SUSSEX COUNTY, Del. - Senate Bill 159 went into effect over the weekend following a judge’s denial of a temporary restraining order sought by the Town of Fenwick Island, even as broader legal challenges to the law continue.
A judge denied Fenwick Island’s request for a temporary restraining order on Jan. 16. As a result, Senate Bill 159 took effect Sunday, Feb. 1, while the case Fenwick Island v. Delaware remains pending before the court, said Sarah Fulton with the Delaware Senate Majority Caucus.
The General Assembly earlier passed Senate Bill 199, which delayed implementation of Senate Bill 159 until Jan. 31, to allow litigation tied to the measure to proceed. Despite that delay, the denial of the temporary restraining order cleared the way for the law to take effect.
The legislation stems from a 2024 decision by Sussex County Council to deny a conditional use permit for an electrical substation proposed as part of the US Wind offshore wind project. Senate Bill 159 requires certain electrical substations serving renewable energy projects of 250 megawatts or more to be permitted as a conditional use in heavy industrial zones, effectively overriding the county’s denial once the law is in force.
In December, Sussex County Council voted to join the Town of Fenwick Island in a lawsuit challenging Senate Bill 159 and Senate Bill 199, escalating the county’s opposition from policy objections to a direct legal fight with the state.
The case remains active, but Senate Bill 159 is now law while the court considers the remaining legal issues.