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Delaware Senate Democrats

Senate passes legislation to require community resiliency strategies in comprehensive plans

April 23, 2024

DOVER – The Delaware Senate passed legislation Tuesday that would direct counties and towns in the First State to include strategies in their next comprehensive plan for strengthening community resiliency against the impacts of climate change.

Sponsored by Sen. Stephanie Hansen in March, Senate Bill 237 would require future county comprehensive plans to encourage new housing development away from areas vulnerable to flooding and include plans that otherwise reduce vulnerability to sea level rise, changing rainfall patterns and extreme weather events, among other changes.

“As the lowest lying state in the nation, one of the best steps we can take now to protect lives and property from the damaging impacts of climate change is to direct future residential and commercial development away from areas most likely to be inundated by floodwaters and rising sea levels,” said Sen. Hansen, chair of the Senate Environment, Energy & Transportation Committee.

“Thankfully, our state agencies have put forward some excellent documents and resources to help our communities address their current risks and minimize the chances of future disasters,” she said. “Only by directing our towns and counties to include these strategies in their plans for the future, can we really advance a holistic path forward to protect future generations of Delawareans in the decades ahead.”

County comprehensive plan strategies required by SB 237 would need to be informed by the Delaware Climate Action Plan, a playbook developed by the Delaware Department of Natural Resource and Environmental Control in 2021 to help guide the state’s efforts to reduce greenhouse gas, expand clean energy and maximize community resiliency.

The bill also would require county comprehensive plans to consider land restoration where appropriate, reductions of car-centric development patterns and greater consideration around the location and sustainability of public infrastructure.

Under SB 237, municipal comprehensive plans would be required to include policies, statements, goals and planning components for climate change and resiliency.

“We’ve taken important steps to confront sea level rise and climate change in Delaware, but we must remain proactive and ensure our communities are well-equipped to tackle future climate challenges,” said Rep. Debra Heffernan, the House prime sponsor of SB 237 and chair of the House Natural Resources & Energy Committee. “Our towns and counties play a pivotal role in this effort, and by utilizing strategies from the Delaware Climate Action Plan, they can pave the way for a more sustainable and secure future for all Delawareans.”

County governments in Delaware and municipalities with 2,000 residents or more are required by law to complete a comprehensive plan every 10 years. Those plans typically lay out zoning designations and other guides for the future use of land, water, and other public resources, including transportation, affordable housing, economic development, and open space.

Most governments begin working on their next comprehensive plan two years before their scheduled completion. Kent County’s next comprehensive plan must be approved by 2028, while Sussex County’s is due for an update in 2029 and New Castle County’s comprehensive plan is next slated for revision in 2032.

The Senate’s passage of SB 237 follows the 2023 passage of measures that will reduce Delaware’s greenhouse gas emissions, expand the role of a key state agency at the center of state energy policy, expand the State of Delaware’s fleet of electric vehicles, continue state rebates for electric vehicle purchases, expand the state EV charging grid, and encourage commercial adoption of solar power.

SB 237 now heads to the Delaware House of Representatives for final consideration.

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