Sussex council, state planners discuss development

The state’s top planner said he’s encouraged to see Sussex County Council will take a hard look at land use, reconsidering laws that supercharged housing growth in recent years, and burdened infrastructure and services. 

Sussex County is the fastest-growing county by far in the state for the past five years, and much of the development has occurred in rural areas. That conflicts with the state's efforts to steer growth to locations that are already developed, and can more easily and cheaply support it.

David Edgell, director of the Office of State Planning Coordination, and two staff members gave a presentation about planning issues at a Feb. 25 county council meeting attended by the county’s planning & zoning commission.

“It appears that the newly elected county council has identified land use as a priority,” Edgell said Feb. 26. “Our meeting yesterday was a perfect example of their interest in learning about land use and planning issues, and the appointment of the working group is another positive sign.”

Edgell was named to a 10-member land-use working group established to study development issues and recommend amendments to county laws. County council would have to finalize any changes following public hearings.

“I am pleased to be included on the working group, and consider it a great opportunity to be a part of this conversation along with the other stakeholders,” Edgell said. “It is essential for the state and the county to work together on land-use issues due to our shared responsibilities regarding growth, development, infrastructure and services. I hope that we can accomplish a stronger partnership with the county on land-use planning moving forward.” 

The lack of development coordination has left the Delaware Department of Transportation, public schools, emergency services, healthcare providers and other groups scrambling to catch up.

The county’s zoning that encourages no more than two homes per acre has spurred construction of larger, more expensive homes that in many cases are priced out of reach of many local residents, state planners said Feb. 25. Developers have cleared farmland and forests to accommodate that construction, changing the character of large swaths of the county.

The state can set goals of where it wants to see development, but only the local governments can approve land-use plans, Edgell said.

His office created color-coded maps and a classification system to encourage where development occurs, based on locations of existing growth, schools, social services, water and sewer systems, roads and lands that are protected from development.

Level 1 and 2 areas are where there is already growth and development, such as towns and cities. Level 3 is suburban where there is development and infrastructure to support growth. Level 4 is primarily rural and agricultural areas. 

Sussex County has had far more growth than any other county in Level 4 areas, according to the Office of State Planning Coordination reports. 

“First of all, in Delaware, we have 60 local jurisdictions – three counties and 57 municipalities,” Edgell said at a Nov. 11 presentation to the Sussex Preservation Coalition at Lewes Public Library. “Sussex County is unique among those jurisdictions. There is development happening in Level 4 in Sussex County that is not consistent with Strategies for State Policies on Spending.”

“Sussex County is following its comprehensive plan, but not necessarily following the state strategies,” Edgell added. “That’s the way the process works now. Is that something we want to be talking with the county about? Absolutely yes.”

He had a chance to begin that conversation Feb. 25, his first with Sussex County Council since the November election swept three newcomers into office who had all campaigned for limiting growth to begin addressing development and its consequences. His previous presentation to council was in 2019.

Land use was an issue that all five council members cited as a priority for the year, prompting the creation of the working group.

During the Feb. 25 presentation and ensuing discussion, county officials related their own concerns about development.

Sewer service is the driving force in Sussex County housing development, and that is out of the control of local government, they said. The county is hamstrung because it can only expand sewer service where it is requested and cannot decide itself where sewers should be added, said Hans Medlarz, a county engineer. 

Council members also questioned whether state maps accurately reflect where development has occurred. They contend population figures for the county are too low, resulting in too little state investment in Sussex County for roads and other services. They also noted the inclusion of wetlands and inland bays in open space figures is misleading.

“The concern I’ve had and the opinion I’ve raised several times is the maps. Between your map and our map – our comp plan map and state strategies map – they don’t align, and we are continuously in conflict,” County Administrator Todd Lawson said.

The state is set to complete its strategies update this year; the county must update its comprehensive plan by 2028. The county comprehensive plan is eight years old, during which time there has been a housing boom.