SB290 - Wetlands Protection

• Establishes a state-level permitting program for nontidal (freshwater) wetlands in Delaware, complementing the existing tidal wetlands program and filling gaps left by federal Clean Water Act protections.

• Requires permits from the Department of Natural Resources and Environmental Control for most activities in wetlands, with exemptions for mosquito control, duck blinds, farming operations, hunting, fishing, and trapping.

• Approximately 75,000 acres of Delaware nontidal wetlands currently lack federal protection following the 2023 U.S. Supreme Court decision in Sackett vs. EPA.

• Directs the Department to adopt regulations establishing wetland definitions, permit procedures, mitigation banking, and an expedited process for voluntary wetland restoration projects by January 1, 2026.

• Maintains consistency with private property rights while establishing a goal of no net loss in wetland acreage and function, and pursuing a net resource gain in wetlands.