DNREC withdraws interim guidelines

DOVER — Department of Natural Resources and Environmental Control Secretary David Small announced Friday he has withdrawn “emergency regulations” enacted Oct. 16 in the wake of a lawsuit.

Stormwater management regulations were overturned by the Superior Court in October, with Judge T. Henley Graves siding with developers who sued the department.

The judge ruled the regulations were not properly disseminated to the public. Mr. Small then adopted the policies as an emergency, claiming that in the absence of updated guidelines, construction projects would not be approved.

On Oct. 27, the Superior Court ordered a stay, allowing the regulations to remain until the Supreme Court rules on DNREC’s appeal.

“We are pleased with the court’s decision to allow the new regulations to be in effect while we move to resolve the issue long-term,” Mr. Small said in a statement.

“We can continue to review and approve plans in a timely manner and allow landowners, developers, contractors and homeowners to maintain schedules and commitments to customers, lenders, agencies and others involved in these important projects.”

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