UPDATED: Sussex County Council Approves Belmead Farm Change of Zone & Opts to Join Litigation Challenging SB 159 & 199
UPDATED – 12/17/25 – After executive session the Sussex County Council returned to chambers and Council President Doug Hudson read a motion that Sussex County would join as a party in the litigation being filed by the Town of Fenwick Island in challenging the legality of SB 159 and SB 199, which was enacted during the last session of the Delaware General Assembly and would go into effect on January 31, 2026. The motion was passed with three votes from Council members Steve McCarron, Doug Hudson and John Rieley. Councilman Matt Lloyd abstained and Councilwoman Jane Gruenebaum voted against the motion.
Senate Bill 159 and 199 were passed at the end of the General Assembly session in June. SB 159 would permit an electric substation proposed for property adjacent to the Indian River Power Plant as an allowed conditional use – even though it has been denied in December of 2024 by the Sussex County Council. SB 199 was approved in both chambers on June 30, 2025, which delays the implementation of SB 159 until the end of January.
The Sussex County Council’s action Tuesday will seek a judicial stay to prevent SB 159 from going into effect at the end of January. US Wind, the parent company of Renewable Redevelopment, LLC, was seeking to bring offshore transmission cables ashore at 3Rs beach and under the Indian River to the proposed electric substation near Dagsboro. Currently US Wind faces a federal deadline of June 2026 to demonstrate meaningful construction progress in order to retain federal permit approvals.
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UPDATED – 12/16/25 – The Sussex County Council has voted to approve Change of Zone No. 2001 on behalf of Belmead Farm, LLC with a 3 to 2 vote. Councilwoman Jane Gruenebaum introduced six amendments to the recommendations from the Planning & Zoning Commission – all of which were approved by the Council. Council members Steve McCarron, Matt Lloyd and Council President Doug Hudson agreed that the project fits and meets the needs of the area – will allow people to work where they live – and because of that actually reduce traffic on Route 24. They voted to approve the rezoning of Belmead Farm from A-1 Agricultural-Residential to C-4 Commercial, while Councilwoman Gruenebaum and Council Vice President John Rieley voted against it.
The Council presented two proclamations at the start of this week’s meeting. One for the Cape Henlopen Unified Flag Football team who won the State Championship. The other for the Seaford High School Division 1-A State Football Championship.
There were public hearings for two conditional use applications during the afternoon session – one for an automotive repair business near Milford and one for a multi-family dwelling of 3 units east of Frankford. Both were approved by the Council – each with a unanimous vote.
The Sussex County Council does not meet again until January 6th.
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ORIGINAL STORY – 12/15/25 – The Sussex County Council meets for the final time this year on Tuesday. The Council will consider two proclamations – one to honor the Championship Cape Henlopen Unified Flag Football team and the other to honor the Championship Seaford HS Football team.
In Old Business the Council will revisit Change of Zone No. 2001 on behalf of Belmead Farm, LLC.
During the afternoon session the Council will hold public hearings on two Conditional Use applications – one for an automotive repair business near Milford and one for a multi-family dwelling of 3 units east of Frankford.
The Council will meet on Tuesday morning, December 16 at 10am in the County Administration Building on The Circle in Georgetown.