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Legislation seeks to add affordable housing

County, municipal comprehensive plans required to increase inventory 20%
April 24, 2026

The Housing for Every Delawarean Act introduced April 21 would require municipalities and counties to set aside 20% of their housing inventory for affordable housing.

Senate Bill 23, sponsored by Sen. Russ Huxtable, D-Lewes, with support from Rep. Alonna Berry, D-Milton, aims to increase the supply of affordable housing in the state, requiring municipalities with more than 2,000 residents and counties to amend their comprehensive plans. 

Under the bill, the plan would have to include four elements for increasing housing diversity and production, including creation of transit-oriented development zoning designations with significant increases in density along fixed transportation routes, including buses, trains and other means of public transportation.

Transit-oriented development zoning designations must include the reduction or elimination of minimum parking requirements for residential developments located within a quarter-mile of a transit stop, near a designated town center or a mixed-use zoning district.

The bill singles out Sussex County to amend its official zoning maps within 12 months of adopting its comprehensive plan, and allow it to be done administratively.

Administrative rezoning under this subsection satisfies all hearing and notice requirements otherwise required for zoning and rezoning under this title if a public hearing was held in connection with the adoption or revision of the county comprehensive plan,” the bill states.

Plans would be approved by the Delaware State Housing Authority, and would have the force of law once they are incorporated into a jurisdiction’s comprehensive plan.

If a municipality or county comprehensive plan is found inconsistent with state development policies, the bill says the state is not obligated to provide financial assistance or infrastructure improvements to support land use or development actions.

The bill awaits action in the Senate Housing & Land Use Committee, and it would need two-thirds approval by the General Assembly since it would amend the charter of one or more incorporated municipalities.

 

Melissa Steele is a staff writer covering the state Legislature, government and police. Her newspaper career spans more than 30 years and includes working for the Delaware State News, Burlington County Times, The News Journal, Dover Post and Milford Beacon before coming to the Cape Gazette in 2012. Her work has received numerous awards, most notably a Pulitzer Prize-adjudicated investigative piece, and a runner-up for the MDDC James S. Keat Freedom of Information Award.