State should exercise power on land use

The following letter was submitted as public comment on the Delaware Clean Water Trust Strategic Plan 2023-27 with a copy provided to the Cape Gazette for publication. 

The introduction to the strategic plan recognizes how vital clean water is to every aspect of life and provides the premise for comprehensive and immediate state action: “Delaware’s economic vitality is dependent on maintaining and improving the state’s water and wastewater systems and protecting and enhancing the state’s water resources and natural infrastructure. Water and natural infrastructure are the foundation for a healthy population and environment needed to sustain a high quality of life for residents, healthy habitats, as well as an attraction for tourism, employers and workers.”

No one could reasonably disagree with this premise, and the need for state action and oversight of all governmental entities involved. It is also likely the public will agree with most, if not all, of the proposed initiatives set forth in the plan that are designed to accomplish the plan’s vision statement and goals, as well as ensure that the above premise is understood and accepted as reality. Where the strategic plan misses the mark, however, is failing to address the confusion, if not dysfunction, of how the state implements its clean water initiatives in the context of local land-use regulation and decision-making.  

The state has the power to correct the current dysfunctional, inconsistent approach to environmental regulation, to include water protection. The “home rule” powers given the local governments, particularly in the land-use area, are a creature of statute. These statutes can be clarified or amended by the state Legislature. The state Legislature should examine how the state can better accomplish its environmental and water protection goals and mandates, and make the necessary changes to the home rule statutes to bring the local governments in alignment with these goals and mandates. The state legislators and senior officials in the executive branch are all subject to the oath of office contained in Article XIV of Delaware’s Constitution and are thereby required to place the public interest above any special or personal interest. Without these needed legislative changes, the strategic plan will not be as effective as it could be in achieving its purpose.  

A good example of a local land-use matter presenting environmental and clean water issues that warrant state attention is an application currently pending before the Sussex County Planning & Zoning Commission. In CU2360, the applicant seeks to build and operate a gas station, convenience store and car wash on land zoned AR-1 and located in an environmentally sensitive area given its proximity to a wellhead protection area, Sarah Run, a stream that empties into Rehoboth Bay, and nearby land recently purchased by the county for land preservation and drinking water protection purposes. There is much public opposition to this application. The state should oppose it as well.