Sussex County, DE — Solar Development Risk Assessment

No Moratorium

Sussex County §115-194: utility-scale solar setbacks: ≥150 ft from property lines bordering residential zones; ≥50 ft from other property lines; ≥200 ft from occupied non-participating dwellings; ≤20 ft panel height at maximum tilt. Screening: 8 ft opaque fence plus 6 ft minimum vegetative screen along all public roads and residential boundaries. Note: exact setback numbers should be verified with Sussex County Planning & Zoning as Sussex County Code is regularly updated.

Sussex County: Conditional Use in AR-1 Agricultural district; Board of Adjustment approval. DNREC Section 402/407 for coastal zone areas. Delmarva Power/Delaware Electric Cooperative serve.

Generally favorable — largest DE county; most agricultural land; strong DE RPS; active solar market; coastal resort identity adds some scenic sensitivity

S DE agricultural/coastal; Rehoboth Beach/Lewes area; largest DE county; most agricultural solar land; coastal resort identity adds some friction; major solar market in DE; DNREC and Sussex County Board of Adjustment/County Council approval required

Improving

DNREC (Dept of Natural Resources and Environmental Control) regulates utility-scale solar under the Coastal Zone Act and Regulations for Renewable Energy Generating Facilities. Projects ≥25 MW in regulated area require DNREC permit; projects in Coastal Zone require Coastal Zone Act permit. Public Service Commission (PSC) may review larger facilities. County land use process also required: New Castle County: County Council land use approval; Kent County: levy court/county council process; Sussex County: Board of Adjustment CUP or Sussex County Council approval. Delaware has no statewide solar preemption; local approvals required in addition to state permitting. Very limited agricultural land (small state, ~2,000 sq mi); most utility-scale opportunity in Sussex County (largest DE county, most agricultural land). All DE in PJM / Delmarva Power (DLCO) zone. Delaware has aggressive RPS and generally receptive political climate for solar — one of most solar-friendly states in PJM territory.

Delaware RPS 40% by 2035 (enacted 2021, SB 33). SREC market: Delaware-specific solar renewable energy certificates tradeable through PJM GATS; value tied to RPS solar carve-out compliance. Energize Delaware: low-interest financing for commercial/residential solar. Net metering available through Delmarva Power, Delaware Electric Coop, and municipal utilities. DNREC SolarRenewables program tracks solar development. Utility: Delmarva Power (Eversource subsidiary) serves most of DE; Delaware Electric Coop serves rural areas.

Sussex County is DE's most active solar development county — flat agricultural land (Delmarva Peninsula), good solar irradiance, Delmarva Power distribution network, PJM interconnection. Multiple utility-scale solar farms approved by DNREC (Section 402/407) and county land use process 2015-2025. Delaware's poultry farming industry has agrivoltaic potential. Delaware Electric Cooperative serves rural Sussex County.

No confirmed Delaware PSC denial or county Board of Adjustment rejection for Sussex County. Sussex County: most solar activity in DE; Board of Adjustment governs CUPs. DNREC §402/407 applies in coastal zone (Delaware Coastal Zone Act). Source: DE PSC; Delaware Coastal Zone Act