A Historic Victory for Delaware’s Freshwater Wetlands
After decades of advocacy, collaboration, and persistence, Delaware is on the verge of achieving one of the most significant conservation milestones in state history. The Delaware General Assembly has passed Senate Bill 9, the Wetlands Stewardship Act, landmark legislation that will provide long awaited protections for Delaware’s freshwater wetlands. The bill now awaits the governor’s signature.
For Delaware Nature Society (DelNature), this moment represents the culmination of decades of work. Protecting Delaware’s freshwater, or nontidal, wetlands has long been a legislative priority for DelNature. Since 1988, seven major attempts were made to establish statewide protections. While each effort advanced the conversation, none succeeded until now. This year, that changed.
The Wetlands Stewardship Act passed the Senate and three legislative committees unanimously before receiving overwhelming bipartisan support in the House with a 39 to 1 vote.
Why Freshwater Wetlands Matter
Freshwater wetlands are among Delaware’s most valuable natural resources, even though many people rarely notice them.
These landscapes absorb and store stormwater, helping reduce flooding during heavy rains. They filter pollutants before they reach rivers, streams, and drinking water supplies. They provide critical habitat for wildlife, store carbon, and strengthen Delaware’s resilience to climate change.
As development continues across the state, especially in southern Delaware, protecting these wetlands has become increasingly important. The legislation also advances goals identified in Delaware’s Climate Action Plan, Wildlife Action Plan, and Clean Water for Delaware Act.
A Collaborative Path Forward
The passage of Senate Bill 9 reflects years of collaboration among diverse stakeholders.
DelNature recognizes Senator Stephanie Hansen for leading a two year stakeholder process that brought together representatives from agriculture, development, real estate, state agencies, conservation organizations, and many others. Through thoughtful leadership and a commitment to finding common ground, the group developed legislation that balances environmental protection with the needs of landowners and communities.
Throughout the process, DelNature participated in nearly every stakeholder and legislative meeting, advocating for science based protections and emphasizing the critical role wetlands play in protecting clean water, reducing flooding, supporting wildlife, and storing carbon.
What the Wetlands Stewardship Act Does
The new law will strengthen Delaware’s ability to protect freshwater wetlands by:
- Integrating freshwater wetlands into the Delaware Department of Natural Resources and Environmental Control’s existing tidal wetlands program.
- Providing funding for additional staff to implement and administer the program.
- Establishing a permitting framework for activities affecting freshwater wetlands.
- Requiring enhanced review for Exceptional Value Wetlands, including areas with unique ecological value, threatened or endangered species habitat, drinking water resources, and designated natural areas.
- Creating a Delaware Wetland Screening Tool to help landowners determine when permits may be required.
The legislation also includes exemptions for many common activities, including routine lawn maintenance, duck blinds, certain agricultural activities, and conservation practices associated with government programs.
Filling a Critical Gap
The need for state protections became even more urgent following the 2023 United States Supreme Court decision that significantly narrowed federal protections for many wetlands under the Clean Water Act.
“This is the most significant environmental legislation Delaware has passed since the Coastal Zone Act,” said Mark Nardone, DelNature’s Director of Conservation. “For decades, freshwater wetlands remained one of the largest gaps in Delaware’s environmental protections. Closing that gap will strengthen our ability to protect clean water, reduce flooding, conserve wildlife habitat, and build resilience as our state continues to grow.”
The Work Continues
While passage of Senate Bill 9 is a tremendous milestone, the work is not yet complete.
Following the governor’s signature, a regulatory advisory committee will spend the next year developing the regulations needed to implement the law. DelNature will continue serving on that committee, working alongside partners and stakeholders to help ensure the legislation fulfills its promise while providing clarity for landowners and communities.
This victory belongs to the many advocates, lawmakers, scientists, and community members who refused to let the issue fade over nearly four decades.
For DelNature, protecting Delaware’s freshwater wetlands has been a priority for decades. Today, that persistence has helped shape a healthier, more resilient future for our state.