County Council Reviews Land-Use

The Sussex County Council this week introduced the first ordinances stemming from recommendations made by its Land Use Reform Working Group.

At the Tuesday, March 10 council meeting, Assistant County Attorney Vince Robinson said the introductions mark the first step in acting on roughly 20 recommendations developed by the group. The council created the working group last year to review land-use trends in Sussex County and recommend possible changes to the county code and Comprehensive Land Use Plan.

The ordinances introduced this week address affordably priced rental units, open space, preliminary plat requirements and cluster subdivisions. Public hearings will be held before the ordinances are considered for adoption. Details on the ordinances and hearing dates will be posted on the county’s website at www.sussexcountyde.gov.

The Land Use Reform Working Group began meeting in March 2025 and held its final session Sept. 11, 2025.

Among its final recommendations were:

• Revising the Future Land Use Map using the state’s Strategies for State Policies and Spending to define growth and conservation areas. As part of the 2028 Comprehensive Plan update, the county would also undertake a countywide rezoning to align zoning districts with those areas and better direct development toward locations with infrastructure and suitable land.

• Amending the zoning code to clearly define “missing middle” housing types such as duplexes, triplexes, stacked flats and cottage courts, which are currently grouped under the broader term “multi-family dwelling.” The update would also allow a wider range of housing types and revise minimum lot sizes, widths, setbacks and separation distances in growth areas to support more compact housing.

• Adjusting permitted densities in growth and conservation areas to encourage development where infrastructure exists and limit growth in areas targeted for conservation. The recommendations also call for incentives to preserve open space, farmland, natural resources and affordable housing.

• Revising the county’s rental housing program to improve its effectiveness and encourage more developer participation through a data-driven approach. The group also recommended working with DelDOT to create transportation improvement districts in growth areas and establishing a transportation impact fee for development in conservation areas.

• Encouraging the preservation of existing trees through value-based tree protection standards, including mitigation options and incentives, along with new landscaping and tree-planting requirements for development projects.

• Promoting naturalized landscaping and native vegetation in open spaces.

• Requiring major subdivisions in AR-1 agricultural districts within conservation areas to maximize lot size and preserve natural resources wherever possible.

Additional recommendations include supporting working farms in AR-1 zones, improving clarity and reducing subjectivity in the review process, prioritizing public hearing scheduling for projects that advance county land-use goals, and modernizing the zoning code to make mixed-use development a predictable permitted use in commercial districts.

The overall goal, the group said, is to foster vibrant, walkable centers, expand housing options, support local businesses and make efficient use of infrastructure while preserving community character