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Sussex County considering forest preservation ordinance

Sussex County Council discusses an ordinance that would protect trees and forest land, a Land Use Reform Working Group recommendation.

The working group called for County enforced Forest Preservation rules, specifically 50% forest retention requirements for any projects in areas not designated as “growth areas”.

It also seeks to refine the definition of “forest” to protect older trees and prioritize ecological value over tree count.

County Council discussion focused on sample language the group produced, which gave County staff a head start on crafting a proposal.

The County proposed version added a requirement for all developments where forests exist to assess the forest condition through a Forest Stand Delineation, which Sussex staff says will aid County decisions on developments.

“It includes an accurate depiction of species, composition, age, condition, location, acreage, and the location of the 100-year flood plain existing on the property. So, quite a level of detail that doesn’t exist today, and certainly a level of detail that will help in our review.” said Sussex County Administrator Todd Lawson.

Another County addition would require developers to plant trees as part of their projects, which would vary depending on if the development is in an area designated as "growth" or "rural".

  • Growth area: 1 tree per 10,000 square feet if the development is residential, 1 tree per 5,000 square feet if its non-residential.
  • Rural: 2 trees per 5,000 square feet if the development is residential, 1 tree per 3,000 square feet if its non-residential.

Councilwoman Jane Gruenebaum commented that natural forests offer human health value, and act as a natural flood mitigation tool - especially vital in coastal communities.

“Preservation of forests is not about Bambi. It’s not about looking pretty. It really has hard, factual reasons- that the lowest lying state in the country should have forest protection. It’s outrageous that we haven’t up until this point” she said.

County Council Vice President john Rieley, while largely agreeing with Gruenebaum, also noted,

"At the same time, if you own a piece of property, you shouldn't be in dread that you can't use that piece of property simply because there's some trees there"

Council identified this as a working group recommendation it can adopt quickly and will revisit the ordinance during its April 21st for potential introduction and vote.

Isreal joined Delaware Public Media in July 2025.
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