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Warner Grant bill signed into law

Coalition celebrates win to preserve Cape Henlopen State Park
September 28, 2023

A bill passed last legislative session to protect Cape Henlopen State Park from commercial development was unceremoniously signed into law Sept. 21 by Gov. John Carney, but a coalition group formed to preserve the park is happy with the win.

The legislation is a direct result of the Preserve Our Park Coalition’s work to protect the park and reject the proposal to build a restaurant and bar in Cape Henlopen State Park, said coalition President Christine Besche.

“For the thousand people who came to Cape Henlopen High School on a cold night in early December to protest DNREC’s plan to build a bar/restaurant on a dune at Cape Henlopen, passage of [Senate Bill 6] is a sigh of relief. It updates and strengthens protections against commercial development at Cape Henlopen State Park,” Besche said in a press release.

Unlike other bills signed in recent months, there was no announcement that Carney would be signing the bill into law. Up until Sept. 25, the Delaware Legislature website showed that the bill had not yet been signed.

SB 6, sponsored by Sen. Russ Huxtable, D-Lewes, unanimously passed through the General Assembly at the end of June after months of protest by the coalition of a state plan that would have allowed a restaurant to operate at Cape Henlopen State Park near the Hawk Watch.

The state withdrew the plan, and the bill was passed, with no opposition, to reaffirm administration of the park under the centuries-old Warner Grant created to protect the land for public use.

According to the bill, the act makes clear that the Delaware Department of Natural Resources and Environmental Control, as trustee of the Warner Grant Trust Lands, must administer the lands for the public benefit, adhering to the governing priorities of conservation, nature education and public recreation.

Sally Boswell, member of the coalition, which formed after news broke that the state had plans to allow a local restaurant group to build and operate a restaurant in the park, said the coalition had been closely watching the bill after the General Assembly unanimously passed it.

"The coalition is grateful to Sen. Huxtable for sponsoring a bill reaffirming the General Assembly's commitment to its 350-year-old obligation under the Warner Grant to protect Cape Henlopen State Park today and for future generations," she said.

 

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