Public participation is one of the foundations of good government. Whether it comes through public hearings, public notices or opportunities to comment on proposed legislation, citizens deserve a seat at the table when decisions are being made. That is why we are concerned about the General Assembly's recent passage of SB 23, the Housing for Every Delawarean Act, and its potential to eliminate the requirement for public hearings on certain residential development applications.

There is no question that Delaware faces a housing challenge. Rising costs have made it difficult for many people to find affordable places to live. We support efforts to increase the supply of housing and create more affordable options throughout the state.

However, meeting those goals should not come at the expense of transparency and public involvement. And with the vast majority of land in Sussex County zoned AR-1, agricultural-residential, approvals for code-compliant projects would only require an administrative review under this bill. 

Public hearings provide residents with 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 government should be increasing transparency, not stifling public participation.

A recent example from Legislative Hall demonstrates the importance of preserving public access to government. House Bill 321 would have eliminated the long-standing requirement that proposed constitutional amendments be publicly advertised in newspapers. Instead, notices would have been posted only on government websites. Following criticism, the bill's sponsor reportedly withdrew the measure from consideration.

That was the right decision.

The debate surrounding HB 321 was about ensuring that citizens are informed and have access to the governmental process. Reducing public notice requirements may appear efficient on paper, but it risks leaving many Delawareans unaware of important issues.

But transparency isn't our only concern with Senate Bill 23. The bill started with a 20% requirement for affordable housing in municipalities with a full-time population greater than 2,000, but it was amended to make it merely a suggestion. If the goal is create more affordable housing, a heavy-handed approach is needed.  

Due to this and the change to public hearing rules, we believe this bill falls short.