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Two Delaware bills signed into law this summer will play a critical role in future development throughout the state, to the dismay of some local leaders.
House Bill 450 and Senate Bill 23 are meant to address the state’s infrastructure gaps and affordable housing shortage from rapid growth, mainly through having local governments change their zoning code.
John Kane, director of policy and federal affairs for the governor’s office, said at a joint workshop between Sussex County and the state’s Department of Transportation last week that the bills posed the most meaningful shift in land-use policy in a generation.
“We have not seen significant changes to the way we do land use or planning and zoning from the legislature in a very long time,” he said.
In terms of annual percentage population growth, Delaware ranks sixth-highest, according to data presented by Kane at the workshop. From July 2024 to 2025, the state saw almost a 10% increase, which outpaced national trends.
Sussex County is a hot spot for growth, which is considered one of the fastest-growing counties in the nation. It’s estimated that the county saw a nearly 17% increase since 2020, according to data from the U.S. Census Bureau.
According to the Delaware State Housing Authority’s 2023 Housing Needs Assessment, the state needs to build about 2,400 units per year to keep up with growth through 2030. Sussex County makes up more than half of that need.
The Office of State Planning Coordination released initial implementation guidance on the bills last month. State officials held an implementation training and information session Sept. 25 and invited local representatives.
Sussex County Administrator Todd Lawson and other county staff attended the meeting virtually. He said the room was full, and that there were more than 100 attendees online, made up mostly of city and town representatives.
“My first takeaway is there was great interest, and I’m going to say great concern, that you heard in the room related to all of the questions up and down the state, from towns in Sussex to towns in New Castle,” Lawson said.
Though it is a statewide concern, local governments in Sussex County have been outspoken about their apprehension toward the bills. County officials paused hearings on residential development applications soon after the bills were adopted. Some municipalities like Lewes are considering moratoriums on reviewing residential developments, while representatives in the county’s seat, Georgetown, are citing the new bills as the reason their controversial cottage housing law should be repealed.
The released documentation is not meant to serve as legal guidance, but sought to simplify language around the complicated bills. Specific guidance from DelDOT and the Delaware State Housing Authority will eventually be released.
Land-use decisions are primarily based on comprehensive plans. The plan creates the guidelines for policies, and it includes a future land-use map, which identifies growth areas for jurisdictions.
It also identifies community concerns like environmental preservation, economic development and affordable housing. The state legally mandates counties and municipalities to have a plan in place.
The plans are reviewed through the Preliminary Land Use Service, and later certified by the governor. Municipalities adopt new plans each decade and provide yearly updates, as well as a five-year update.
