Understanding Local, State & Federal Laws Related to CDs

In this Training Module:

• State Conservation District Law
• State and Federal Freedom of Information Acts (FOIA) & Compliance Procedure
• Privacy & FOIA Laws
• Employment Laws
• USDA Requirements for Shared Office Space

We've covered this in numerous modules throughout the series, that the roles, responsibilities, powers and oversight of Delaware's conservation districts are found in  Delaware Code, Title 7, Chapter 39 .

“It is the policy of the State to provide for the preservation of the productive power of Delaware land and the optimum development and use of certain surface water resources of the State by furthering the conservation, protection, development and utilization of land and water resources, including the impoundment, and disposal of water and by preventing and controlling floodwater and sediment damages, and thereby to preserve natural resources and promote their beneficial use, control floods, prevent impairment of dams and reservoirs, assist in maintaining the navigability of rivers and harbors, preserve wildlife, provide recreation development, protect the tax base, protect public lands and highways, and protect and promote the health, safety and general welfare of the people of this State.”

There are a number of additional state and federal laws, rules and regulations that apply to conservation districts related to information, privacy, open meetings and employment issues.

The F​r​e​e​d​o​m of Information Act (FOIA),  5 U.S.C.   § 552 , is a federal  freedom of information law  that requires the full or partial disclosure of previously unreleased information and documents controlled by the  United States government  upon request. The act defines agency records subject to disclosure, outlines mandatory disclosure procedures, and defines nine exemptions to the statute. [1]  [2]  The act was intended to make U.S. government agencies' functions more transparent so that the American public could more easily identify problems in government functioning and put pressure on  Congress , agency officials, and the  president  to address them.

The Delaware Freedom of Information Act is a series of laws designed to guarantee that the public has access to the public records of governmental bodies in Delaware. The law was first enacted in 1977. The Delaware Open Meetings Law legislates the methods by which public meetings are conducted.

Delaware Open Meetings Law and Delaware Freedom of Information Act “states that all gatherings of quorum of members of a public body, whether formal, informal or through video conferencing, with the intention of discussing public business are considered meetings.” Further reading  here 

USDA Section 1619 prohibits USDA, its contractors, and cooperators, from disclosing information provided by an agricultural producer or owner of agricultural land concerning the agricultural operation, farming or conservation practices, or the land itself. Further reading  here  and  here .

•  Section 1619 Q&A , via the National Association of State Conservation Agencies
• FOIA, Public Meetings and COVID Guidelines in  this 27th State of Emergency Declaration  (skip down to "Section I")

Image at top of the page courtesy of Bob Nichols and the NRCS Photo Gallery