DelawareSS 2 for SB 23153rd General Assembly (2024–2026)Senate

AN ACT TO AMEND TITLE 9, TITLE 22, AND TITLE 29 OF THE DELAWARE CODE RELATING TO HOUSING SUPPLY AND HOUSING AFFORDABILITY.

Sponsored By: Russell Huxtable (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 3 benefits, 1 costs, 2 mixed.

Larger towns must plan for resilience

Beginning November 15, 2026, municipalities with more than 2,000 people must include climate change and resilience in comprehensive plans. This requirement applies when appropriate for the municipality’s size and character. It does not provide a household payment or direct service.

Local housing plans allow more choices

Required housing plans must set goals and timelines for more homes at all income levels and describe existing or planned efforts. They must increase allowed density, allow varied housing types without special-use permits, and review limits on building size and placement. Housing types include duplexes, triplexes, apartments, accessory homes, and manufactured homes. Plans must choose at least 5 of 11 strategies, such as density bonuses, faster permits, fee relief, or reduced parking requirements. Unlisted strategies need state housing authority approval; work completed or significantly and measurably advanced since July 17, 2024, can count. The Delaware State Housing Authority must provide help carrying out plans when local governments request it.

Local plans target more affordable homes

Counties and municipalities with more than 2,000 people must include affordable housing plans in their comprehensive plans. Plans must aim for measurable progress toward making 20% of all homes affordable and increasing housing variety. Affordable rentals serve households earning up to 80% of area median income; ownership homes serve households earning up to 120%. These income measures use annual federal housing figures for household size and location. Local governments must develop plans with the Delaware State Housing Authority through an open, inclusive process. Plans accompany the next comprehensive plan and later plans. Jurisdictions adopting their next plan before February 1, 2027, can delay initial housing-plan requirements until their next five-year review. These targets do not give households a housing payment or guaranteed home.

Conflicting county plans risk state support

Delaware is not required to provide money or infrastructure improvements supporting county land-use or development actions. This applies when an adopted county plan, or part of it, is found substantially inconsistent with state development policies. Those policies include affordable housing. The rule does not require residents to make a direct payment.

County development follows maps and timelines

County comprehensive plans must include policy recommendations and timelines for carrying out the plan and its parts. When plan conformity is required, land-use regulations need only match the relevant plan maps. Permits, land-use orders, and zoning changes must also follow county rules carrying out other plan elements. Kent and Sussex counties must update zoning to match growth timing when their plans set growth rates for specific areas. The Governor reviews and certifies local plans; jurisdictions have 45 days to revise and resubmit plans returned as inconsistent.

Housing approvals streamlined, public hearings limited

Residential projects already allowed by local zoning must receive administrative review and approval. Additional review can check only compliance with objective rules. Public meetings are allowed, but they cannot be public hearings, and comments must be written. These rules override conflicting hearing requirements, but hearings for Board of Adjustment appeals remain allowed.

Sponsors & Cosponsors

Sponsor

Russell Huxtable
Democratic • Senate

Cosponsors

Alonna Berry
Democratic • House
Stephanie T. Bolden
Democratic • House
Nnamdi O. Chukwuocha
Democratic • House
Franklin D. Cooke
Democratic • House
Krista Griffith
Democratic • House
Kevin S Hensley
Republican • House
Kyra L. Hoffner
Democratic • Senate
Kendra Johnson
Democratic • House
Larry Lambert
Democratic • House
S. Elizabeth Lockman
Democratic • Senate
Michael F. Smith
Republican • House
Josue O Ortega
Democratic • House
David P. Sokola
Democratic • Senate
Laura V. Sturgeon
Democratic • Senate
Bryan Townsend
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 43 • No: 17

House vote • 6/23/2026

Passed (2/3 required)

Yes: 29 • No: 11

Senate vote • 6/11/2026