Nontidal wetlands could soon have state-level regulations

By Jay Shah

Published May 15, 2026 at 11:55 AM EDT

A dense Atlantic White Cedar swamp located within The Nature Conservancy in Delaware’s Middleford North Preserve in Sussex County. — An Atlantic White Cedar swamp located within The Nature Conservancy in Delaware’s Middleford North Preserve in Sussex County is one of the nontidal wetlands that SB 9 aims to regulate.

A 2011 study published by the U.S. Fish and Wildlife Service’s National Wetlands Inventory found that 25% of Delaware is wetlands. Some of those are considered freshwater or nontidal wetlands - and are located further inland.

Although they’re vital to the ecosystem, Delaware does not have any statewide regulations to protect these habitats.

A new bill aims to change that. Senate Bill 9 would fill gaps left by federal laws governing what humans can or can’t do in protected areas.

This week, Delaware Public Media’s Jay Shah sat down with the bill’s sponsor, State Senator Stephanie Hansen and Emily Knearl, Director of Public Policy at The Nature Conservancy to understand what this legislation would do and why it matters.

Senate Bill 9

State Sen. Stephanie Hansen and Emily Knearl of The Nature Conservancy helped DPM's Jay Shah break down how this bill will help protect Delaware's nontidal wetlands.

Additional Notes:

It is important to note that the negative impacts of lawn-maintenance chemicals has been widely reported on and can affect a wetland area even if they aren't sprayed directly next to or near one.

Since these chemicals through bioacumulation and biomagnification, wind, groundwater leaching and rainwater runoff can spread to Delaware's waterways, many of those connected to wetlands could affect that habitat's ecological balance.

Senate Bill 9 has passed the Senate Environment, Energy and Transportation committee with bipartisan support. Now it's in the Finance committee awaiting approval of its fiscal note, since Delaware law prohibits any program from being implemented without it having funding attached to it.

After it passes that committee, it will then go to the Senate floor, then pass through House and then sent to Gov. Matt Meyer to be signed. You can find the bill and follow its progress here.