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Oppose state legislation to take away local control of zoning

June 6, 2025

Senate Bill 159 overturns Sussex County Council’s well-considered rejection of a permit for a power station that would have supported the US Wind offshore wind project. The state has long recognized in law that counties and towns are better suited to consider local zoning issues.

The bill is based on the false premise that the offshore wind project will solve the real concern that our regional electric grid is facing blackouts during peak demand periods as soon as this year. This power shortage has been caused by early closure of reliable base load power plants like our local Indian River facility. Reliable coal and natural gas fired generators have faced state and federal pressure from carbon taxes, regulations and huge mandates and subsidies for unreliable wind and solar projects. Efforts to pass Delaware legislation this year to end the carbon tax and freeze the wind and solar mandates were opposed by the very people pushing SB 159.

US Wind’s own construction plan forecasts one quarter of the project will not be generating power until 2029 with the rest not available until 2031. It is not a short term fix. We know from existing turbines most of the power is produced in the spring and fall when electric demand is lowest. In Texas, with about 20% of their power coming from wind and solar, during blackouts only about 2% of power came from those sources.

The US Wind project faces federal and state lawsuits, President Donald Trump’s executive orders to review highly questionable approved project permits and the recent U.S. House of Representative legislation to withdraw critical 30% investment tax credits. It is unlikely the project will ever be built.

Meanwhile, Sussex County Council followed its rules in denying the project. To pass a conditional-use permit must “promote the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of Sussex County, and the conditional use must be for the general convenience and welfare of the inhabitants of Sussex County.” The federal environmental impact statement states the project, jus 9 miles off our coast, will have a major negative impact on our ocean view, changing it from “pristine to developed with turbines dominating the view.” Several surveys indicate that will lead to lost tourism, one of Delaware’s largest industries, lost jobs and lower property values.

Former Gov. John Carney signed an agreement to receive payments from US Wind over a 20-year period. Those payments would be wiped out by the loss of just 1.5% of our tourist business in the project's first year. In addition, the EIS admits commercial fishing will abandon the lease area, radar interference will hurt civilian aircraft and shipping and national security, and there will be more vessel collisions. No wonder our survey of all 14,000 property owners within one mile of the beach found 86% opposed offshore wind. 

Sussex County Council considered all of these issues and made the right decision. The state needs to butt out!

David T. Stevenson is the director of the Center for Energy & Environment at the Caesar Rodney Institute.
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