Sussex County’s Land Use Reform Working Group has moved from concept to draft recommendations and expects to present prioritized, ordinance‑ready proposals to the county council later this year, County Administrator Todd Lawson told the council on July 15.

Lawson said the working group — a volunteer panel representing varied stakeholders — met multiple times and has produced “22 plus or minus” headline recommendations that will be consolidated and fleshed out in the group’s next meetings. He told council members staff plan to present detailed recommendations in a workshop so council can review draft ordinance language and prioritize items for immediate action versus longer‑term work.

Several council members expressed urgency that the county avoid a rush of developers filing applications to ‘get ahead’ of expected ordinance changes. Council members asked about options to reduce that risk, including the so‑called “pending ordinance” doctrine and moratoria. County Attorney Matthew Robertson (referred to in the meeting) and other staff cautioned that the county has not previously used the pending‑ordinance doctrine and that Delaware courts have not clearly defined when it takes effect — at introduction or at adoption — so reliance on it carries legal uncertainty.

Planning and zoning staff and the engineering department described administrative safeguards already in place to limit quick filings: large subdivision and major residential applications now require substantial supporting studies (forestry assessments, wetland studies, resource buffer management plans) and, for subdivisions greater than 50 units, a PLUS (Preliminary Land Use Service) pre‑review from state agencies before the county will accept an application. County Planning & Zoning Director and staff said those minimum information requirements make it impractical to prepare large, legally complete applications on short notice because the studies and interagency reviews take weeks to months to compile.

Council members indicated they favor a practical approach: prioritize clear, ordinance‑ready recommendations that can be adopted quickly and take effect on passage, while reserving more complex changes that would require time and comp‑plan work. Staff said they can return in about eight weeks with consolidated recommendations and legal options for how to handle applications submitted while ordinances are pending.

Why this matters: The working group’s recommendations could change how the county manages density, subdivision standards, and resource protections; council members want to balance rapid action on “low‑hanging fruit” with legal certainty and protections against applicants racing to file in advance of reforms.

No ordinance was adopted at the July 15 meeting; council asked staff and the county attorney to return with prioritized draft recommendations, timeline and legal guidance about limiting preemptive filings.