Democrats' Continued Push To Do Away With Local Control

May 1, 2026

Delaware Senate Republicans

During this 153rd General Assembly, a concerning pattern has taken shape in Dover.

Piece by piece, legislation has been introduced and, in some cases, passed that steadily shifts decision-making power away from local governments and places it in the hands of the state.

What may appear as isolated policy proposals are actually a part of a broader trend. Senate Bills 75, 87, 159, and now 23 all share a common theme: they weaken the ability of counties and municipalities to make land use and zoning decisions for their own communities.

That should concern every Delawarean, regardless of where they live or where they fall on the political spectrum.

The Role of Local Government

County and municipal leaders are closest to the people they serve. They understand the character of their communities, the needs of their residents, and the long-term vision for growth and development in their areas.

Zoning and land use decisions directly impact traffic, infrastructure, school capacity, public safety, environmental considerations, and the overall quality of life in a community.

These decisions have traditionally been made at the local level for a reason.

A Series of State Overrides

Consider the trajectory of these Democrat-authored bills:

Senate Bill 75 (Senator Paradee) limited the ability of counties to regulate where and how marijuana establishments can operate, preempting local ordinances and restricting local zoning authority in key areas. (Passed, but was vetoed by Governor Meyer. The Senate has since voted to override the veto along party lines and it now awaits a veto override vote in the House)

Senate Bill 87 (Senator Huxtable) requires local governments to allow accessory dwelling units by right, removing local discretion over whether such housing types fit within specific communities or neighborhoods. (Cleared the committee process and is ready to be considered by the full Senate)

Senate Bill 159 (Senator Hansen) went even further, prohibiting counties from denying certain conditional use permits for large-scale electrical substations tied to renewable energy projects, regardless of local concerns. In fact, this bill targeted one specific decision by the Sussex County government. Just as our caucus argued last year, it set the precedent. (Passed and signed into law)

Each of these measures chips away at local control in different ways.

Senate Bill 23: The Most Sweeping Yet

Now comes Senate Bill 23, sponsored by Democrat State Senator Russ Huxtable (6th District: Lewes, Rehoboth Beach, Milton), which represents perhaps the most significant expansion of state authority to date.

While framed as an effort to address housing affordability, the bill imposes sweeping mandates on counties and municipalities that fundamentally alter how zoning and land use decisions are made.

Among its provisions:

• It requires local governments to adopt state-approved affordable housing plans with specific targets and mandates.

• It mandates that at least 20% of housing inventory in municipalities with over 2,000 residents meet affordability criteria, regardless of local conditions.

• It compels zoning changes, including increased density and expanded housing types, often by right and without traditional public processes.

• It requires administrative rezoning to align with state-influenced plans within a shortened timeframe, limiting opportunities for local input.

  
  

Perhaps most notably, SB 23 elevates comprehensive plans to have the full force of law and ties them directly to state oversight and approval.

Taken together, these provisions significantly reduce the role of locally elected officials and the communities they represent.

A Question of Balance

There is no denying that housing affordability is a real challenge. It is an issue that deserves thoughtful discussion and meaningful solutions.

But the answer cannot be to sideline local governments and impose one-size-fits-all mandates from Dover.

Communities across Delaware are not identical. What may work in one area may not be appropriate in another. Local leaders are best positioned to strike that balance.

Why This Matters

At its core, this debate comes down to who should be making these decisions.

Should they be made by elected officials who live in and represent the community, or by policymakers in Dover who are far removed from the day-to-day realities on the ground?

Our caucus believes strongly that local governments must retain their voice and authority.

We will continue to advocate for policies that respect local decision-making, protect community character, and ensure that residents have a meaningful role in shaping the future of their neighborhoods.

Once local control is lost, it will never be regained.