The following was also sent to the Delaware Senate’s Housing & Land Use Committee on May 12. The following day, the committee passed a substituted version of Senate Bill 23, which now awaits consideration in the full Senate.
We respectfully submit this letter in opposition to Senate Bill 23, relating to affordable housing and land use regulation within municipalities throughout the state of Delaware.
The town of Millsboro recognizes and supports the importance of expanding housing opportunities and addressing affordability challenges facing Delaware residents. Our community understands the need for balanced growth, attainable housing options and thoughtful planning that serves both current and future residents. However, Senate Bill 23 raises significant concerns regarding the preservation of municipal home rule authority and the ability of locally elected officials to make land use decisions that best reflect the unique needs, infrastructure capacity and character of their communities.
Municipal governments are closest to the residents they serve. Through comprehensive planning, zoning ordinances, public hearings and local engagement, municipalities are entrusted with managing growth in a manner that protects public safety, infrastructure integrity, environmental resources and community character. Senate Bill 23 threatens to undermine this long-standing principle of local governance, by shifting decision-making authority away from municipalities and toward state-level mandates.
The town of Millsboro is particularly concerned that this legislation may create precedent for continued erosion of home rule powers granted to municipalities under Delaware law. Local zoning and land use authority are foundational components of municipal self-governance. Weakening these powers limits a town’s ability to responsibly plan for traffic impacts, school capacity, public utilities, emergency services, stormwater management and overall quality of life for residents.
Affordable housing solutions should be achieved through collaboration and partnership with municipalities, not through mandates that diminish local authority or bypass local planning processes.
One-size-fits-all policies do not adequately account for the diverse needs and capacities of Delaware communities. What may be appropriate in one municipality may not be feasible or sustainable in another.
We respectfully ask lawmakers to carefully consider the broader implications that Senate Bill 23 would have on municipal governance throughout Delaware. Protecting home rule authority is essential to maintaining effective local government, preserving community input and ensuring responsible growth management.
The town of Millsboro remains committed to working collaboratively with state leaders, housing advocates and regional partners to identify practical and balanced solutions that increase housing opportunities, while respecting municipal autonomy and local planning authority.
Thank you for your consideration of our concerns and for your continued service to the citizens of Delaware.
Reader reactions, pro or con, are welcomed at civiltalk@iniusa.org.
