Sussex County introduces ordinance to strengthen sediment control and limit disturbance for new development
Get AI-powered insights, summaries, and transcripts
Sign Up Free
Summary
Council introduced a multi‑chapter ordinance to tighten sediment capture practices, limit the amount of land that can be disturbed at one time, and clarify buffer rules. Engineering staff described a site scoring approach that uses slope, upstream drainage area and distance to tidal waters to determine when enhanced sediment controls are required.
Sussex County Council introduced on Oct. 21 a proposed ordinance that would amend multiple chapters of the county code to strengthen sediment control and stormwater management requirements for new development.
County engineering staff described the package as three primary changes: (1) an early‑stage, site scoring algorithm that identifies projects requiring enhanced sediment capture practices; (2) restrictions on the limit of disturbance and phasing so that large bare‑earth areas are not exposed at once; and (3) tighter rules on buffer averaging so sensitive areas are not concentrated. The scoring relies on inputs such as slope over a given distance, upstream drainage area and distance to tidal waters; those inputs are provided by applicants and reviewed by the county during preliminary conferences.
Hans Medlock of the engineering department told council the enhanced capture requirement would be determined at the preliminary conference so that applicants can incorporate the required practice in their design. Medlock clarified that the Sussex Conservation District remains the delegated agency for design review under state delegation, but the county retains the authority to select the sediment‑capture practice and to require reduced limits of disturbance and phasing. If a design submitted to the district does not meet the county—s selection, Medlock said the county would require resubmission.
The council read a long short title that amends chapters 90, 99, 110 and 115 of the Sussex County Code relating to sediment control and stormwater management and referred the ordinance to Planning & Zoning and county council public hearings. The short title was read by staff and Councilwoman Kornabaum introduced the ordinance for hearing. No final vote on the ordinance was taken at introduction; the item will return for public hearings and subsequent council action.
The ordinance text as introduced contains detailed scoring tables, definitions and procedural references to the preliminary conference and grading plan review. Council members and staff discussed how the scoring would apply across the county—s varied topography and clarified that many western Sussex sites do not trigger the enhanced‑capture thresholds, while low‑lying riparian and tidal areas would be more likely to do so.
Next steps: the ordinance will go to Planning & Zoning and be scheduled for public hearings; county staff will continue coordination with the Sussex Conservation District on the details of delegation and implementation.