An Act To Amend Title 25 Of The Delaware Code Relating To Housing.
Summary
SB87 would create a new chapter in Title 25 of the Delaware Code governing accessory dwelling units (ADUs). The bill defines ADUs as secondary residential units on the same lot as a legally established single-family dwelling, including attached, detached, or internal units, and it requires local governments to allow at least one ADU by right on qualifying single-family lots. Under the bill, ADUs must be allowed without a public hearing, variance, conditional use permit, special permit, special exemption, or other discretionary zoning action beyond site-plan review for zoning compliance.
The bill also requires local governments to allow ADUs to be used as rental housing and gives them one year after the act’s effective date to adopt conforming ordinances. It limits local regulation to rules consistent with the chapter’s purpose and bars local governments from imposing planning board approval or other restrictions that would undermine the statute. In addition, the bill declares certain private covenants, deed restrictions, and similar instruments unenforceable if they newly prohibit or unreasonably restrict ADUs on single-family residential lots after June 30, 2027.
Impact
SB87 would preempt or significantly constrain local zoning and land-use rules that currently limit accessory dwelling units in Delaware, while also affecting private deed restrictions and similar covenants that would block ADU construction or use after the bill’s cutoff date. It would add a new state-law framework in Title 25 requiring municipalities, counties, and other local governments to permit ADUs by right on single-family residential lots, thereby expanding the types of housing allowed in those jurisdictions. The bill could also indirectly affect municipal charters, which is why it carries a two-thirds vote requirement.
Sentiment
The bill’s stated purpose and synopsis reflect strong support for ADUs as a housing-supply and affordability tool. The legislative findings emphasize Delaware’s housing shortage, the need for more affordable units, and the benefits of ADUs for seniors, students, and multigenerational households. No committee transcripts or recorded votes were provided, so the available context shows the bill as broadly pro-housing and reform-oriented, with no documented opposition in the supplied materials.
Contention
The main points of potential contention are local control and private property restrictions. Local governments may view the bill as limiting their zoning discretion by requiring ADUs by right and prohibiting planning board approval or other discretionary barriers. Property owners, neighborhood groups, or municipalities could also object to the bill’s invalidation of certain covenants and deed restrictions, especially where those restrictions are used to preserve single-family-only character. The bill’s two-thirds vote requirement signals that lawmakers anticipated possible constitutional or charter-related concerns over state preemption of local authority.
An Act To Amend Title 26 Of The Delaware Code Relating To Public Utilities And Voting By Members Of The Pjm Interconnection Regional Transmission Organization.