFORCEMENT

The HA 1 amendment that would have expanded the Department's penalty authority to include 'civil penalties in accordance with this chapter, Chapter 26 of this title, Chapter 91 of this title, or any laws enacted for the protection of forest lands' was not carried into the final bill. The final text retains only 'impose fines for violations thereof.'

DEFINITION

A new definition of 'forest' was added in Section 1001(c): an area at least 1 acre in size and 120 feet wide that is at least 10% covered by live trees of any size, including land formerly so covered that will be naturally or artificially regenerated.

Three new definitions were added to Section 1032: 'Urban forestry' (planned management of trees, forests, and green spaces within cities, suburbs, and towns), 'Urban forest' (sum of all woody and associated vegetation in and around dense human settlements), and 'Urban Tree Canopy' or 'UTC' (the layer of leaves, branches, and stems covering the ground when viewed from above).

SCOPE

A new subsection (b) was added to Section 1001 granting the Department plenary authority to cooperate with individuals and public agencies, including federal agencies, in programs related to fire/disease/insect damage control, establishing forest growth on denuded lands, aiding private landowners and operators, research and education, and public recreation.

TECHNICAL

Section 1011 was consolidated into Section 1001(a) as part of a reorganization. The old Section 1011 now contains only a note that its content was moved to Section 1001(a).

Throughout Section 1032, drafting language was updated to conform with the Delaware Legislative Drafting Manual: 'is' replaced with 'means,' 'shall mean' replaced with 'means,' and 'are' replaced with 'means.'

Floor votes · Senate Jun 23, 2026 · House Jun 11, 2026

How they voted

210
Passed
Total votes 21
Jun 23, 2026
D Democratic15
15 Yea
100% Yea
R Republican6
6 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
8
Key actions
5
Committee
2
Amendments
2
Jun 23, 2026
Upper · Passed
Passed By Senate. Votes: 21 YES
upper
Jun 17, 2026
Upper · Passed
Reported Out of Committee (Executive) in Senate with 1 Favorable, 5 On Its Merits
upper
Jun 11, 2026
Introduced
Assigned to Executive Committee in Senate
upper
Jun 11, 2026
Lower · Passed
Passed By House. Votes: 40 YES 1 ABSENT
lower
Jun 11, 2026
Lower · Passed
Amendment HA 1 to HB 446 - Passed In House by Voice Vote
lower
Jun 11, 2026
Introduced
Amendment HA 1 to HB 446 - Introduced and Placed With Bill
lower
Jun 10, 2026
Lower · Passed
Reported Out of Committee (Agriculture) in House with 10 On Its Merits
lower
May 21, 2026
Introduced
Introduced and Assigned to Agriculture Committee in House
lower
5 primary · 0 co-sponsors

Sponsors