MILLSBORO, Del. - Delaware lawmakers are advancing a wide-ranging housing bill aimed at expanding affordable housing opportunities statewide, though municipal leaders are raising concerns about potential impacts on local control over zoning and land-use decisions.
Senate Bill 23, formally titled the Housing for Every Delawarean Act, would require counties and municipalities with populations greater than 2,000 to develop affordable housing plans as part of their comprehensive planning processes.
The legislation builds on a pilot zoning reform effort created through Senate Joint Resolution 8 during the current General Assembly session. Lawmakers backing the measure say Delaware faces a growing shortage of affordable housing despite continued residential development throughout the state.
Under the bill, local governments would be required to identify housing needs and create strategies and timelines for addressing affordability challenges. The plans would be reviewed by the Delaware State Housing Authority, which also would conduct annual compliance reviews and publish reports online.
The proposal also would reduce the amount of time counties and municipalities have to complete administrative rezoning after adopting a comprehensive plan from 18 months to 12 months. Additional public hearings beyond those already required during the comprehensive planning process would not be necessary for the rezoning changes.
Another provision would revise Delaware’s comprehensive plan certification process by limiting the ability of counties and municipalities to reject plans after review by the governor. If revisions are required, local governments would have 20 days to make changes and resubmit the plan for certification.
Supporters say the bill is designed to increase housing access across income levels while allowing local jurisdictions flexibility in crafting their own housing strategies.
But the Millsboro Town Council opposed the bill in a letter to lawmakers arguing it could weaken municipal home rule authority and reduce local oversight of development decisions.
In the letter, the council said municipalities are best positioned to manage growth through zoning ordinances, public hearings and community planning tailored to local conditions.
"Affordable housing solutions should be achieved through collaboration and partnership with municipalities, not through mandates that diminish local authority or bypass local planning processes," the council wrote.
Town officials warned the legislation could create a precedent for further erosion of municipal authority over land use and zoning matters.
The council also argued that statewide housing policies may not reflect differences among Delaware communities, including infrastructure capacity, traffic issues, school enrollment pressures and emergency service demands.
Despite its opposition, the town said it remains willing to work with state leaders and housing advocates on balanced approaches to expanding housing opportunities while preserving local planning authority.
