State Planning

Del. Code tit. 29, ch. 91
in effect

Del. Code tit. 29, § 9101 Cabinet Committee on State Planning Issues.

(a) The Cabinet Committee on State Planning Issues (“Committee”) is established and shall serve in an advisory capacity to the Governor. It shall be comprised of the following members or their respective designees: (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 (4) [Repealed.] (5) The Director of the Delaware State Housing Authority. (6) The Secretary of the Department of Safety and Homeland Security. (7) 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 all of the following: (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; (4) Recommendations on land use planning actions that are subject to review and comment pursuant to Chapter 92 of this title; (5) Preparing the Strategies for State Policies and Spending document and maps, which shall serve as the primary policy guide that summarizes the State’s land use goals, policies and strategies and directs state spending into investment levels that support the most efficient use of state resources, be they physical, fiscal, or natural, except that county and municipal governments shall retain their existing autonomy with respect to the land use designations set forth in their proposed and/or adopted comprehensive plans. The Strategies for State Policies and Spending shall be updated at least every 5 years, provided that the Governor may extend the deadline at the Governor’s discretion; and (6) Performing such other duties and responsibilities with respect to the Downtown Development Corridors and Districts Act as set forth in Chapter 19 of Title 22. (d) The Committee shall submit a report on its activities to the Governor and the General Assembly by October 15 of each year, together with the recommendations for legislative and administrative changes it deems desirable. (e) The Committee’s proceedings shall be conducted in accordance with Chapter 100 of this title. (f) The 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 Committee. (2) The State Planning Coordinator shall serve as the secretary to the Committee. (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. The Office of State Planning Coordination may serve as the lead agency to engage other state agencies, local governments, and other governmental and nongovernmental organizations 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 and master 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. The Office of State Planning Coordination may make grants available to county and municipal governments to assist them in achieving any of the objectives outlined in this section, provided that funded activities and deliverables are in compliance and in harmony with the Strategies for State Policies and Spending. The Office of State Planning Coordination shall further have such authority and responsibility with respect to the Downtown Development Corridors and Districts Act as set forth in Chapter 19 of Title 22.

Del. Code tit. 29, § 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 Cabinet Committee on State Planning Issues for dispute resolution. (e) For municipal comprehensive plans, the Office of State Planning Coordination shall submit a final comprehensive plan report and recommendation to the Governor or designee for certification. The Governor may designate the State Planning Coordinator as the designee, and may prescribe any policies and procedures deemed necessary to allow municipal plans to be certified by the Office of State Planning Coordination provided that the plan, amendment, update or revision thereto is found to be consistent with state goals, policies and strategies, and not in conflict with plans of other jurisdictions. If there is a finding that such a plan, amendment, revision or update is inconsistent or if there is a dispute, the report and the plan are to be forwarded to the Cabinet Committee for State Planning Issues and shall follow the same process as for the certification of county plans. For county comprehensive plans, the Office of State Planning Coordination shall submit a final comprehensive plan report and recommendation to the Cabinet Committee on State Planning Issues. The Cabinet Committee 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 Cabinet Committee 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, amendment, update 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 Cabinet Committee shall issue its findings and recommendations, and shall submit the proposed plan to the Governor or designee for certification. The State Planning Coordinator may not be the designee for the review and certification of county plans. (f) Within 20 days of receipt of the findings and recommendations from the Cabinet Committee, the Governor shall certify the comprehensive plan if the plan is consistent with all comprehensive plan requirements under Title 9 for counties or Title 22 for municipalities, as applicable, and demonstrates consideration of State development policies. If the Governor determines a plan is inconsistent with the statutory requirements for comprehensive plans or with State development policies, the Governor shall return the plan to the municipality or county for further revision in accordance with this section. If a plan is returned to a municipality or county for revisions, the municipality or county has 45 days to make the necessary revisions and return the plan to the Governor.

Del. Code tit. 29, § 9121 Findings.

The General Assembly finds that an equitable program for planning and financing public facilities needed to serve new growth and development is necessary in order to promote and accommodate orderly growth and development and to protect the public health, safety and general welfare of the citizens of the State. It is the intent of this subchapter to: (1) Ensure that adequate public facilities are available to serve new growth and development; (2) Promote orderly growth and development by establishing uniform standards by which municipalities and counties may require that new growth and development pay a proportionate share of the cost of new public facilities needed to serve new growth and development; (3) Establish standards for the determination of impact fees for state facilities and services; and (4) Ensure that new growth and development is required to pay no more than its proportionate share of the cost of public facilities needed to serve new growth and development and to prevent duplicate and ad hoc development exactions.

Del. Code tit. 29, § 9122 Definitions.

For purposes of this subchapter, the following definitions shall apply: (1) “Community” means those areas designated as communities in the Strategies for State Policies and Spending adopted by the Governor’s Cabinet Committee on State Planning Issues on December 23, 1999; (2) “Developing area” means an area designated as a developing area in the Strategies for State Policies and Spending adopted by the Governor’s Cabinet Committee on State Planning Issues on December 23, 1999; (3) “Development” means any construction or expansion of a building, structure or use, any change in use of a building or structure, or any change in the use of land, any of which creates additional demand and need for public facilities; (4) “Environmentally sensitive developing area” means an area designated as an environmentally sensitive developing area in the Strategies for State Policies and Spending adopted by the Governor’s Cabinet Committee on State Planning Issues on December 23, 1999; (5) “Impact fee” means a payment of money imposed upon development as a condition of development approval to pay for a proportionate share of the cost of system improvements needed to serve new growth and development; (6) “Proportionate share” means that portion of the cost of system improvements that is reasonably related to the service demands and needs of the project; (7) “Rural area” means an area designated as a rural area in the Strategies for State Policies and Spending adopted by the Governor’s Cabinet Committee on State Planning Issues on December 23, 1999; (8) “State public facilities” means: a. Roads, streets and bridges, including rights of way, traffic signals, landscaping and any local components of state or federal highways; b. Transit facilities; c. State-provided police service; d. State-provided emergency services; and e. Schools. (9) “System improvement costs” means costs incurred to provide additional state public facilities capacity needed to serve new growth and development for planning, design and construction, land acquisition, land improvement, design and engineering related thereto, including the cost of constructing or reconstructing system improvements or facility expansions; (10) “System improvements” means capital improvements that are public facilities and are designed to provide service to the community at large.

Del. Code tit. 29, § 9123 Development of impact fees.

(a) In addition to its responsibilities set forth above in [former] § 9102 of this title [now repealed], the Cabinet Committee on State Planning Issues shall develop a schedule of impact fees for development throughout the State. The Cabinet Committee on State Planning Issues may engage a qualified consultant to assist in development of a fee structure that accurately represents the incremental costs to the State of providing infrastructure and services in areas where minimal investment is planned by the State. (b) The schedule of impact fees shall include proposed impact fees for development with respect to each of the state public facilities identified in § 9122(8) of this title. (c) The schedule of impact fees shall include recommended fee levels for development in environmentally sensitive developing areas, secondary developing areas, and rural areas. The schedule of impact fees shall not recommend impact fees for communities or developing areas. (d) The schedule of impact fees developed by the Advisory Council shall be submitted to the Joint Bond Bill Committee of the General Assembly on or before May 1, 2002. The schedule of impact fees shall be accepted, rejected or modified by the Joint Bond Bill Committee and thereafter approved by the General Assembly by appropriate legislation. (e) Impact fees developed pursuant to this section shall not exceed the proportionate share of the cost of system improvements, as defined in this subchapter.

Del. Code tit. 29, § 9124 County impact fees.

(a) County governments may develop and establish impact fees for services for which the county will bear increased costs of development. These areas may include but are not limited to: (1) Water and sewer construction; (2) Libraries; (3) Fire-house construction; and (4) Emergency services. (b) [Repealed.]

Del. Code tit. 29, § 9125 Farm residences.

No impact fees adopted pursuant to this subchapter shall be imposed on a primary residence constructed on a parcel of land zoned as farmland and actively devoted to farming, provided that the individuals living in the residence use it as their primary residence, and either: (1) Are actively farming the land; or (2) Are relatives of the owners of the parcel of land.

Del. Code tit. 29, § 9141 Findings.

The General Assembly finds that the coordination of the use and sharing of data and information among all levels of government is essential to the efficient and smooth provision of government services to the people of the State. It is the intent of this subchapter to: (1) Ensure that geospatial data are maintained and published in such a manner that they are readily available to all appropriate data users to support state and local government functions; (2) Promote the use and sharing of geospatial data and of geographic information system software and tools by state agencies and local governments; (3) Establish standards for the appropriate publication of geospatial data and metadata; and (4) Provide for a coordinated community of geospatial data providers and geospatial data users in Delaware.

Del. Code tit. 29, § 9142 Definitions.

For purposes of this subchapter, the following definitions shall apply: (1) “Delaware Geospatial Information Clearinghouse” means a web-enabled, electronic resource for the collection, organization, storage, and dissemination of metadata and other information to assist in the sharing of geospatial data and information. (2) “Geographic Information System” and “GIS” both mean a system for capturing, storing, analyzing and managing data and associated attributes which are spatially referenced to the earth. (3) “Geospatial” means data and/or information that identify the geographic location and characteristics of natural or constructed features and boundaries on the earth. This information may be derived from, among other things, remote sensing, mapping, and surveying technologies. (4) “Metadata” means data about the content, quality, condition, and other characteristics of data.

Del. Code tit. 29, § 9143 Delaware Geographic Data Committee.

(a) An Executive Council of the Delaware Geographic Data Committee is established to oversee coordination of the use and sharing of geospatial data and information in Delaware. It shall be comprised of the following members: (1) The Director of the Office of Management and Budget; (2) The Secretary of the Department of Technology and Information; (3) The Secretary of the Department of Safety and Homeland Security; (4) The Secretary of the Department of Transportation; (5) The Secretary of the Department of Natural Resources and Environmental Control; (6) The County Executive of New Castle County; (7) The County Administrator of Kent County; (8) The County Administrator of Sussex County; (9) The Director of the Delaware Geological Survey; (10) A federal Geospatial Liaison to be named by the f federal Geographic Data Committee; and (11) Three representatives chosen annually from among the membership of the Delaware Geographic Data Committee by the membership of that Committee: a. One representing the academic community, b. One representing Delaware municipal governments, and c. One representing the Committee as a whole. (b) A staff member of the Office of Management and Budget shall be assigned the role of State Geospatial Data Coordinator and shall serve as nonvoting Chair of the Executive Council of the Delaware Geographic Data Committee. (c) The Executive Council of the Delaware Geographic Data Committee shall meet on an as-needed basis, at the call of the Chair. Meetings shall be subject to all relevant open-meetings laws and regulations. Council members may, in writing, assign a proxy for specific meetings if they are unable to attend. (d) The Executive Council of the Delaware Geographic Data Committee shall be assigned the following duties, including, but not limited to: (1) Representing the State to all levels of government (including the federal government), the private sector, and academia in all matters pertaining to geospatial data and related technologies; (2) Ensuring the availability of basic geospatial data to provide an up-to-date, comprehensive, digital base-map for the State; (3) Seeking funding sources to support the creation and maintenance of geospatial data for the State; (4) Promulgation of geospatial data standards to govern all creation, use and sharing of geospatial and related data in the State; (5) Establishment of minimum metadata specifications for publication under § 9144(2) of this title; (6) Oversight of statewide data collection and maintenance projects; (7) Oversight of the Delaware Data Mapping and Integration Laboratory (DataMIL); and (8) Oversight of the Delaware Geospatial Information Clearinghouse. (e) The Executive Council of the Delaware Geographic Data Committee shall rely on the expertise and consensus of the full membership of the Delaware Geographic Data Committee, whenever possible, in carrying out these duties. (f) The Executive Council of the Delaware Geographic Data Committee may, as needed and appropriate, create subcommittees, task forces, or working groups from among the membership of the full Delaware Geographic Data Committee to explore specific issues or opportunities or to provide concentrated subject matter expertise. (g) A Delaware Geographic Data Committee is established to serve as an open users’ group of those working with geospatial data in Delaware and shall serve to make regular recommendations to the Executive Council of the Delaware Geographic Data Committee on actions and policies relating to the use and sharing of geospatial data in Delaware, as outlined in this section. (1) Membership in the Delaware Geographic Data Committee shall be open to all parties meeting criteria as established in the by laws of the Committee. (2) The Geospatial Data Coordinator shall serve as Chair of the Delaware Geographic Data Committee. (3) The Delaware Geographic Data Committee shall meet on a regular basis to discuss issues of interest to committee members. Meetings shall be subject to all relevant open-meetings laws and regulations. (4) The Executive Council of the Delaware Geographic Data Committee shall adopt bylaws for the Committee, by January 10, 2008, to govern the Committee. Such bylaws shall include, at a minimum, the factors outlined within this section.

Del. Code tit. 29, § 9144 Publication of geospatial data and information in Delaware.

All geospatial data and information created by or for any state, county or local agency, or by or for any other organizations receiving state funds in whole or in part for the development of such data, shall be subject to the following conditions: (1) All geospatial data and information shall be considered to be in the public domain, except as provided for in all applicable federal, state and local laws and statutes including the information security and data classification standards promulgated by the Delaware Department of Technology and Information. (2) Metadata for all geospatial data and information shall be published on the Delaware Geospatial Information Clearinghouse, maintained by the University of Delaware, or on any clearinghouse system that may be approved the by the Executive Council of the Delaware Geographic Data Committee to replace that Clearinghouse in the future. a. All metadata shall meet at least the minimum metadata specifications approved by the Executive Council of the Delaware Geographic Data Committee. b. Metadata shall be published for data projects at all stages of development including planning for data acquisition, data collection and creation, publication as draft and final publication. c. Restrictions placed on geospatial data and information pursuant to paragraph (1) of this section shall not apply to metadata for those data sets. (3) Agencies or entities responsible for the creation of any geospatial data and information in or representing Delaware shall make all efforts to provide full and practical access to such geospatial data and information.

Del. Code tit. 29, § 9151 Findings; purpose.

The efficient and effective planning for capital projects and services that benefit Delaware’s citizens must rely upon the best technical information available in order to anticipate demographic and population trends. The Delaware Population Consortium is created to do all of the following: (1) Create a single set of population projections for the State because it would be detrimental to have different entities developing competing sets of projections for their own purposes. (2) Create a single set of population projections with a long-term horizon of 30 years to be beneficial for long-term capital planning. (3) Use a single methodology that can be refined over time. (4) Establish a regular annual release date for the population projections to provide consistent and predictable information for entities that rely upon the projections. (5) Conduct ongoing review of the population projections. (6) Create population projections that cover a consistent set of geographic areas including the State, each county, and each incorporated municipality.

Del. Code tit. 29, § 9152 Delaware Population Consortium.

(a) The Delaware Population Consortium (“Consortium”) shall annually prepare, review, and revise a comprehensive set of population projections for the State, each county, and each incorporated municipality. (b) The projections must provide as much detail as feasible within given methodological and financial constraints. (c) All state agencies, counties, municipalities, and school districts must use the Consortium’s projections for planning and policy purposes. If a population estimate is not available for a given year, state agencies, counties, municipalities, and school districts must use either the most recent Consortium projections or the most recent population estimates prepared by the United States Census Bureau, whichever contains the higher population estimate. (d) The Consortium shall make its projections, and other related demographic information it prepares, available to the public. (e) The Consortium shall act in an advisory capacity to the state census statistical area committees. (f) The Consortium shall act as the advisory board for the Delaware Census State Data Center. (g) The Consortium may perform such other functions and create supplementary materials which are deemed appropriate by Consortium members, including the following: (1) Create seasonal population projections estimates for resort areas. (2) Serve as a focus group for population projection estimates at other levels, including planning districts and traffic analysis zones. (h) The Consortium must be governed by a set of by-laws drafted by the membership and approved by ⅔ of the voting members. The by-laws must include all of the following: (1) The election and terms of officers. (2) The powers and duties of each officer. (3) The procedures governing meetings of the Consortium. (i) The voting members of the Consortium are the following: (1) A representative from the Office of State Planning Coordination, appointed by the State Planning Coordinator. (2) A representative from the New Castle County Government, appointed by the County Executive. (3) A representative from the Kent County Government, appointed by the County Administrator. (4) A representative from the Sussex County Government, appointed by the County Administrator. (5) Representatives from each of the federally-designated metropolitan planning organizations (“MPO”) functioning in Delaware, appointed by the Executive Director of each MPO. (6) Representatives from each incorporated municipality over 20,000 persons, appointed by the Mayor or highest elected official in each jurisdiction. (7) A representative from the Department of Labor, appointed by the Secretary of the Department. (8) A representative from the Department of Education, appointed by the Secretary of the Department. (9) A representative from the Department of Transportation, appointed by the Secretary of Department. (10) A representative from the Department of Health and Social Services, appointed by the Secretary of the Department. (11) A representative from the Delaware State Housing Authority, appointed by the Director. (12) A representative from the Department of Safety and Homeland Security, appointed by the Secretary of the Department. (13) A representative from the Delaware League of Local Governments, appointed by the President of the Delaware League of Local Governments. (14) A representative from the Sussex County Association of Towns, appointed by the President of the Sussex County Association of Towns. (j) To ensure and encourage open dialogue, information sharing, and enhancement and refinement of the accuracy of the population projections, other interested persons may participate in the Consortium as nonvoting members. (k) Quorum of the Consortium is a majority of the voting members. ( l ) Meetings of the Consortium must be conducted under the requirements of the Freedom of Information Act, Chapter 100 of this title.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title29/c091/sc01/index.htmlFetched: 10/4/2026

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