Governor Meyer Signs Bipartisan Freshwater Wetlands Protection Act
Legislation that establishes Delaware’s first comprehensive state program to protect freshwater wetlands while creating a clearer and more predictable permitting process was signed Tuesday by Governor Meyer. Senate Bill 9 was passed in the General Assembly early in the morning of July 1st – it fills regulatory gaps and establishes a statewide framework for regulating nontidal wetlands, creates a Delaware Wetland Screening Tool and establishes a Wetlands Regulatory Advisory Committee to guide implementation.
Additional information from Gov. Meyer:
The bipartisan legislation fills regulatory gaps created by the U.S. Supreme Court’s 2023 decision in Sackett v. Environmental Protection Agency, which narrowed the scope of federal wetlands protections.
“When Washington stepped back from protecting freshwater wetlands, Delaware stepped up,” said Governor Matt Meyer. “This law protects one of our state’s natural treasures while giving farmers, builders, and businesses the certainty they need to invest with confidence — proof that we can protect our wetlands and keep Delaware’s economy moving forward.”
“Wetlands absorb floodwaters during heavy storms, reduce erosion, prevent infrastructure damage, provide habitat for plants and wildlife, filter drinking and surface water, and trap carbon that contributes to climate change. Wetlands solve many problems our state and communities worry about, so Delaware needs to protect the wetlands we have left,” said DNREC Secretary Greg Patterson. “That recognition drove a remarkably diverse and dedicated group of stakeholders to work through the details of creating a freshwater wetlands protection program, a task that had derailed multiple prior attempts through multiple decades. And DNREC will implement it using efficient permitting practices that we have learned and that had significant input from the building, farming and environmental communities that will use them.”
“Today is a historic day for Delaware and our 300,000 acres of tidal and nontidal wetlands. After 38 years of attempts, we have created the State’s first combined wetlands regulatory program that will strengthen protections for these vital resources for generations to come,” said Senator Stephanie Hansen, prime sponsor of SB 9. “This was truly an all-hands-on-deck effort that brought every stakeholder to the table around a shared commitment to protect Delaware’s wetlands. As federal protections have waned, this was an urgent priority, as wetlands play a crucial role in mitigating the negative impacts of climate change. Thank you to Governor Meyer for signing SB 9 into law, and for the countless stakeholders who made today possible.”
“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. Debra 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 getting this legislation to the finish line.”
Senate Bill 9 was developed in a collaborative approach that reflects the broad coalition, including the Delaware Farm Bureau, Delaware Home Builders Association, Delaware Realtors Association, Sierra Club, Ducks Unlimited, Delaware Nature Society, the Nature Conservancy and other organizations.
The bill creates a comprehensive state nontidal wetlands program that protects approximately 75,000 acres of freshwater wetlands that no longer receive federal protection due to Supreme Court action. Wetlands help improve water quality, reduce flooding, provide wildlife habitat and strengthen Delaware’s resilience to climate change. The legislation directs the Department of Natural Resources and Environmental Control to establish regulations that protect exceptional wetlands, reduce regulatory duplication and ensure no net loss of wetland acreage or function.
The bill includes exemptions for certain agricultural activities, conservation practices, hunting, fishing, mosquito control and other specified activities, while establishing a Delaware Wetland Screening Tool to help determine whether a property contains regulated wetlands. It also establishes permitting timelines intended to provide greater predictability and regulatory efficiency for landowners and developers.
Gov. Meyer signed the legislation alongside Secretary Greg Patterson of the Department of Natural Resources and Environmental Control, bill sponsors Sen. Stephanie Hansen and Rep. Debra Heffernan, and representatives from the agricultural, business, and environmental communities.