SUSSEX COUNTY, Del. - A perimeter buffer ordinance is updating County code to enhance protections for natural areas in new residential developments. County Council voted to adopt the ordinance on Tuesday, Aug. 27.
The ordinance sets rules for when new trees must be planted, establishes the timing of home building versus buffer construction and steps up County inspections for compliance.Â
The perimeter buffer ordinance promotes the use of existing woodlands as buffers and sets rules for tree removal and replacement. It establishes a two-for-one mitigation requirement when older trees have to be removed.
The ordinance also sets penalties of $10,000 per quarter acre of disturbed area for clear-cutting trees in a designated buffer. The County says up until now that practice had been permitted under its code.
The code will now require that buffering be addressed at the onset of a project, as opposed to the end, so that buffers are installed before houses are built. This is to ensure trees have adequate time to reach viability and not suffer any adverse effects from construction.
The ordinance takes effect in February 2025. It is rooted in the 2018 Comprehensive Plan and reflects community concerns about preserving Sussex County's natural resources while accommodating growth.Â
A copy of the ordinance can be online at sussexcountyde.gov/ordinances.