Sussex County Council is considering an ordinance to strengthen protection of our wetlands, waterways and surrounding habitat. But the ordinance as proposed has loopholes that could actually weaken existing protections. The Sussex Alliance for Responsible Growth (SARG) is advocating for a stronger ordinance that will better protect our important natural resources and is conducting a public survey to ensure that the public voice is included and heard.
After nearly three years of study, discussion and debate, and guided by the 2018 comprehensive plan, the Sussex County Council is holding public hearings on a proposed ordinance amendment that would modernize the 32-year-old “Buffer Zones for Wetlands and Tidal and Perennial Nontidal Waters” ordinance. The proposed amendment is focused on improving property values and the safety of residents by requiring more extensive natural buffers between new residential developments and wetlands and waters. This legislation is considered by many as possibly the most impactful environmental legislation in the history of Sussex County.
The County Council recognized the need to preserve environmental areas and encourage development practices and regulations that support natural-resource protection. They made a significant investment in an outside consultant to facilitate a Wetlands and Buffers Working Group, comprised of outside professionals and county staff, as well as managed the review process through past and present pandemic conditions. The workgroup focused on defining the purpose, function and benefits of proper buffers and, through a consensus-building process, arrived at both qualitative and quantitative measures for buffer widths, permitted and nonpermitted uses, and the need for the incorporation of a buffer-averaging approach to provide flexibility in site design for prospective landowners and developers given the irregularities of natural-resource areas. They were also careful to assure that these provisions would not apply to existing subdivisions or farmland, only to new large residential subdivisions.
After considerable debate, review and compromise among workgroup members, the consensus recommendations were delivered to the council in September of 2019. Since that time, work has continued, primarily at the county staff level, without the input of the workgroup. Unfortunately, as with many initiatives, especially ones of this magnitude, the behind-the-scenes influence of powerful special interests, working without the benefit of the consensus process, has proposed multiple amendments to the consensus proposal, which, in SARG’s opinion, diminish and, in certain instances, negate the benefits of the original proposed ordinance. It is clear that certain provisions in these proposed amendments, unilaterally proposed without the benefit of the original consensus approach, place in jeopardy the effectiveness of the proposed ordinance, to the point of potentially taking a number of steps backward from today’s weaker standards. To be clear, SARG strongly supports the original consensus proposal and opposes the proposed amendments, especially new Section G.
SARG, with the support of the Delaware Center for the Inland Bays and the League of Women Voters of Sussex County, is conducting a survey to better gauge public sentiment regarding these issues. You can participate in this survey by sending an email to SARG at sargnow@gmail.com to subscribe and request a link to the survey. There is no charge; you will not be asked for money; and your email will not be provided to any other organization for any purpose. You can unsubscribe at any time.
Please help us protect our waters, wetlands and wildlife habitat, while providing homeowners a more natural Sussex County. The county’s wetlands and waterways are critical to our economy and our well-being. Providing adequate protection now will help to clean up our waters, protect our wildlife and reduce the impacts of flooding on new and existing communities.
Rich Borasso
Sussex Alliance for Responsible Growth
