DelawareSB 346153rd General Assembly (2024–2026)Senate

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO APPEALS TO THE ENVIRONMENTAL APPEALS BOARD.

Sponsored By: Bryan Townsend (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 1 costs, 2 mixed.

More appeal rights for underwater land permits

You can appeal a permit granted for land under water if it substantially affects your interests. The appeal goes to Delaware’s Environmental Appeals Board. You must appeal within 20 days after receiving the Secretary’s decision or after the decision is published. More generally, people whose interests are substantially affected can appeal Secretary decisions within that same period, except for excluded decisions.

Fewer appeal options for certain environmental decisions

The law bars Board appeals of the Secretary’s decisions about compliance with the federal Coastal Zone Management Act. It also bars most Board appeals of permit denials for state-owned land, including land under water. A state-land permit denial can be appealed only when discrimination is the sole claim. The applicant must claim different treatment from other applicants in similar circumstances.

Environmental appeal hearings get clearer evidence rules

Board appeal hearings are public, though members can discuss decisions in a closed session. Each voting member’s vote must appear in the written decision. A simple majority of Board members forms a quorum; overriding the Secretary requires a simple majority of members present. The appeal record must include the entire record presented to the Secretary. The Board can accept records emailed to the Secretary. Emails not involving the Secretary are excluded and need not be produced, except public comments sent by email. Parties can represent themselves or use a lawyer and present evidence; the Board can exclude irrelevant or repeated evidence. The person appealing must show that the record does not support the Secretary’s decision. The Board can uphold or reverse the decision, or send it back with instructions.

Environmental appeals get deadlines and default outcomes

Delaware’s Environmental Appeals Board must schedule a hearing within 30 days after receiving an appeal. It must finish the hearing within 120 days unless the parties agree otherwise. Both parties can request a pause in writing; the chair must state the pause length in a letter. The Board can announce its decision when the hearing ends. It must mail its written decision by certified mail within 60 days after the hearing ends. Missing the hearing deadline makes the Secretary’s decision final 121 days after the appeal arrives, subject to any allowed pause. Missing the written-decision deadline makes the Secretary’s decision final 61 days after the hearing ends. That final status also applies for further appeal under Delaware law.

Sponsors & Cosponsors

Sponsor

Bryan Townsend
Democratic • Senate

Cosponsors

Alonna Berry
Democratic • House
Ronald E. Gray
Republican • House
Cyndie Romer
Democratic • House

Roll Call Votes

All Roll Calls

Yes: 61 • No: 0

House vote • 6/30/2026

Passed (SM required)

Yes: 41 • No: 0

Senate vote • 6/18/2026