Georgetown, Del. — Sussex County is putting the brakes on public hearings for major subdivision applications after a newly signed state law threw the local land use approval process into uncertainty.
County officials announced Tuesday, July 14, 2026, that two cluster subdivision applications originally set to go before the Planning & Zoning Commission on Wednesday, July 15, may now qualify for automatic approval under the new law — meaning public hearings would no longer be required. The shift comes after the Delaware General Assembly passed Senate Bill 23, which Gov. Matt Meyer signed into law earlier this week. The legislation changes how development projects are reviewed, stripping away public hearings and testimony requirements in certain cases to speed up housing construction across the state.
Council President Douglas B. Hudson expressed strong concern over what the new law means for local government. “This year’s General Assembly session has brought about serious, fundamental concerns about the nature of government and local authority here in Delaware,” Hudson said. “With the implementation of SB23, the State has ripped away the public hearing process for certain types of residential applications, including major subdivisions, not just affordable housing developments. There are numerous questions about how we, and all local governments, are to proceed when it comes to the land use development process.”
Hudson said pausing the hearings is the responsible move while county staff and legal advisors work out a path forward. “With that in mind, we believe the prudent thing to do is to pause public hearings for major subdivision applications, so that County staff and our legal team can develop a new process that is in compliance with State law,” he said.
The County Council is expected to take up the issue, along with any ordinances that may be needed, at a future meeting.
