Subchapter I. Delaware Planning Act
TITLE 29
State Government
State Planning and Property Acquisition
CHAPTER 91. STATE PLANNING
Subchapter I. Delaware Planning Act
§ 9101. Cabinet Committee on State Planning Issues.
(a) A Cabinet Committee on State Planning Issues is established and shall serve in an advisory capacity to the Governor. It shall be comprised of the following members:
(1) The Secretary of the Department of Natural Resources and Environmental Control.
(2) The Secretary of the Department of Transportation.
(3) The Secretary of the Department of Agriculture.
(4) The Director of the Delaware Economic Development Office.
(5) Such others as the Governor may designate.
(b) The Governor shall designate 1 member to serve as Chairperson of the Committee.
(c) The Committee shall consider matters relating to the orderly growth and development of the State, including, but not limited to:
(1) Recommendations for the most desirable general pattern of land use within the State, in light of the best available information concerning topography, climate, soil and underground conditions, water courses and bodies of water and other natural or environmental factors, as well as in light of the best available information concerning the present and prospective economic bases of the State, trends of industrial, population or other developments, the habits and standards of life of the people of the State and the relation of land use within the State to land use within adjoining areas;
(2) The major circulation pattern recommended for the State, including major routes and terminals of transportation and communication facilities, whether used for movement of people and goods within the State or for movement from and to adjoining areas;
(3) Recommendations concerning the need for and the proposed general location of major public and private works and facilities, such as utilities, flood control works, water reservoirs and pollution control facilities, military or defense installations and other governmentally financed or owned facilities; and
(4) Recommendations on land use planning actions that are subject to review and comment pursuant to Chapter 92 of this title.
(d) The Cabinet Committee shall submit a report on its activities to the Governor and the General Assembly by the 15th day of October of each year, together with the recommendations for legislative and/or administrative changes it deems desirable.
(e) The Cabinet Committee's proceedings shall be conducted in accordance with Chapter 100 of this title.
(f) The Cabinet Committee shall be assisted by staff designated by each participating agency, and shall work in cooperation with all federal, State and local agencies of government and with private organizations and individuals to obtain all necessary and relevant information for its assignments.
(g) There is hereby established the Office of State Planning Coordination within the Office of the Budget. The administrator and head of the Office of State Planning Coordination shall be the State Planning Coordinator who shall be qualified by training or experience to perform the duties of the office. The Office of State Planning Coordination shall assist in statewide planning matters, and it shall function as an advisory, consultative and coordinating office.
(1) The Office of State Planning Coordination shall provide staffing assistance to the Cabinet Committee on State Planning Issues.
(2) The State Planning Coordinator shall serve as the secretary to the Cabinet Committee on State Planning Issues.
(3) The Office of State Planning Coordination shall collect and coordinate the comments of state agencies regarding land use planning actions pursuant to Chapter 92 of this title. In carrying out this function, the Office of State Planning Coordination shall, to the maximum extent possible, reconcile differing opinions and conclusions among agency comments with the objective of providing consistent, timely and useful information to the local government. The Office of State Planning Coordination shall be authorized to represent and speak for the State on land use matters subject to Chapter 92 of this title.
(4) [Repealed.]
(h) The Office of State Planning Coordination shall render local planning technical assistance, and may make grants available, to county and municipal governments for the purposes of coordinating planning activities, promoting liaison between various state agencies and local governments, building capacity through training and sharing of digital and other information, developing infrastructure plans, addressing specific growth and design issues, and such other actions as are appropriate to achieve the purposes of this chapter. The Office of State Planning Coordination shall develop and promote cooperation and coordination among state agencies and local governments to ensure effective and efficient planning and infrastructure investment.
63 Del. Laws, c. 191, § 2; 69 Del. Laws, c. 458, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 522, §§ 1, 2; 71 Del. Laws, c. 485, § 1; 73 Del. Laws, c. 43, § 2; 73 Del. Laws, c. 186, § 12; 74 Del. Laws, c. 128, § 8; 76 Del. Laws, c. 103, § 1.;
§ 9102. Governor's Advisory Council on Planning Coordination.
(a) There is hereby established the Governor's Advisory Council on Planning Coordination.
(b) The Governor's Advisory Council on Planning Coordination shall be assigned the following duties:
(1) Assisting the Governor in identifying and addressing current and future state development and land use issues.
(2) Recommending legislation, policies and tools that support the Governor's Livable Delaware initiative.
(3) Reviewing and providing recommendations to the Governor on plans developed by the state departments for implementing the state investment strategies.
(4) Approving and monitoring livability indicators.
(5) Facilitating dispute resolution among government jurisdictions regarding disagreements involving land use planning issues.
(6) Other duties as referred by the Governor.
(c) The Governor's Advisory Council on Planning Coordination shall be composed of 17 members as follows:
(1) A Chair to be appointed by the Governor for a term of 3 years and who shall be eligible for re-appointment for terms of 3 years.
(2) Chair of the Cabinet Committee on State Planning Issues.
(3) The County Administrator or County Executive or their designee, representing each of Delaware's counties.
(4) The Mayor or the Mayor's designee, representing the City of Wilmington.
(5) The President or a designee representing the Delaware League of Local Governments.
(6) The Co-Chairs of the Joint Bond Bill Committee or their designee or designees.
(7) Eight members who shall be appointed by the Governor representing, to the extent possible, the following constituencies: agriculture and/or agribusiness; homebuilders; business; real estate and development; environmental interests; community development; historic preservation; and civic associations. These members shall be appointed by the Governor as follows:
a. Three members shall be appointed for 3-year terms;
b. Three members shall be appointed for initial 2-year terms;
c. Two members shall be appointed for initial 1-year terms;
d. Thereafter, appointees shall serve for 3-year terms.
(8) The Secretaries of Transportation, Natural Resources and Environmental Control, and Agriculture and the Director of Economic Development shall serve as ex-officio members.
(d) An appointment, pursuant to this section, to replace a member whose position becomes vacant prior to the expiration of the member's term shall be filled only for the remainder of that term. Members shall continue to serve after the expiration of their terms until they either resign, are reappointed, or replaced.
(e) Members of the Advisory Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members in accordance with State law.
(f) The Advisory Council shall be assisted in their efforts by the staffs and other resources of the Office of the Governor and the Office of State Planning Coordination.
63 Del. Laws, c. 191, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 490, §§ 1-4; 73 Del. Laws, c. 43, § 1; 73 Del. Laws, c. 333, §§ 1, 2; 76 Del. Laws, c. 2, § 5.;
§ 9103. Comprehensive Plan Review and Certification Process.
(a) The comprehensive plan review and certification process is intended to compare planning goals and development policies among levels of government for the purpose of attaining compatibility and consistency among the interests of state, county and municipal governments. Plan review and certification are necessary to properly address potential burdens on the state government for future infrastructure and public services caused by local land use actions.
(b) Comprehensive plans and amendments or revisions thereto are subject to the provisions of § 9203 of this title. The Office of State Planning Coordination, in addition to soliciting state agency comments as provided therein, shall, within the 20 working day review period provided in § 9204(d) of this title, also conduct a review and comparison of the proposed county or municipal comprehensive plan or amendment or revision with state goals, policies and strategies. The Office of State Planning Coordination shall prepare a report:
(1) Documenting the degree to which the county or municipal comprehensive plan has incorporated the State's goals, policies, and strategies;
(2) Including a detailed list of findings, recommendations and objections, including adverse fiscal impacts;
(3) Identifying improvements, revisions or other actions desired to address and resolve inconsistencies;
(4) Setting forth a timetable and process for negotiations with the county or municipality for achieving consistency.
The state review shall include an assessment of the potential fiscal impacts of the proposed county or municipal comprehensive plan as they relate to State-funded infrastructure and services, including but not limited to transportation, water and sewer systems, public schools, affordable housing, and public safety. The State's review shall be based on such statewide land development goals, policies and criteria as may have been adopted by the Governor or Cabinet Committee on State Planning Issues, or as set forth in state law or regulation, or in provisions of the State's most recent capital budgets.
(c) Proposed comprehensive plans or amendments or revisions thereto will be shared with other potentially impacted jurisdictions and the Office of State Planning Coordination will provide for such review and comment, pursuant to the provisions of § 9204 of this title. Other jurisdictions desiring to comment on any inconsistencies with a county or municipal comprehensive plan shall do so by an official action of said government setting forth the nature of any inconsistencies, concerns, issues, conflicts, agreement and recommended revisions.
(d) Should the Office of State Planning Coordination make objection to any proposed comprehensive plan or amendments or revisions thereto, then the Office of State Planning Coordination shall immediately enter into negotiation with the county or municipality in an attempt to solicit agreement and resolution. Any agreements reached during these negotiations shall be incorporated into the public record and considered by the governing body prior to final action on the comprehensive plan. If the Office of State Planning Coordination and the county or municipality fail to reach agreement after a period of 45 days, the Office of State Planning Coordination shall report the extent of agreement and areas of continued disagreement to the Advisory Council on Planning Coordination for dispute resolution.
(e) The Office of State Planning Coordination shall submit a final comprehensive plan report and recommendation to the Advisory Council on Planning Coordination for its consideration. The Council shall consider the report submitted by the Office of State Planning Coordination, appropriate state land development goals and strategies, comments submitted by any impacted jurisdiction, and such other information as it may determine to be appropriate and in the public interest. The Council may, in its discretion, conduct a public hearing on the proposed comprehensive plan or amendment or revision thereto, except that no hearing shall be held if the proposed plan or amendment or revision thereto is found to be consistent with the state goals, policies and strategies, and not in conflict with plans of other jurisdictions. Within 45 days of the receipt of the report from the Office of State Planning Coordination, the Council shall issue its findings and recommendations, and shall submit the proposed plan to the Governor or designee for certification.
(f) Within 20 days of receipt of the findings and recommendations from the Council, the Governor shall certify the comprehensive plan or return the comprehensive plan to the municipality or county for revision. The municipality or county shall have the right to accept or reject any or all of the recommendations. The final decision on the adoption of the comprehensive plan is that of the municipality or county.
73 Del. Laws, c. 186, § 11; 74 Del. Laws, c. 186, §§ 18, 19.;