As used in this subchapter:

(1) “Cutting operation” shall mean the cutting of timber for commercial purposes from 10 acres or more of land on which loblolly pine (Pinus taeda), shortleaf pine (Pinus echinata), pond pine (Pinus serotina) or yellow-poplar (Liriodendron tulipifera) singly or together occur and constitute 25 percent or more of the live trees on each acre.

(2) “Live tree” shall mean trees that have their crowns in the uppermost layers of the canopy (dominant and co-dominant trees) and are largely free growing, free of insect and disease infestation, windfirm and old enough to produce fertile seed crops.

(3) “Diameter” shall mean the diameter outside bark of a standing tree measured 4.5 feet above the ground.

(4) “Landowner” shall mean any person holding title to the land or possessing the right to contract for the cutting operation thereon.

(5) “Operator” shall mean any person, including a landowner, who conducts any cutting operation.

(6) “Person” shall mean the State, or any county, municipality, corporation or other political subdivision of the State or any of their units, or an individual receiver, trustee, guardian, executor, administrator, fiduciary or representative of any kind, or any partnership, firm, association or public or private corporation, or principal(s) in business ventures operating under more than 1 name, or any other entity.

(7) “Pine” shall mean any loblolly pine (Pinus taeda), shortleaf pine (Pinus echinata) or pond pine (Pinus serotina).

(8) “Secretary” shall mean the Secretary of the Department of Agriculture.

(9) “Seedling” shall mean a young pine or yellow-poplar plant less than 1 inch in diameter.

(10) “Tree” or “timber” shall mean any tree of a currently commercially valuable species that is 6 inches or more in diameter.

(11) “Free to grow” shall mean to increase the stem and crown diameter, basal area, height, volume and quality of an individual tree.

72 Del. Laws, c. 235, § 2.