UPDATED: Sussex County Council Discuss Senate Bill 23 and Forest Preservation Ordinance
Courtesy Sussex County Government
UPDATED – 07/28/26 – The Sussex County Council had a discussion with County Administrator Todd Lawson and Assistant County Attorney Vince Robertson related to the implementation of Senate Bill 23. This legislation was signed by Governor Matt Meyer on July 13th and is related to housing supply and housing affordability. Through the measure, a pilot program is being created designed to encourage local zoning reform efforts to increase affordable housing.
When Senate Bill 23 was signed the County was forced to remove two residential housing applications from the Planning & Zoning Commission meeting as public hearings are not allowed under this new legislation. The County has since pulled all residential applications (major subdivisions) from consideration until a new Ordinance crafted and approved.
Senate Bill 23 was sponsored by District 6 Senator Russ Huxtable, who represents Milton, Lewes, Rehoboth Beach and Dewey Beach. While the measure is referred to as the “Housing for Every Delawarean Act,” County Administrator Todd Lawson says the bill is a “Trojan Horse” and puts no incentive to participate in the Sussex County Rental Program or create any affordable housing.
Sussex County opposed the bill and submitted written opposition. SB 23 was also opposed by the Delaware Association of Counties and the Delaware League of Local Governments. However, in spite of opposition, SB 23 was ultimately approved in the General Assembly along a mostly partisan line and signed into law by Governor Meyer on July 13.
Sussex County has a number of considerations with the legislation, but only was dealing with by-right residential uses for this discussion. This legislation allows no public hearing – only the ability to hold a public meeting. No public testimony is allowed and no public record is kept.
Other considerations discussed – is the county “ok” with large subdivisions having no public hearings. This has the potential to supercharge sprawl throughout the County. They also ask that incentive is there to participate in the Sussex County Rental Program or create any affordable housing??
County Administrator Todd Lawson told the Council that there is another option – to try to get the legislation changed, however that will have to wait until the start of the 154th General Assembly in January.
In Old Business the Council revisited Ordinance 26-05 – the Forest Preservation Ordinance. Assistant County Attorney Vince Robertson discussed several proposed amendments after the public hearing which was held two weeks ago. The Council deferred a vote to consider the new information that was discussed.
During the afternoon session the County Council approved the Lilyvale Sewer Annexation near Millville and deferred action on Conditional Use 2631 for Zion Church Ventures, LLC. A Conditional Use application No. 2576 for a Coin Retail Shop on Retz Lane off Route 24 west of Lewes was also approved as were 5 applications for solar arrays in the Georgetown, Lincoln and Bridgeville areas. Two of the property owners spoke before Council to say that they took the solar array option in order to keep the land in the family, rather than selling the land to developers to be turned into houses.
Senator Dave Wilson also spoke during the public hearing on the Lincoln solar arrays and says that while he’s neither for or against the solar “farms” he did raise questions on how the land is taxed once a solar farm was approved, he also raised his issues with these being called solar “farms” and also questioned what happens after the solar array is finished. County Attorney Everett Moore provided answers to Senator Wilson’s questions – telling him that once a solar array is approved, the land is reassessed and is taxed as a commercial property as it is no longer a farm. He added that his questioning the use of solar “farm” has also been a pet peeve of Councilman John Rieley’s – and why they are now considered solar arrays by the County. Moore also said that once a solar array has served its purpose, the County has a decommissioning plan that is required and funded by bond.
Sen. Wilson also told the County Council, “Senate Bill 23, sponsored by Senator Huxtable, strips the rights of counties and municipalities to make decisions based on housing density and gives the authority to the state. It’s a slippery slope essentially for you to have legislators unfamiliar with our county and our municipalities making decisions for you. It doesn’t serve our constituents as well. Local decisions are better made on the local level – not in Dover.”
The Sussex County Council does not meet next week. The next meeting is scheduled to be held on Tuesday, August 11th.
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ORIGINAL STORY – 07/27/26 – The Sussex County Council will meet Tuesday morning at 10am. The Council will have a discussion with the County Administrator on the implementation of Senate Bill 23, which is related to housing supply and housing affordability. Through the legislation, a pilot program is being created designed to encourage local zoning reform efforts to increase affordable housing.
In Old Business the Council will revisit Ordinance No. 26-05 – on Forest Preservation.
There are 8 public hearings scheduled for the afternoon session beginning at 1:30pm. There is a sewer annexation for Lilyvale in the Millville area, a Conditional Use application for a storage/warehouse/office and car wash in the Frankford/Roxana area and Conditional Use applications for solar arrays.
The Sussex County Council meets at 10am in the County Administration Building on The Circle in Georgetown.
Click here for the Council Agenda
Click here for the full Council Packet