On July 21, Delaware Governor Matt Meyer signed into law a bill that establishes the state’s first comprehensive program to protect freshwater wetlands. The program is designed to fill regulatory gaps created by the U.S. Supreme Court’s 2023 decision in Sackett v. Environmental Protection Agency that narrowed the scope of federal wetlands regulation.
The legislation directs the Delaware Department of Natural Resources & Environmental Control to establish regulations for protecting exceptional wetlands, reduce regulatory duplication, and ensure no net loss of wetland acreage or function. Other important aspects of the bill include the establishment of a Delaware Wetland Screening Tool to help determine whether a property contains regulated wetlands, along with permitting timelines intended to provide greater predictability and regulatory efficiency for landowners and developers.
The bill was developed using a collaborative approach with a broad coalition, including the Delaware Farm Bureau, Delaware Home Builders Association, Delaware Realtors Association, Sierra Club, Ducks Unlimited, Delaware Nature Society, The Nature Conservancy, and other organizations.
