DELAWARE - Nearly half of Delaware’s wetlands are in Sussex County, according to the state Department of Natural Resources and Environmental Control, and a proposed law could shift control of many of them to the state, prompting debate over environmental oversight and local authority.
Senate Bill 9 would expand state oversight of wetlands, including both tidal and nontidal areas, covering lands no longer regulated at the federal level. The legislation aims to fill gaps under the Clean Water Act, streamline permitting for business and development projects, and provide clearer rules for managing sensitive wetlands.
The bill defines “Exceptional Value Wetlands” and “unique wetlands,” outlines activities exempt from permits such as farming, silviculture, certain drainage work, and residential gardening and establishes a Wetlands Regulatory Advisory Committee to guide DNREC on regulations and permitting processes.
Michelle Parsons, president of the 38th District Republican PAC, said the bill could diminish county oversight. “With this bill, they’re actually taking even more authority and control away from the counties and placing it with DNREC on a state level,” Parsons said. “They are targeting, expediting permitting for offshore wind cables.”
State Senator Stephanie Hanson, the bill’s sponsor, said claims linking SB 9 to offshore wind are false. “This bill has nothing to do with offshore wind,” she said.
“The clause mentioning ‘linear utility infrastructure projects’ relates to general permits for routine utilities running through wetlands,” Hanson added. She also said, “This bill is meant to ensure that future development around wetlands is done in an environmentally responsible way.”
Hanson noted that Delaware is the only Mid-Atlantic state without a freshwater wetlands program. “Federal protections have steadily decreased. Without this bill, our wetlands would be left with little to no protection. This is Delaware’s way to take control over sensitive wetland areas and streamline permitting for our business and development communities,” she said.