(a) A representative of the Council or state agency may access land being considered for permanent protection to perform onsite verification to gather information about the land only after the landowner executes a written permission form granting the Council or State agency representative permission to access the land.

(b) If a representative of the Council or state agency collects data during an onsite verification of land that establishes the presence of at least 1 of the criteria listed in § 7507A(a)(1), (2), or (7) of this title during the negotiations for the permanent protection of that land, and the negotiations do not result in the permanent protection of that land, an agency or political subdivision of this State, including county and municipal governments, or person, as defined in § 302 of Title 1, may not use the data for any of the following purposes:

(1) To incorporate the data into a comprehensive plan; overlay zoning ordinance; guideline; specific or technically-based performance standard, design criterion, or mitigation requirement; or for any other restrictions on land use.

(2) To deny, delay, or recommend the denial or delay of a permit or license.

(3) To place any condition or restriction on a permit or license.

(4) To charge additional fees on a permit or license.

(c) Nothing in this chapter may be construed to prohibit the Council or state agency representative from reporting to the proper authorities any information or data obtained about the property concerning a violation of any environmental, public health, or safety laws or regulations or information that is otherwise required to be reported.

(d) Data collected under this section related to negotiations that do not result in the permanent protection of land are not public records and may not be disclosed under Chapter 100, Title 29.

80 Del. Laws, c. 354, § 1.