Delaware Senate Bill SCR86

Delaware 2023-2024 Regular Session

• Introduced: 6/27/23
• Engrossed: 6/27/23

Caption

Requesting The Delaware Department Of Natural Resources And Environmental Control To Update Their 2022 Report To The Governor And Legislature On Options For A Nontidal Wetlands Permitting Program.

Impact

The implications of SCR86 on state laws may provide a more robust framework for managing nontidal wetlands in Delaware. By revisiting DNREC's initial findings in light of recent federal developments, the resolution seeks to enhance the state's understanding and regulatory capacity regarding wetlands. This could lead to improved protection of nontidal wetlands, which are vital ecosystems providing a variety of environmental benefits. The updated recommendations from the DNREC will be critical in ensuring that Delaware effectively adapts to changing federal regulations and judicial interpretations.

Summary

Senate Concurrent Resolution No. 86 (SCR86) aims to request the Delaware Department of Natural Resources and Environmental Control (DNREC) to update their 2022 report regarding a nontidal wetlands permitting program. This resolution builds on the findings from Senate Joint Resolution No. 2, which in 2021 mandated DNREC to conduct a thorough analysis of the state's administrative, fiscal, and legal requirements to support such a program. The updated report is expected to incorporate new federal regulations and the outcomes of the Supreme Court case Sackett vs. EPA, providing clearer insights into the state's wetlands management responsibilities.

Sentiment

The sentiment surrounding SCR86 appears to be supportive among environmental advocates and policymakers who recognize the importance of updated regulations in safeguarding wetlands. However, there may also be apprehensions from landowners or sectors concerned about increased regulatory oversight and the potential implications for land use. The discussion emphasizes a balancing act between environmental protection and landowner rights, which is a recurrent theme in environmental policy debates.

Contention

Notable points of contention regarding SCR86 likely revolve around the perceived trade-offs between environmental regulation and property rights. Critics of extensive wetlands regulations often argue that such measures could hinder property development and land use freedoms. Furthermore, the ongoing developments in federal wetlands jurisdiction, particularly in light of the Sackett vs. EPA decision, highlight a turbulent legal landscape that could further complicate state-level regulatory efforts. The resolution's push for a timely update from DNREC is, therefore, an attempt to mitigate confusion and address these contentious issues head-on.