Bill to require counties to consider climate resiliency in comprehensive plans passes Delaware Senate
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DOVER — Delaware counties would consider climate change and resiliency strategies while crafting their comprehensive plans under a proposal that received …
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Bill to require counties to consider climate resiliency in comprehensive plans passes Delaware Senate
By DOVER— Legislation that would require Delaware counties to consider climate change and resiliency strategies in the development of their comprehensive plans received approval in the state Senate on Tuesday.
The passage of Senate Bill 237, which is sponsored by Sen. Stephanie Hansen, D-Middletown, came after Republican senators raised concerns that the legislation would take power away from local governments when determining their future land-use plans.
“This isn’t just a Sussex County problem; sea level rise, saltwater intrusion causing fouling of agricultural lands, inland and coastal flooding are all now current issues, and when we have the opportunity to plan for how we’re going to grow and develop, let’s make sure that we are planning with these things in mind,” Sen. Hansen said during the bill’s consideration on the Senate floor.
In Delaware, counties and municipalities with more than 2,000 residents are required to complete a comprehensive plan once every 10 years and review the outline once every five years.
The plans include development strategies related to population and housing growth, jurisdictional boundaries, redevelopment, infrastructure and land use.
Since governments typically kickstart their next comprehensive plan two years before completion, New Castle’s next revision is scheduled for 2032, while Kent’s is set for 2028 and Sussex in 2029.
Under Senate Bill 237 – which would not take effect until Nov. 15, 2026, if passed – future county land-use plans would take the Delaware Climate Action Plan and implementation reports into consideration and require consultation with the Office of State Planning and Coordination during the development of a comprehensive plan.
This would direct counties to implement community resiliency strategies aimed at reducing the vulnerability of agriculture, infrastructure, property and cultural and natural resources from the effects of climate change, such as extreme weather events, sea-level rise and changes in rainfall patterns.
The proposal also requires counties to consider designated state evacuation routes, forests, habitat areas, wildlife corridors, walking trails related to community mobility and housing, specifically related to population growth and new development away from vulnerable areas.
During consideration of the bill, Senate Minority Whip Brian Pettyjohn, who served as Georgetown mayor from 2010 to 2012, said he believes planning decisions should be left to the Delawareans who are best suited to serve their respective municipality or county.
“This looks like it’s starting to take that independence of our counties and our municipalities and is starting to pare away at that, and I have a lot of heartburn around that because again, it’s those men and women that serve on those planning commissions on those town councils, on those county councils, that know best what’s going on in their areas,” the Georgetown Republican said.
“They’re the ones that should be developing these plans, not necessarily something that we’re legislating here up here in this building.”
In response, Sen. Hansen said legislation does not mandate anything, but only gives counties tools to take into consideration while developing the plan. She noted that, many jurisdictions have already began utilizing these tools and the legislation would not be a “big lift for anyone.”
Sen. Eric Buckson, R-Camden, who served on Kent County’s planning committee as a longtime Levy Court commissioner, consulted with Kent County, as well as Sussex regarding the bill.
In those conversations, he said counties relayed that they already consider these factors and that there was nothing in the legislation they were overly concerned about.
“I have no cause to represent them now to vote against it, although I do believe in local control,” Sen. Buckson said, adding that he hoped new regulations would not follow the enactment of the bill, which would cause planning challenges for municipalities.
Further, David Edgell, director of the Office of State Planning Coordination, testified as a witness on the legislation, noting many municipalities are in fact incorporating these tools in their planning.
He also said it is ultimately up to the governor to certify a county’s comprehensive plan, and if a local government refuses to incorporate these tools in their outline after considering the Climate Action Plan, a final decision would be dependent on the circumstances facing that jurisdiction.
After a roll call vote, Senate Bill 237 passed by a vote of 15 yes and five no with limited bipartisan support. The legislation now heads to the House of Representatives for consideration.
