DELAWARE -Delaware lawmakers are considering Senate Bill 9, legislation that would significantly expand protections for wetlands across the state by creating a comprehensive program covering both tidal and nontidal areas.
The measure would amend Title 7 of Delaware code to establish a statewide nontidal wetlands program, aimed at filling regulatory gaps left by changing federal jurisdiction under the Clean Water Act.
If approved, the bill would broaden the definition of wetlands to include all tidal and nontidal areas, with further clarification to be developed through regulations by the Department of Natural Resources and Environmental Control.
The proposal introduces new classifications, including “Exceptional Value Wetlands,” which would receive additional protections due to their ecological importance, such as supporting endangered species or protecting drinking water sources.
The bill also outlines which activities would not require permits, including farming under certain conditions, hunting and fishing, mosquito control efforts, and typical residential lawn and garden maintenance.
Other activities could qualify for conditional exemptions, such as small-scale projects impacting less than half an acre of nontidal wetlands or work already permitted under federal guidelines.
In addition, Senate Bill 9 would create a Wetlands Regulatory Advisory Committee made up of 23 members representing agriculture, environmental groups, business interests and local governments. The group would help guide implementation and recommend improvements.
The legislation also calls for the development of a Delaware Wetland Screening Tool to help determine whether land qualifies as wetlands and sets new requirements for mitigation to ensure no overall net loss of wetland acreage and function.
Some provisions of the bill would take effect immediately if signed into law, while others would be implemented after DNREC adopts initial regulations.