UPDATED: Sussex County Council Revisits Forest Preservation Ordinance
Image courtesy Sussex County Government
UPDATED – 08/11/26 – The Sussex County Council met Tuesday and heard from a handful of members of the public on the Forest Preservation ordinance – mostly in favor of the overall ordinance, but not necessarily some of the individual parts. Sussex County currently has no ordinance on the books regarding forest preservation. This proposed ordinance was discussed two weeks ago with additional amendments and some new topics discussed by the Council during this week’s meeting.
In Old Business, the Council discussed further Ordinance 26-05 – the Forest Preservation Ordinance – and the definition of “forest.” This included whether it should include perimeter buffers in growth areas and be excluded from perimeter buffers in rural areas – and the land area of a forest.
While the Council considers a change in the land area of a forest from 10,000 square feet to 1 acre, Councilwoman Gruenebaum asked why Sussex should be different at 1 acre when other jurisdictions define it at 10,000 square feet. Council members add that legislation approved by the Delaware General Assembly – Senate Bill 23 and House Bill 450 would both open the flood gates of development.
There were three new topics discussed – the creation of a five-year look-back clause. No property shall be permitted to be developed for residential housing within 5 years of a timber harvest. For this part of the ordinance this does not exist, however there are some five-year references in both the resource buffer and perimeter buffer ordinances. This newer version would capture the entire property in a five-year window. Councilwoman Gruenebaum asked why not use existing language in buffer ordinance? County Administrator Lawson replied that the resource buffer & perimeter buffer ordinances both reference just those parts of the ordinance, where this new language would apply to the entire property.
The other new topics – Fee-in-Lieu and Preservation-in-Lieu were discussed briefly two weeks ago. Council President Doug Hudson feels the Fee-in-Lieu is a poor way to do business, which Councilwoman Jane Gruenebaum agrees and says if they used the language from the buffer ordinance, this would be irrelevant. As for the Preservation-in-Lieu option, the County Administrator says that this could be offered in the buffer ordinance as well.
The Council discussion went on for nearly an hour, but no vote was planned. County Administrator Lawson says there’s still work to do and they will return in two weeks in an attempt to have the County’s first Forest Preservation Ordinance ready for additional discussion and a possible vote.
The County Council also revisited Conditional Use 2631 – Zion Church Ventures, LLC. The conditions were amended and the amended application was approved with a 5 to 0 vote.
During the afternoon session the Council held public hearings on a proposed borrow pit and sand plant in the Greenwood area. CU No. 2465 for Sussex Materials, LLC was approved with a unanimous vote. Conditional Use No. 2569 for Pivot Energy – a solar array in the Oak Orchard area was also approved 5 to 0. The Change of Zone application, No 2061 for Sandie, LLC has been postponed at the request of the applicant. This public hearing will be rescheduled for October 27th.
The Sussex County Council does not meet next week. The next meeting is scheduled for Tuesday, August 25th.
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ORIGINAL STORY – 08/10/26 – The Sussex County Council meets Tuesday morning in Georgetown. The Council will revisit a conditional use application for Zion Church Ventures, LLC to amend conditions for storage/warehouse/office buildings and a car wash. The Council will also revisit Ordinance 26-05 – the forest preservation ordinance.
During the afternoon session the Council will hear two conditional use applications – for a borrow pit and sand plant site and for a solar array. There is also one change of zone application No. 2061 on behalf of Sandie, LLC to amend conditions of approval in relation to the addition and use of recreational amenities in the area of Plantations Boulevard west of Lewes.
The Council meeting begins at 10am Tuesday in the County Administration Building on The Circle in Georgetown.
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