Proposed Coastal Zone Overlay Ordinance
for Kent County Turned Down

The Kent County Levy Court met on Tuesday June 8th to discuss the proposed Coastal Zone Protection Overlay ordinance which, if approved, would have amended County zoning to include additional requirements and restrictions for development east of Route 1 and even stricter requirements for land east of Route 9.

Many residents in the proposed overlay area spoke out against the ordinance due to concerns over loss of private property rights and property values. Most felt that there were already enough restrictions in place.  Many residents are already engaged in voluntarily preserving their lands without additional government intervention.  Several believed this overlay zoning would be a takings without just compensation issue and one resident threatened a lawsuit.  Overall, many people living in the affected area did not want to be told what they could and could not do with their own land.

Two people spoke out in favor of the proposed overlay.  Connie Holland, Director of the Office of State Planning and Coordination represented the State of Delaware and a member of Delaware Greenways represented that organization.  They believe that the area east of Route 1 is a critical area which does not have the natural resources to support additional growth.  Also, they feel the rural character of the area is a vital attraction for the county and should be preserved.

The Kent County Levy Court was also set to discuss a second and related ordinance which would have added tghe Transfer of Development Rights Program as a supplemental regulation to the Subdivision and Land Development Code (Chapter 187 of the Kent County Code).  This program would enable landowners located outside the designated Growth Zone, in accordance with the Governor’s Livable Delaware initiative, to sell the rights to develop their land to buyers for utilization within designated growth areas.  This option was conceived in response to increasing pressure to develop rural agricultural lands located outside of the designated growth zone where essential infrastructure and support services necessary to sustain suburban and urban land uses do not exist and re not planned.  The ordinance endeavors to achieve attractive, well-designed and efficient communities inside the growth zone while preserving, protecting, and enhancing precious agriculture lands and rural landscapes from encroachment by sprawl development that threatens the unique character and quality of life that citizens of Kent County enjoy and expect.

The Levy Court members decided to table the discussion of this program and send it back to committee for final comments and “tweaking.”  For more information about this program, please visit the Kent County Planning Office website and view the proposed regulations.