Sussex County adopts forest preservation ordinance, sets new rules for protecting trees

Georgetown, Del., Sept. 1, 2026: Sussex County is branching into a new realm of protections when it comes to saving forests amid residential development in southern Delaware.

County Council, at its regular meeting Tuesday, Sept. 1, 2026, adopted a measure that adds significant requirements for forested acreage where development is proposed. Under the new rule, parcels with existing forests, as defined by the ordinance, can continue to be developed; however, a certain percentage - as much as 50 percent in rural areas - would have to be preserved. Previously, no such protection existed in County code.

While setting new parameters, the ordinance also establishes penalties for clear-cutting forests from properties slated for development, as well as spells out mitigation requirements for instances when more trees are cut than is allowed by law. The action follows more than three years of discussion and public debate, and comes on the heels of County Council in early June adopting the first in a series of ordinances aimed at addressing the pace and intensity of residential development in the county, an outgrowth of 20 recommendations put forth by the Council-appointed Land Use Reform Working Group in 2025.

"Passing this ordinance was crucial to protecting one of the qualities that makes Sussex County such a special place," County Council Vice President John R. Rieley said. "Trees are an essential part of our landscape, and quality of life. This vote is a bold step forward to preserve the natural beauty and character of Sussex County for generations to come."

The rules take effect three months from adoption or any new subdivision applications. For more information on the ordinance, visit www.sussexcountyde.gov/ordinances.

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