Historic Bill Proposed for Delaware Wetlands Preservation
April 1, 2026/
After years of collaboration with agricultural, business, environmental, and government stakeholders, Senator Stephanie Hansen and Representative Debra Heffernan introduced The Wetlands Stewardship Act on Tuesday to ensure the long-term preservation of Delaware’s wetlands. Senate Bill 9 would create Delaware’s first combined tidal and nontidal wetlands program, establishing state-level protections for wetlands that currently lack adequate federal regulation. State officials say this program expansion is vital to maintain the health of Delaware’s wetlands, which play a crucial role in reducing the negative impacts of climate change. SB 9 has been assigned to the Senate Environment, Energy & Transportation Committee and is scheduled to be heard on Wednesday, April 15th.
Additional Information from Legislative Hall:
“This legislation is the result of a years-long effort — with negotiations first beginning back in 1988 — to ensure Delaware is taking responsibility for protecting one of its most valuable natural resources,” said Sen. Hansen, Chair of the Senate Environment, Energy, and Transportation Committee. “As federal definitions and protections continue to shift, we cannot afford to leave thousands of acres of land vulnerable to deterioration. Expanding protections to this land is necessary to preserving the integrity of our unique landscape, as well as the wildlife that inhabits it. The safeguards this bill enacts are steps toward meaningful action that guarantees a healthier future for our wetlands and natural environment.”
While Delaware currently has a statewide tidal wetlands program, its nontidal wetlands are regulated federally and enforced by the United States Army Corps of Engineers under the Clean Water Act. This reliance on federal protections has left nontidal wetlands vulnerable to development that is not environmentally sustainable amid federal uncertainty following changes to wetland qualifications and the U.S. Supreme Court’s 2023 Sackett vs. EPA decision that further restricted federal jurisdiction over wetlands.
A 2022 Department of Natural Resources and Environmental Control (DNREC) report to the General Assembly found that roughly 30,000 acres of nontidal wetlands were unprotected in Delaware, and following the Sackett decision, that acreage has risen to approximately 75,000 acres.
“Delaware’s freshwater wetlands are environmentally critical in many ways – for water quality, for flood protection, for critical animal and plant species, and for capturing climate changing carbon. And there are tens of thousands of acres of wetlands now at risk from a federal pullback of protections,” DNREC Secretary Greg Patterson said. “This bill represents a consensus on creating a regulatory program within DNREC that will protect these valuable wetlands while providing an efficient and predictable permitting path. We very much appreciate Sen. Hansen leading the lengthy negotiations among the many stakeholders who all compromised to achieve this important goal.”
“Wetlands are one of Delaware’s most valuable natural resources. They help keep our water clean, protect our communities from flooding, and support diverse ecosystems that are important to both our environment and economy,” said Rep. Heffernan, House prime sponsor of SB 9. “Creating a strong state-level program to protect tidal and nontidal wetlands will help preserve these spaces for future generations. I appreciate Sen. Hansen’s continued work on this issue and her leadership in bringing this legislation forward.”
Under SB 9, a combined wetlands permitting program would be established to cover gaps in federal jurisdiction, improve the current tidal wetland permitting process, and utilize that mechanism for nontidal wetland permitting.
Further, a newly-created Wetlands Regulatory Advisory Committee will assist in adopting initial regulations and evaluating permitting procedures. The body – composed of 25 members that represent the environmental, business, and agricultural sectors – will be assisted by DNREC in developing the initial regulations that will be promulgated, and then continue to review the implementation of the regulations and provide input to DNREC regarding legislative or regulatory improvements.
The efficiency and expediency of tidal and nontidal wetland permitting would be bolstered by the inclusion of general permits for beneficial projects that bring little to no environmental impact.
Additionally, nontidal and tidal wetlands would be determined by a new Delaware Wetland Screening Tool to ensure the proper permitting procedures are utilized. The tool will also help identify Exceptional Value Wetlands, which are afforded additional protections due to being ecologically unique, high functioning, or being home to endangered flora or fauna.
SB 9 outlines full exemptions for certain farming, silvicultural, conservation, and other practices. The legislation also adds conditional exemptions that include nationwide permit allowances from the U.S. Army Corps of Engineers, and activities on wetlands equal to or less than 0.5 acres in extent after certifying to DNREC that the wetlands do not qualify as unique or high functioning.