It comes down to money, and not as much about protecting the environment.

During a discussion on buffers and density, environmental consultant Jim McCulley told Sussex County Council the majority of landowners who sell to developers are looking to maximize the value from their property. That includes ensuring as many lots as possible, often with no regard for natural resources on the land.

He used a project in Long Neck as an example. He said the 1,000-acre parcel had a 200-acre loblolly pine forest considered to be the finest pine forest in Delaware.

"When I went there, I found stumps," he said, adding the landowner had cut down the trees because he thought their value as a forest might impact the value of the land.

At the request of Councilman I.G. Burton, R-Lewes, council is gathering information about density and buffers to consider possible changes in county code.

During a July 17 meeting, McCulley, who is also president of Delaware Homebuilders Association, said council should look at ways to incentivize landowners to protect natural resources on their properties. "Mandating buffers and other protection areas reduces the value of the property to the landowners and puts pressure on landowners to eliminate those resources prior to sale, which increases sprawl," he said.

He said updated regulations for increased density and more flexibility in housing types – townhouses and multifamily units – would be steps to consider.

McCulley used a hypothetical 100-acre parcel with 30 wooded acres, a stream and nine acres of wetlands to illustrate his point.

With AR-1 zoning, a developer would get about 200 lots, and would likely clear-cut the woods, fill in the stream and impact the wetlands. By allowing increased density to 4.5 units per acre and housing-type flexibility, the developer would get 450 units clustered together while preserving the woods, stream and wetlands, and include a buffer, McCulley said.

"Increasing density will protect resources without mandating anything. That way when a landowner sells to a developer, it would not have an impact on yield on the site," he said.

In reply, Burton said, "There are some who want to clear cut because it could add value to the sale, and some who say now I have more value. I'm not sure complete value comes from density and multifamily housing."

"Most are buying and selling on the most yield they can get. Most try to maximize the value, but not all," McCulley said.

Councilman Rob Arlett, R-Frankford, said council is working toward a better way to calculate density based on buildable acres and not parcel sizes.

"If you do not count wetlands and other areas, that puts an incentive to get rid of wetlands," McCulley said.

Burton said resources need to be protected, and it will fall on council to find an effective way to incentivize landowners and developers to preserve them.

REQUIRED BUFFERS Tidal wetlands

New Castle County 100 feet

Kent County 100 feet

Sussex County 50 feet



Nontidal wetlands

New Castle County 50 feet

Kent County 25 feet

Sussex County no requirement



Headwater streams

New Castle County 100 feet

Kent County 50 feet

Sussex County no requirement

CIB makes recommendations

Delaware Center for the Inland Bays Executive Director Chris Bason said it's critical to provide buffers to protect wetlands, which provide many benefits – most importantly to protect properties and lives by limiting flooding. Acting as sponges, wetlands take nitrogen out of the water. "We have been struggling with nitrogen for years in Sussex County," he told council.

He said the goal to remove most phosphorous from the bays has been achieved thanks in a big part to the Rehoboth Beach wastewater treatment plant that no long discharges into the Lewes-Rehoboth Canal. "But after 20 years, we are only at 38 percent of our goal to remove nitrogen," Bason said. "We are fighting a real tough battle to restore estuaries. We have a long way to go. We see possible room for improvement here," he told council.

Bason said one regulation lacking from county code is protection of small headwater streams, which make up about 75 percent of streams in Sussex County. "They contain the highest pollution concentration and need some type of buffer," he said.

Bason said forested buffers are preferred because they remove nearly 40 percent more nitrogen than grass buffers.

Bason presented council with buffer-width recommendations from the center. He said adequate buffers would range from 80 to 300 feet with optimum buffers ranging from 150 to 500 feet. He said the center supports land-use incentives for the recommended optimum widths.

Sussex County's regulations are much less strict than Kent and New Castle counties and nearby states. For tidal wetlands, Sussex County requires 50-foot buffers while Kent and New Castle require 100-foot buffers. New Jersey law mandates 300-foot buffers, and Maryland's designated critical environmental areas have 200-foot buffers.

A buffer's width should depend on several factors including the type of wetland and slope of the land, Bason said. Other factors include the extent of a buffer, views and vegetation.

Bason showed council several photographs of projects where approved site-plan buffers were not built to code.

Burton said he was aware of one of the projects where the buffer was three trees and some grass with development to the edge of Rehoboth Bay. "That's not a buffer," he said.

Environmental consultant Ed Launay told council the county's buffer ordinance calls for a vegetated buffer. "It doesn't say you can't clear cut trees and plant grass. No structures are allowed, but just about anything else is. You may want to talk about changing that. Nothing says how buffers are managed," he said.

Density ordinance on the way

At council's July 24 meeting, Burton said he is working with legal staff to write a density ordinance. He asked County Administrator Todd Lawson to schedule a one-day workshop to further discuss buffer issues before an ordinance is drafted.

"I'm looking forward to the details on how property rights and protecting the environment come together," Arlett said.

Councilman George Cole urged Burton to work as quickly as possible. "Time is running out for some of us. Get 'er done," he said. Cole, who has served on council since 1986, is retiring at the end of the year.