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Bill threatens Sussex’s zoning authority

May 30, 2025

A critical public hearing is happening at 1 p.m., Monday, June 2, as the Delaware Senate Energy Committee considers Senate Bill 159, a bill that would override Sussex County Council’s lawful decision to deny a conditional-use permit for the US Wind substation.

What’s at stake:

  • Home rule and zoning rights – Zoning authority in Delaware has long rested with county and municipal governments. SB 159 is a targeted attempt to reverse a legal decision Sussex County already made, setting a dangerous precedent
  • Judicial overreach: US Wind has already appealed the denial to Delaware Superior Court. This bill would short-circuit that legal process
  • No local benefit: Sussex County determined the project would burden local taxpayers without delivering benefits. Local governments in Maryland (where this project is based) also rejected US Wind’s proposals, including their “onshoring” cable plans. While Maryland ratified the offshore project itself, they declined to bear the local impacts. So why is Delaware being asked to accommodate them?

This is not about offshore wind in general. It’s about preserving Sussex County’s right to determine what gets built in its communities.

David T. Stevenson
Center for Energy & Environmental Policy
Caesar Rodney Institute
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