Sussex County Pulls 2 Land Use Applications Following Passage of Senate Bill 23

Two land use applications for cluster subdivisions before the Planning and Zoning Commission this week have been pulled from consideration after the passage and adoption of Senate Bill 23 by the Delaware General Assembly. County officials says that the legislation has left in question the process of development approvals and local control. SB 23 makes changes to the land use process – including the removal of public hearings and public testimony to expedite development projects to boost the state’s housing inventory.

Additional information from the Sussex County Government:

Gov. Matt Meyer signed the bill (SB 23) into law earlier this week. 

“This year’s General Assembly session has brought about serious, fundamental concerns about the nature of government and local authority here in Delaware,” Council President Douglas B. Hudson said. “With the implementation of SB23, the State has ripped away the public hearing process for certain types of residential applications, including major subdivisions, not just affordable housing developments. There are numerous questions about how we, and all local governments, are to proceed when it comes to the land use development process.”

“With that in mind, we believe the prudent thing to do is to pause public hearings for major subdivision applications, so that County staff and our legal team can develop a new process that is in compliance with State law,” Mr. Hudson said.

County Council will discuss the matter and any necessary ordinances at a future meeting.