3 decades in the making, Delaware lawmakers pass measure to protect state’s wetlands

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Delaware lawmakers passed legislation this week that aims to protect the state’s nontidal wetlands, also referred to as freshwater wetlands.

The move, more than three decades in the making, comes after President Donald Trump’s administration proposed to rescind Clean Water Act protections for certain waterways in favor of landowner rights last year.

The legislation, sponsored by state Sen. Stephanie Hansen, D-Middletown, will create a tiered permitting system for development based on how critical a nontidal wetland is.

There have been six failed legislative attempts to protect nontidal wetlands in Delaware since the late ‘80s. The latest move, previously met with skepticism from developers and farmers, now has support from environmentalists and landowners.

The measure, known as the Wetlands Stewardship Act, passed almost unanimously around 3 a.m. Wednesday during the last day of session at Legislative Hall in Dover.

“This morning marked a historic victory for the collective health of the approximately 300,000 acres of wetlands throughout the First State,” Hansen said in a statement. “As federal protections for our nontidal wetlands have waned, SB 9 will cover those gaps by expanding our existing regulatory framework to protect all of our wetlands – tidal and nontidal – and the wildlife that inhabit them.”

The legislation awaits a signature from Gov. Matt Meyer.

Hansen introduced similar legislation in 2024, after a U.S. Supreme Court decision in 2023 removed federal protections for wetlands that are either seasonal or aren’t connected to streams, lakes, rivers and oceans.

The Environmental Protection Agency has since proposed changes to the definition of “waters of the United States,” or WOTUS, which would codify the Supreme Court decision.

The move was a blow to Delaware, where more than half of wetlands are nontidal, meaning freshwater is found inland. Located near inland areas without tidal influxes of saltwater, nontidal wetlands can be found in several forms, like depressions, rivers and swamps.

Builders, developers and farming organizations said the federal decision would alleviate permitting and construction delays, and make the definition of WOTUS more clear and predictable.