Delaware

Leading efforts to further modernize statewide planning laws and implement smart growth practices in the First State are both the General Assembly and Gov. Ruth Ann Minner. In 1995 Delaware began to substantially update its comprehensive planning laws, making it one of 10 states that have undertaken such reforms.⁽¹⁾

Additional improvements were made last year with enactment of the governor's "Livable Delaware" initiative, including legislation⁽²⁾ that provides funding and technical assistance to municipalities to develop comprehensive plans. Measures addressing two other important planning issues — brownfields and historic preservation — also were enacted in 2001.

Five legislative proposals were signed into law last summer as part of Gov. Minner's Livable Delaware agenda. The first statute⁽³⁾ establishes a Governor's Advisory Council on Planning Coordination. Chaired by Lt. Governor John Carney, the council is charged with developing "accurate, fair, graduated impact fees"⁽⁴⁾ to discourage sprawl. The proposed fees are to be submitted to the General Assembly by January 2002.

The council, which includes representatives of local governments, homebuilders, agriculture, and civic associations, also will assist the Governor in identifying and addressing current and future state development and land use issues, and will recommend legislation, policies, and tools that support the Livable Delaware initiative.

Last March Gov. Minner also issued an executive order⁽⁵⁾ requiring all state agencies and departments to develop measures for Fiscal Year 2003 that would implement recommendations curbing sprawl outlined in the 1999 state report, Shaping Delaware's Future: Managing Growth in the 21st Century.⁽⁶⁾

And with creation of the Realty Transfer Tax for Conservation Trust Fund,⁽⁷⁾ also in 2001, the state's formula for funding the acquisition and maintenance of open space has changed significantly. Delaware now will provide $9 million annually for the next 18 years for the purchase and stewardship of undeveloped land.

Another new law enacted in 2001 provides up to $1 million a year in matching grants for environmental assessment and remediation of brownfields. The measure⁽⁸⁾ also encourages infill by standardizing the definition of brownfield for the purposes of certain tax credits.

Although not part of the governor's Livable Delaware agenda, the Historic Preservation Tax Credit Act⁽⁹⁾ was signed in February 2001. The measure places the state among 15 others that offer tax credits to those who restore or rehabilitate historic properties. Income-producing as well as owner-occupied historic properties may qualify for the credit.

Another bill, taken up in 2001 by the Senate Community/County Affairs Committee⁽¹⁰⁾ but not approved by the General Assembly, would require the development of zones wherein counties and municipalities would develop joint plans. The legislation also provides for notice of proposed land-use action by either the county or municipality.

Delaware began its smart growth efforts in December 1994 when the Cabinet Committee on State Planning Issues sponsored the conference, Shaping Delaware's Future.⁽¹¹⁾ The program reached the public and private sectors in an effort to develop a 25-year statewide vision.⁽¹²⁾ Several major consequences of failing to coordinate growth and development were identified, including loss of community character and identity, continued decline of older cities, growing separation between cities and suburbs, adverse effects on older suburban areas, adverse effects on natural resources, and loss of productive farmland.⁽¹³⁾ One important aspect of the program was public involvement.⁽¹⁴⁾

The following year the report, Shaping Delaware's Future, was released.⁽¹⁵⁾ To better plan for an expect population increase of 180,000 and for a possible loss of 125,000 acres in open space by 2020, the report recommended 10 development goals.⁽¹⁶⁾ Following the release of the report, the governor established by executive order a State Planning Citizen's Advisory Panel and an Advisory Panel on Intergovernmental Planning and Coordination.⁽¹⁷⁾ That same month, the Shaping Delaware's Future Act was introduced and signed into law three months later.⁽¹⁸⁾ The act requires, among other things, that the counties submit comprehensive land-use plans to the Office of State Planning Coordination.⁽¹⁹⁾

Footnotes

1. Meck, Stuart. "An Ever-Changing Landscape." Planning Communities for the 21st Century. American Planning Association, December 1999, p. 5.

2. H.B. 255 (Comprehensive Plans and Annexation).

3. S.B. 105 (Planning Coordination).

4. H.B. 235 (Graduated Impact Fees).

5. See: http://www.state.de.us/governor/executive_orders/2001/eo014.htm.

6. See: http://www.state.de.us/planning/livedel.

7. H.B. 192 (Realty Transfer Tax for Conservation Trust Fund).

8. S.B. 183 (Brownfields Development).

9. H.B. 1 (Historic Preservation Tax Credit Act).

10. S.B. 90 (Intergovernmental Coordination Zone Act).

11. Shaping Delaware's Future, newsletter of the Delaware Cabinet Committee on State Planning Issues, Feb. 17, 1995.

12. Id.

13. Id.

14. Id. Interactive open houses were scheduled to keep the dialogue going. Id.

15. Shaping Delaware's Future, newsletter of the Delaware Cabinet Committee on State Planning Issues, April 1995.

16. (1) Directing state investment and future development to existing communities, urban concentrations, and designated growth areas; (2) protecting important farmland from ill-advised development; (3) protecting critical natural resource areas from ill-advised development; (4) developing methods for assessing the fiscal impact and cost-benefit analysis of development for use by both state and local governments when considering land-use policies and infrastructure investment; (5) streamlining regulatory processes and providing flexible incentives and disincentives to encourage growth in desired areas; (6) encouraging redevelopment and improving livability of existing communities and urban areas, and guiding new employment into underused commercial and industrial sites; (7) providing high quality employment opportunities for citizens with various skill levels, and attracting and retaining a diverse economic base; (8) protecting the state's water supplies, open spaces, farmlands, and communities by encouraging revitalization of existing water and wastewater systems and the construction of new systems; (9) promoting mobility for people and goods through a balanced, multi-modal transportation system; and (10) providing access to educational opportunities and health care for all Delawareans. Id at 8-15.

17. Executive Order No. 29.

18. 70 Delaware Laws 270 (1995).

19. Id.