Delaware Code
Updated October 2022
By:
https://delcode.delaware.gov/
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Environmentally Sensitive Areas
Delaware’s planning enabling statute requires countywide comprehensive plans to include a conservation element to protect natural resources (§9-2656, §9-4956, §9-6956). Natural resources include wetlands, wood uplands, habitat areas, geological area, hydrological areas, floodplains, aquifer recharge areas, ocean beaches, and slopes (§9-2656(g)(4); §9-4956(g)(4); §9-6956(g)(4)). It requires land use maps to reflect state law and regulations and that the best topographic maps be used to identify natural resources.
Sussex County's Comprehensive Plan includes a conservation element, as required by this statute.
Planning and Zoning Enabling Laws
Delaware requires all counties and some cities and towns to prepare comprehensive plans. And it authorizes counties, cities, and towns to adopt zoning regulations.
| Jurisdiction | Comprehensive Planning Enabling Statutes | Zoning Enabling Statutes |
|---|---|---|
| State | NA | |
| County | ||
| Parish | NA | NA |
| Borough | NA | NA |
| City | ||
| Town | ||
| Village | NA | NA |
| Township | NA | NA |
Transfer of Development Rights
Delaware’s county planning and zoning enabling act authorizes counties to adopt regulations governing the transfer of development rights (Title 9 §2653, §4953, §6953). It addresses updating the local comprehensive plan, the optional nature of developments rights transfers, appropriate receiving areas, consistency with state and local plans, and incentives for transfers.