Sussex County Council adopts resolution urging state to preserve local land-use authority

Sussex County Council on June 3 adopted a resolution asking the Delaware General Assembly to "affirm, uphold, and respect the long established authority of local governments to reasonably govern for themselves." The motion to adopt the measure was moved by Councilman Riley and carried after a roll call in which Councilmembers McCarran, Lloyd, Grunbaum and Riley voted in favor.

The resolution, circulated to council members the week before the meeting, says the council "joins with Kent and Newcastle County in offering to work collaboratively with our state legislative partners to preserve the first state's tradition of local control," and directs the county administrator to send an official copy to both chambers of the General Assembly. County Administrator Lawson told the council the measure follows similar actions by the other two counties and cited recent state legislation under consideration.

The council debated the resolution amid references to several bills before the General Assembly. Administrator Lawson told the council the measure was prompted in part by consideration of "Senate Bill 159 related to a land use decision here in Sussex County, which Senate Bill 159 would allow for that application to move forward, as it relates to the land use decision involving the electrical substation." Councilmembers and staff also referenced pending legislation on accessory dwelling units, marijuana dispensaries, and a proposed homeless bill of rights as drivers of concern about state involvement in locally governed land-use decisions.

Council President Hudson said he "strongly agree[d] with the resolution in joining our other counties in in condemning this proposed outreach of state authority and local land use decisions," and framed the recent bills as intrusions on local decision-making. In public comment before the vote, Johannes Sayer of Lewes urged the council to recognize broader obligations across state and federal levels; Sayer also criticized local opposition to offshore wind projects as localism that can conflict with climate goals, saying, "I find the opposition to wind power here is one of the grossest examples of nimbyism that I've seen in a long time." The council did not adopt language taking a position for or against specific energy projects; the adopted resolution focuses on preserving local land-use authority and collaboration with state legislators.

The resolution does not change any county ordinance or code; it is a formal statement urging the General Assembly to respect local land-use authority and offering to work collaboratively with state lawmakers. Council members said the statement is intended to preserve the county's ability to apply local zoning and permitting rules to development proposals within Sussex County. Administrator Lawson said the county will transmit the adopted resolution to the Delaware General Assembly as directed.

No legal action or ordinance change resulted from the vote; the resolution is a public, advisory request to state legislators. Council members who spoke emphasized that the resolution is meant to be collaborative with state lawmakers rather than confrontational, though some comments at the meeting framed the action as a response to what they called an overreach by state legislators on local land-use decisions. The council did not specify further follow-up steps beyond sending the resolution to the General Assembly.