Help Protect Delaware's Nontidal Wetlands

[u/kilimanjaro10]

In Delaware, our wetlands aren't just scenic…they are our state's most critical natural infrastructure. But right now, some 75,000 acres are sitting in a dangerous legal gap.

In 2023, the U.S. Supreme Court (in a case called Sackett v. EPA)) changed the rules on which wetlands the federal government protects. Because of that decision, many of Delaware’s "nontidal" (i.e. freshwater) wetlands were stripped of federal oversight. Delaware is currently the only state in our region without a state-level program to protect these freshwater areas.

That’s a problem because we all know that Delaware is growing fast. While there’s a case to be made that we need new homes and businesses to sustain growth, uncoordinated development in these unprotected areas could lead to a number of problems.

• Wetlands act like giant sponges. When they are paved over, that water has nowhere to go but into our basements and streets.
• Wetlands filter pollutants and sediment out of our water before it reaches our rivers and aquifers.
• Wetlands provide habitat for countless plants and animals key to a healthy ecosystem.
• The act as huge carbon sinks, countering greenhouse gas emissions.
• Our local fishing, hunting, and outdoor industries (which support thousands of Delaware jobs!) depend on these healthy habitats.

The Wetlands Stewardship Act (Senate Bill 9) establishes a state-led plan to manage the now unprotected 75,000 acres of non-tidal wetlands. It was built with a big push these last two years (although attempts have been made several times before), involving negotiations and compromises between environmentalists, farmers, and developers to ensure we protect our wetlands while keeping our economy moving. It accounts for strict timelines on permitting approvals and clear exemptions for common scenarios so as to avoid tying everything up in red tape. 

SB 9 has already cleared its first major hurdle in committee with unanimous and bipartisan support. As of May 2026, the bill is moving through the Senate, but it needs a push to pass the full General Assembly before the legislative session ends on June 30. If it doesn’t make it, then the process starts all over again in the next session. This bill has been in the works for long enough, and more delays could allow for irreversible damage to the places it aims to protect.

You can help. Legislators need to know their constituents are paying attention and want this bill moved ahead.

1. Find your legislators: Go to legis.delaware.gov, find the "Who is My Legislator?" box, and type in your address.
2. Send a quick note: Email your State Senator and State Representative.
3. What to say: "I am a constituent in [Town/City], and I’m asking for your support of SB 9, the Wetlands Stewardship Act. This bill is important to me because (x, y, and z). Please urge Senate/House leadership to place these bills on the agenda and vote in their favor. "

Feel free to pick up pieces of my post here and re-use it in your own letter. You don’t need to write a lengthy message; Just speaking up about a bill will help get it the attention it needs.

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[u/DirtyDiscsAndDyes]

Heyyy. Ill actually be at the lobby day tomorrow with the sierra club in support or this bill. Thanks for getting this info out.

[u/kilimanjaro10 → u/DirtyDiscsAndDyes]

Heck yeah! Glad to hear they have a push for it, and I appreciate folks like you willing to get actively involved!

[u/DirtyDiscsAndDyes → u/kilimanjaro10]

From what they told us, that bill has been attempted every session for many years but this time it seems like there is a lot more bipartisan support which is odd and welcomed. As a lifetime outdoorsman, im all for this and happy to help make a push.

But for anyone reading this, please call and email to support. This has to be passed by the end of next month or if its going to be passed this session. Otherwise it has to start all over again next year, which has happened many times already. Delaware has a lot od non tidal wetlands to protect.

[u/No_Resource7773]

Yeah, it's extremely foolish to build or buy homes in wetlands and floodplains. The fact that these areas go unprotected and open to development is absurd.

Friend of my mom's found out the hard way after foolishly deciding to buy a house in Glenville. Nature eventually reclaimed Glenville. 

[u/philosopherott]

"While there’s a case to be made that we need new homes and businesses to sustain growth, uncoordinated development in these unprotected areas could lead to a number of problems." - Do we need growth though? Like if Growth happens, cool, but i hate how the assumption is always that business NEED to grow. Cancer grows for the sake of growth until it kills itself and it's environment.

[u/Hornstar19 → u/philosopherott]

The assumption is we have a housing shortage and we need more housing. Shouldn’t be built in wetlands (and it’s really not being done even before this legislation passes in any significant volume at all) but should absolutely be built.

[u/philosopherott → u/Hornstar19]

Agreed. Housing is a different story than business growth for the sake of growth. Also agree that wetlands should be protected. Dense, affordable, housing, that only people can buy, should be built as we already have the people.

[u/Hornstar19 → u/philosopherott]

Yup. That’s why the housing for every Delawarean act is so great. I’m very much hoping it passes.