New Castle County Council members are trying – again – to create a zoning designation specifically for parks. Photo by Ken Mammarella
Four members of New Castle County Council are sponsoring an ordinance to create a new zoning district for land in parks – a plan that the Delaware Department of Natural Resources and Environmental Control has “significant concerns” about.
“This new P zoning district created by ordinance 24-130 would only apply to preserved parcels owned in fee simple by the county, state, municipal and federal governments and intended for use as public parks or natural area conservation,” Councilwoman Dee Durham writes in her latest newsletter.
“It does not include privately held parcels under conservation easement, state/county farmland preservation program participants, nor open space set aside as private open space in HOA developments,” she continues.
“DNREC has significant concerns about the proposed Category P zoning restrictions, which could hinder the department’s ability to manage state parks and fish and wildlife areas effectively,” DNREC representative Michael Globetti says.
“These restrictions could affect current operations and future development, including maintenance shops, stables, housing, retail services and more. Some uses compatible with DNREC’s mission, such as temporary storage, farm markets and bed and breakfasts, would also be restricted.
“Since many DNREC facilities are historic, flexibility in land use is essential. Additionally, NCCo’s restrictions could conflict with federal grant requirements, potentially putting DNREC in violation of funding rules. While we support the goal of protecting open spaces, DNREC insists state-owned lands be exempt from Category P zoning restrictions.
“There are also legal questions about whether the county can impose land use restrictions on state or federal land.
“In the State Planning Office’s Preliminary Land Use Service process, DNREC expressed appreciation for NCCo’s commitment to conserving 30% of its land by 2030 and also recognized the importance of establishing an open space zoning category for NCCo,” he says.
The next step for the ordinance is a review by the county planning board, at 7 p.m. Tuesday, Oct. 1 in the county building at 67 Reads Way, near New Castle. The meeting will also be livestreamed on Zoom.
This ordinance is sponsored by Durham and Councilman Dave Carter, with co-prime sponsors John Cartier and Brandon Toole.
Wilmington and most other nearby local governments all have similar zoning categories, she writes.
There are about 250 county parks, 10 state parks and one federal park in New Castle County.
This map shows various zoning designations in New Castle County.
The above map offers many different views of the county, and the ones that matter in this debate are accessed by clicking on “zoning” or “parks and open space,” which will deepen the colors of the various designations.
A lot of acreage in county, state and federal parks is now zoned as though it could be developed.
Most of Brandywine Creek State Park and First State National Historical Park are zoned Suburban Estate, and one 65-acre piece of the federal park is zoned Commercial Regional.
Bechtel, Talley Day, Alapocas, Jester and Auburn Valley State Park are all zoned Suburban.
“This confusing pattern is repeated all over New Castle County,” Durham writes.
In a follow-up interview with DelawareLive, she says that if Cape Henlopen were in New Castle County and the P district were in place, the proposed restaurant that generated the controversy would need a special use review.
“Of course, the state always has the capacity to override county zoning if they so choose,” she says, “and the Legislature grants them that exemption, as is the case with Auburn Valley and Fort DuPont/Grassdale.
“Generally though,” she says, “the P category would be created to reflect what the public is trusting governments to do regarding these parcels: Keep them open for passive or active outdoor recreation OR for habitat protection.
“A limited range of uses are automatically permitted as one might expect – reuse of existing structures, farmers markets, farming, etc. Other uses could be granted but would just need to be run through either an internal (county land use department) or a public process to get approval, which seems transparent and fair to me.”
Multiple proposals for park zoning
This is at least the fifth time that such an ordinance has been proposed since the county in 1999 adopted the Unified Development Code, and “such a category was glaringly left out,” Durham says.
Here’s the synopsis of the latest ordinance: “This ordinance proposes the creation of a new zoning district known as the Publicly Conserved Lands & Parks District. The P Zoning District will become the new zoning designation of publicly owned parks and conservation lands that have been conserved as such or acquired for public use primarily for outdoor recreation in perpetuity. The ordinance sets forth the purposes of the P District. Moreover, the ordinance established permitted and prohibited uses, as well as limited and accessory uses with the district.”
The 2023 proposal was defeated 6-7 in County Council, following unanimous support from the Open Space Advisory Board, the Planning Board, and the county Land Use Department.
The 2022 proposal was withdrawn after reaching the planning board because of concerns that it included properties with privately held easements.
DNREC was “generally supportive” of the 2015 proposal.
There was also a 2012 proposal to create an Open Space zoning designation.
The county’s 2007, 2012 and 2022 comprehensive plans called for creating such a category, she says.
“The county has established a significant goal of protecting at least 30% of its acreage in the unincorporated county’s public parks and natural area,” Durham writes. “Doesn’t such a large percentage of land deserve its own zoning category?”
