FOR IMMEDIATE RELEASE | June 10, 2026
Contact: Joe Edelen (302) 743-7013
DOVER – Today, the Senate unanimously passed Senate Bill 9, sponsored by Senator Stephanie Hansen, marking a pivotal step toward the creation of Delaware’s first comprehensive, combined wetlands preservation program.
Under SB 9, the statewide wetlands permitting program will strengthen protections for tidal and nontidal wetlands not fully covered by federal regulations, helping to preserve critical ecosystems that reduce flooding, improve water quality, and increase resilience to climate change.
“Now is the time for Delaware to enact protections that will preserve our vital wetlands – tidal and nontidal – for generations to come,” said Senator Hansen. “This legislation is the culmination of years of work and partnership, with stakeholders from across the state helping to shape a bold vision for comprehensive wetlands protections. By creating this regulatory program through DNREC, we will streamline the tidal and nontidal wetland permitting process and support the long-term health of Delaware’s wetlands, helping to mitigate the negative impacts of climate change.”
If passed, the Fiscal Year 2027 budget bill will fully fund SB 9, with $765,419 earmarked for the hiring of 12 additional full-time positions within the Department of Natural Resources and Environmental Control (DNREC). These positions will support the implementation and management of the State’s new nontidal wetlands program, expanding on DNREC’s existing responsibilities under its tidal wetlands program.
“Freshwater wetlands are critical for preventing flooding, providing habitat and capturing carbon, and Senate passage of the Wetlands Stewardship Act is a significant step toward protecting them in Delaware,” said DNREC Secretary Greg Patterson. “These new protections mean a new regulatory program in DNREC, and we have focused on making the permitting process simple and streamlined. A lot of people put in serious work to get here, and we were proud to have DNREC wetlands and regulatory experts heavily involved in the final product of Sen. Hansen’s years-long, multi-stakeholder process. What Sen. Hansen has done is a master class in good legislating.”
SB 9, also known as The Wetlands Stewardship Act, will close a regulatory gap for the protection of nontidal wetlands created by the U.S. Supreme Court’s 2023 Sackett v. EPA decision, which reduced federal oversight by narrowing the criteria for wetlands jurisdiction.
Negotiations on a tidal and nontidal wetlands program first began back in 1988, and since then, there have been numerous legislative attempts to create such a program.
In 2024, Senator Hansen convened the Freshwater Wetlands Working Group composed of stakeholders from the agricultural, business, environmental, and government sectors, which worked to craft a comprehensive proposal focused on the preservation, maintenance, and protection of the approximate 75,000 acres of unprotected nontidal wetlands in Delaware.
“Wetlands are one of Delaware’s most valuable natural resources. They help keep our water clean, protect our communities from flooding, and support diverse ecosystems that are important to both our environment and economy,” said Rep. Debra Heffernan, House prime sponsor of SB 9. “Creating a strong state-level program to protect tidal and nontidal wetlands will help preserve these spaces for future generations. I appreciate Sen. Hansen’s continued work on this issue and her leadership in bringing this legislation forward.”
Following its passage in the Senate, SB 9 has been delivered to the House of Representatives for further consideration.
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