Delaware — A new legislative proposal seeks to restrict county powers to deny conditional use permits for electric substations connected to large-scale renewable energy projects. Senate Bill 159, proposes that counties must approve permit applications for substations on unincorporated land when specific criteria are met. These include support for renewable energy generation projects of at least 250 megawatts, location within heavy industrial zones, and placement in districts where substations are permitted as conditional uses.
The bill would apply retroactively to qualifying applications filed since August 8, 2023, effectively overriding prior denials. One example is US Wind’s substation application in Sussex County, which met these conditions but was rejected last year. Additionally, the bill would prohibit counties from altering zoning regulations to block similar projects in the future, ensuring consistent approval for qualifying renewable energy infrastructure. Senate Bill 159 has been referred to the Senate Environment, Energy and Transportation Committee for further review.
