Sussex County Council Prepares Rules to Fit New State Development Laws
County Administrator Todd Lawson expects a draft ordinance for Council vote by year's end, altering how subdivision applications are processed under House Bill 450 and Senate Bill 23.
By Carmen Wojcik ·
Sussex County Council is adjusting its administrative procedures to align with two new state laws that alter the development approval process. County Administrator Todd Lawson stated that a draft ordinance containing the necessary changes is expected to be presented for a Council vote by the end of 2026.
The legislative shift stems from House Bill 450 and Senate Bill 23. These statutes eliminate the requirement for a public hearing for new subdivisions, provided the projects meet current zoning requirements. The rules apply specifically to County owned land, though municipalities sometimes coordinate with the County to enact similar standards.
Lawson explained that the new state rules also impact the County's comprehensive plan. Staff must develop new procedures for handling applications to ensure compliance. A primary focus is establishing a method for receiving and analyzing written public comments, which now replace oral testimony in many cases.
"We now have to come up with a procedure on how to receive those written comments, when to receive them, and how to analyze them. If they are to be used for the commission's review," Lawson said. Past public criticism has noted that the County occasionally labeled opposing written comments as neutral. The new process aims to clarify how these inputs influence the commission's decisions.
Assistant County Attorney Vince Robertson noted that the new laws may increase coordination between the County and local towns. Robertson observed that while municipalities are at different stages of their ten-year comprehensive plan updates, all are now addressing the requirements of SB 23 and HB 450.
"I think there will be a higher level of coordination with the towns," Robertson said. He added that conversations with local officials indicate a shared effort to align procedural updates across jurisdictions.
Beyond the application process, the Council is reviewing potential additions to Chapter 99, Objective Standards, of the Sussex County code. Proposed requirements for future subdivisions include pedestrian connectivity, a memorandum of understanding with DelDOT, standardized construction times, and school bus stops with pull offs. Nine other potential standards are currently under consideration for inclusion in the new ordinance.
