The consequences of Delaware's new housing law became apparent almost immediately. Days after Gov. Matt Meyer signed Senate Bill 23 into law, Sussex County canceled two public hearings for major residential subdivisions.
The county says its action was a direct response to the new law, which Council President Doug Hudson said, “has left in question the process of development approvals and local control.”
Senate Bill 23 is also known as the Housing for Every Delawarean Act. It was championed by Sen. Russ Huxtable, D-Lewes, with sponsorship support from Rep. Alonna Berry, D-Milton, among others.
The intent is to increase the state’s housing supply, with an emphasis on adding affordable housing. The goal is to cut through the red tape and speed up approvals.
But as part of the new law, public hearings are not required for residential applications that are "by right," meaning the project meets the minimum zoning requirements for where it is proposed to be built.
In enacting this law, state officials and the governor have stripped away the public’s ability to provide input on matters that may directly affect their lives.
Public hearings provide residents an opportunity to learn about proposed developments, ask questions and raise concerns about issues. Just as importantly, they allow elected officials and planning bodies to hear directly from the people who will live with the consequences of their decisions.
The issue isn't whether by-right projects should ultimately be approved. In most cases, they must be. The issue is whether the public deserves advance notice and a chance to hear about developments that may reshape their neighborhoods.
Sussex County must now figure out a new approval process. Will by-right applications require a formal vote by the planning & zoning commission? Or will that be taken care of with a stamp in the county offices? While public hearings are preferred, major subdivisions should be voted on in a public setting. At the very least, a public vote provides residents with notice that something is happening before bulldozers show up in the neighborhood.
Editorials are considered and written by Cape Gazette Editorial Board members, including Publisher Chris Rausch, Editor Jen Ellingsworth, News Editor Nick Roth and reporter Chris Flood.





