Sussex County land use applications pulled following passage of State housing bill

Georgetown, Del., July 14, 2026: Sussex County will forgo public hearings on two land use applications before planning officials this week, in the wake of legislative action that has left in question the process of development approvals and local control.

County officials on Tuesday, July 14, 2026, announced that two applications for cluster subdivisions that were slated to go before the Planning & Zoning Commission on Wednesday, July 15, could now appear to be approved 'by-right' and, thus, not require public hearings, following the adoption of Senate Bill 23 by the Delaware General Assembly. Gov. Matt Meyer signed the bill into law earlier this week. That bill makes changes to the land use process, including the removal of public hearings and public testimony in some instances, in order to expedite development projects to boost the state's housing inventory.

"This year's General Assembly session has brought about serious, fundamental concerns about the nature of government and local authority here in Delaware," Council President Douglas B. Hudson said. "With the implementation of SB23, the State has ripped away the public hearing process for certain types of residential applications, including major subdivisions, not just affordable housing developments. There are numerous questions about how we, and all local governments, are to proceed when it comes to the land use development process."

"With that in mind, we believe the prudent thing to do is to pause public hearings for major subdivision applications, so that County staff and our legal team can develop a new process that is in compliance with State law," Mr. Hudson said.

County Council will discuss the matter and any necessary ordinances at a future meeting.

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