Gov. Meyer Passes Bipartisan Freshwater Wetlands Protection Act

DELAWARE, Del. – Governor Matt Meyer signed Senate Bill (SB) 9 on Tuesday, establishing Delaware’s first comprehensive state program to protect freshwater wetlands and create a more predictable permitting process for landowners, farmers, and businesses.

SB 9 establishes a statewide framework for regulating 75,000 acres of nontidal wetlands, creates a Delaware Wetland Screening Tool for property owners and developers, and establishes a Wetlands Regulatory Advisory Committee to guide implementation. The bill was passed to fill regulatory gaps left behind by the Supreme Court’s narrowing of federal wetland protections in their 2023 decision in Sackett v. Environmental Protection Agency. 

“When Washington stepped back from protecting freshwater wetlands, Delaware stepped up,” said Governor Meyer. “This law protects one of our state’s natural treasures while giving farmers, builders, and businesses the certainty they need to invest with confidence — proof that we can protect our wetlands and keep Delaware’s economy moving forward.”

Wetlands help improve water quality, reduce flooding, and provide wildlife habitat. The newly signed legislation directs the Department of Natural Resources and Environmental Control to establish regulations that protect exceptional wetlands, reduce regulatory duplication and ensure no net loss of wetland acreage or function. It also establishes permitting timelines intended to provide greater predictability and regulatory efficiency for landowners and developers.