Credit to: Coastal Point
Delaware has officially established its first comprehensive state program to regulate and protect freshwater wetlands after Gov. Matt Meyer signed Senate Bill 9 into law this week.
The bipartisan legislation creates a statewide framework for protecting non-tidal wetlands while also providing a more predictable permitting process for landowners, farmers, developers and businesses. State officials said the law addresses regulatory gaps created by the U.S. Supreme Court's 2023 decision in Sackett v. Environmental Protection Agency, which significantly reduced federal jurisdiction over many freshwater wetlands.
Under the new law, Delaware will regulate approximately 75,000 acres of freshwater wetlands that no longer receive federal protection. In addition to establishing a statewide permitting program, Senate Bill 9 requires the creation of a Delaware Wetland Screening Tool, allowing property owners and developers to determine whether regulated wetlands are located on a parcel before beginning a project. The legislation also creates a Wetlands Regulatory Advisory Committee to assist with implementation of the new program.
"When Washington stepped back from protecting freshwater wetlands, Delaware stepped up," Meyer said in a statement following the bill signing. "This law protects one of our state's natural treasures while giving farmers, builders and businesses the certainty they need to invest with confidence."
Wetlands play an important role in protecting Delaware's communities and natural resources. According to the Delaware Department of Natural Resources and Environmental Control (DNREC), they help absorb floodwaters during heavy storms, reduce erosion, improve water quality, provide habitat for fish and wildlife, and store carbon that contributes to climate change.
DNREC Secretary Greg Patterson said the legislation was the result of years of collaboration among agricultural, business and environmental organizations after previous efforts to establish a statewide freshwater wetlands program had failed.
"Wetlands solve many problems our state and communities worry about, so Delaware needs to protect the wetlands we have left," Patterson said. He added that the permitting process was designed with significant input from the building, farming and environmental communities to improve efficiency while maintaining strong environmental protections.
State Sen. Stephanie Hansen, the bill's prime sponsor, called the legislation a historic achievement after nearly four decades of unsuccessful attempts to create a statewide freshwater wetlands program.
"Today is a historic day for Delaware and our 300,000 acres of tidal and nontidal wetlands," Hansen said. "After 38 years of attempts, we have created the state's first combined wetlands regulatory program that will strengthen protections for these vital resources for generations to come."
House prime sponsor Rep. Debra Heffernan said the legislation will help preserve wetlands that protect water quality, reduce flooding and support Delaware's economy and ecosystems.
Senate Bill 9 also directs DNREC to develop regulations that protect exceptional wetlands, reduce duplicative regulations and ensure there is no net loss of wetland acreage or function. The law includes exemptions for certain agricultural activities, conservation practices, hunting, fishing, mosquito control and several other specified uses while establishing permitting timelines intended to provide greater certainty for property owners and developers.
The legislation was developed through a collaborative process involving a broad coalition of stakeholders, including the Delaware Farm Bureau, Delaware Home Builders Association, Delaware Association of Realtors, Sierra Club, Ducks Unlimited, Delaware Nature Society, The Nature Conservancy and other organizations.
Gov. Meyer signed the bill alongside DNREC officials, legislative sponsors and representatives from Delaware's agricultural, business and environmental communities, marking the culmination of decades of work to create a statewide freshwater wetlands protection program that seeks to balance environmental conservation with responsible growth.
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