DELAWARE — Governor Matt Meyer on Tuesday signed the Freshwater Wetlands Stewardship Act, establishing Delaware's first comprehensive state program to regulate and protect freshwater wetlands.
Senate Bill 9 creates a state-led permitting framework for freshwater wetlands, replacing regulatory oversight that was reduced following recent changes to federal wetlands protections. State officials say the law is designed to strengthen environmental protections while providing a more transparent and efficient permitting process for landowners, businesses and developers.
The legislation establishes new classifications for "Exceptional Value Wetlands" and "unique wetlands" and outlines activities exempt from permitting requirements, including farming, forestry, certain drainage work and residential gardening. It also creates a Wetlands Regulatory Advisory Committee to provide recommendations to the Delaware Department of Natural Resources and Environmental Control on future regulations and permitting.
Supporters say the measure closes gaps left by changes to the federal Clean Water Act and brings Delaware in line with neighboring Mid-Atlantic states, all of which already have freshwater wetlands programs. According to state officials, Delaware was the only state in the region without a comprehensive freshwater wetlands permitting program.
The bill drew debate during the legislative session. Opponents argued it shifts more authority over wetlands from counties to the state and raised concerns about how the permitting process could affect future development projects. Supporters, including the bill's sponsors, disputed claims that the legislation was intended to benefit offshore wind development, saying its primary purpose is to protect freshwater wetlands while creating a more predictable permitting process.
The law takes effect in phases as DNREC develops regulations and implements the new statewide permitting program.
