Throughout the ’80s and ’90s, agencies were organized to deal with the increasingly complex issues related to land management in Delaware. As a result, one key opportunity for members of the public to participate in land-use decisions was the formation of the Preliminary Land-Use Service. PLUS operates out of the Office of State Planning Coordination. Its mission is to help coordinate the work of state agencies and project developers before major land-use changes come before local governments. Importantly for the public at large, its work is transparent and readily available, online and by direct contact. It’s the one chance the state offers the public to assess the scope and characteristics of large-scale land-use proposals well in advance of public hearings on the matter.
Right now, a bill is making its way through the General Assembly that, if passed, will begin unraveling this invaluable service. According to HB104, an economic development project creating full-time jobs, consistent with local comprehensive plans and ordinances, and located at least partially in State Investment Levels 1 or 2 will no longer have to go through PLUS.
At first glance, the effect on job creation in the state might make this seem a sound proposal. But note that the wording of HB104 means the exemption would apply if any part of a proposed project falls within Investment Levels 1 or 2. In effect, that leaves every one of the four investment levels open to development without the benefit of PLUS review. It’s difficult to understand how our legislators can support such a bill. And, because the official summary of the bill oddly makes no mention of the “located at least partially” aspect of the exemption, it’s difficult to believe the public understands the bill either.
HB104 would put an end to any effective public participation in major land-use decision making. There is often little time between the announcement of a public hearing on applications for large-scale land use and the hearing itself. Without PLUS and the public inquiry afforded well in advance of these hearings, opportunity for the public to think and respond sensibly will be reduced to minuscule at best.
On April 6, the House passed HB104. Starting April 25, the Senate Housing and Land-Use Committee will have the option to take up the bill. I urge the committee in the strongest terms to not let this flawed bill go any further. The Senate can stop this right now.
If HB104 is only the beginning of a PLUS pullback, or even elimination, I urge everyone to look at another bill now before the House Economic Development/Banking/Insurance & Commerce Committee. With respect to several aspects of new development planning, HB101 would bypass DelDOT and DNREC review. Instead, private consultants would do reviews and be paid by the developers! It’s another example of how some elements in our government are growing more willing to relinquish control of increasingly complex issues related to land management.
I urge everyone to contact their state representatives and demand a second, disapproving look at HB104.
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