SUSSEX COUNTY, Del. - Sussex County Council voted 5-0 Tuesday to approve a forest preservation ordinance requiring developers to retain more existing woodland as development continues across the county..
The ordinance requires developers to preserve 30 percent of pre-existing forest in designated growth areas and 50 percent in rural areas. It also establishes new tree-planting requirements and updates county code governing forest preservation.
The measure follows months of discussion and a lengthy public hearing in which council members reviewed changes to the definition of a forest, mitigation requirements and other provisions.
“Passing this ordinance was crucial to protecting one of the qualities that makes Sussex County such a special place,” County Council Vice President John R. Rieley said. “Trees are an essential part of our landscape, and quality of life. This vote is a bold step forward to preserve the natural beauty and character of Sussex County for generations to come.”
Under the ordinance, a forest is defined as at least 1 acre of land that is at least 120 feet wide at one point and contains at least 100 trees per acre, excluding invasive species. At least 50 percent of those trees must have a diameter of at least 4 inches measured 4 1/2 feet above the ground, according to information presented by the council.
Developers with atypical properties may apply to the Sussex County Planning and Zoning Commission for a hardship waiver. If a waiver results in forest removal, the developer would be required to submit a forest removal mitigation plan and complete mitigation either on the development site or at another location within the same local watershed.
The ordinance requires forest replacement at a 2-to-1 acreage ratio in designated growth areas and a 2.5-to-1 ratio in rural areas when mitigation is required.
The rules also include a five-year look-back provision. Development applications must account for forests that existed on the property within the previous five years. If forest was removed or harvested during that period, the developer would be required to complete forest removal mitigation, according to the council's explanation of the ordinance.
The Delaware State Forest Service estimates Sussex County has lost about 43,000 acres of forest during the past 25 years, according to figures presented during the council's public hearing.
"I'm kind of crushed when I come back in this area and I see nothing but housing, traffic, developments, and I really miss the woods and open lands and the farmland," said Karen Dorris.
The ordinance does not prohibit developers from removing trees. Instead, it establishes minimum preservation levels for existing forests and requires additional mitigation in certain cases when forest land is cleared.
The ordinance goes into effect three months from Tuesday when it was approved. The ordinance does not apply to any completed applications already on file with the Sussex County Planning and Zoning Commission before the ordinance goes into effect.
