26 Del. C. § 808: Exemptions.

(a) No penalties provided for in § 810 of this title shall apply to any excavation or demolition done by the owner of a private residence when such excavation or demolition is made entirely on the land on which the private residence is situated and provided there is no encroachment on any facility owner’s or facility operator’s rights-of-way or easement. However, this exemption shall have no effect on the civil liability of such private residence owner pursuant to § 811 of this title.

(b) No penalties provided for in § 810 of this title apply to any surface cultivation of the soil for agricultural purposes such as tilling, plowing, disking, etc. provided that it does not infringe on public rights of way or easements.