Delaware Permitting Regulations Streamlined by
Executive Order Signed by Governor Matt Meyer

“For too long, Delawareans have watched essential projects get stuck in red tape that can stretch on for years, driving up costs and stifling progress,” said Governor Matt Meyer. “By creating a permitting accelerator with clear timelines, real accountability, and transparent tracking, we can build more affordable, workforce-focused homes and deliver reliable, sustainable energy and 21st century infrastructure, without weakening environmental protections or public safety.”

“We can talk all day long about increasing capacity on our electrical grid and investing in affordable housing projects across our state, but our words ring hollow until we can get shovels into the ground,” said Senate President Pro Tempore Dave Sokola. “Governor Meyer’s Permitting Accelerator outlines a bold strategy for expediting some of the most critical projects that will put roofs over heads, lower energy costs, and improve quality of life for communities across our state — which is something that the Senate Democrats would welcome wholeheartedly.”

“When Delawareans speak up about the challenges they’re facing, it’s our responsibility to listen and act,” said House Speaker Melissa Minor-Brown. “The pressures families are feeling around energy costs, housing, and infrastructure didn’t happen overnight, and they won’t be solved overnight. But there comes a point where we have to move from conversation to action. That’s exactly what these permitting reforms deliver, and I’m looking forward to seeing the positive impact they will have on Delawareans in every corner of our state.”

“We know we need a variety of housing, from apartments, to townhouses, to single-family homes, rented and sold at a variety of price points to get us out of this housing crisis,” DHSA Director Matthew Heckles said. “Executive Order 18 addresses that issue by creating a smarter, faster permitting system that protects the environment, agriculture and open space, but supports developers with reliable timelines and clear guidelines.”

“This executive order is an important step forward for Delaware,” said Mike Riemann of Becker Morgan Group. “Together, we can begin to peel back unnecessary complexity, and send a clear signal that Delaware is serious about being competitive and open for responsible investment.”

Executive Order 18: Permitting Accelerator

Summary

Delaware’s permitting and regulatory review processes play a critical role in delivering housing, energy, transportation, broadband, and water infrastructure. In recent years, however, state permitting timelines have often stretched 18–24 months or longer, increasing project costs, discouraging private investment, constraining housing supply, and slowing delivery of essential infrastructure. These delays have placed Delaware at a competitive disadvantage relative to neighboring states with more predictable and coordinated review processes.

At the same time, Delaware faces converging challenges:

• Housing affordability pressures, driven in part by insufficient supply;
• Urgent energy needs, including grid reliability, generation capacity, and affordability;
• Smart growth imperatives, requiring development in areas already served by infrastructure; and
• Economic competitiveness concerns, as businesses seek certainty, speed, and coordination from state government.

Executive Order No. 18 establishes a Permitting Accelerator to address these challenges by coordinating agency reviews, prioritizing high-impact projects, accelerating timelines where legally permissible, and improving transparency—without expanding agency authority or weakening environmental, health, or safety protections.

I. GOALS OF THE EXECUTIVE ORDER

The Executive Order is designed to achieve five overarching goals:

1. Accelerate delivery of priority infrastructure—housing, energy, broadband, water/sewer, and mixed-use development—through coordinated and parallel permitting.
2. Reduce uncertainty and delay by establishing clear timelines and agency points of contact, accountability mechanisms, and escalation procedures.
3. Support smart growth by prioritizing infill, growth-area, and infrastructure-ready development rather than greenfield sprawl.
4. Preserve statutory authority and protections, ensuring full compliance with Delaware law, the Administrative Procedure Act, and public participation requirements.
5. Improve transparency and performance tracking through public dashboards, reporting requirements, and measurable metrics.

II. KEY DEFINITIONS

The Order establishes objective definitions to determine which projects qualify for expedited coordination:

• Priority Housing Project: Residential developments meeting minimum density thresholds, affordability requirements, and location criteria.
• Infill Site: Previously developed or surrounded sites, or locations served by existing water and sewer infrastructure, where redevelopment is environmentally and fiscally efficient.
• Priority Energy Project: Projects that expand or modernize energy generation, transmission, distribution, or storage, reduce costs, improve reliability, or facilitate clean and nuclear energy integration.
• Priority Commercial Mixed-Use Project: Developments combining housing and commercial uses in walkable, transit-accessible locations, meeting both density and connectivity standards.
• Priority Broadband Project: Projects expanding high-speed internet to unserved or underserved areas or increasing broadband capacity to support economic development.
• Priority Water and Sewer Project: Infrastructure projects that support planned growth, improve public health, or enhance system resilience.
• Growth Area: Municipal areas or locations designated in adopted plans or by the Governor for concentrated development and infrastructure investment.

III. KEY AREAS OF EXECUTIVE ORDER #18

1. Supporting Needed Energy Production in Delaware
   
   1. This Order directly addresses Delaware’s energy capacity challenges by creating a Priority Energy Project fast-track, with coordinated review across Agencies.
   2. It expedites permitting timelines for generation, transmission, storage, and grid upgrades while maintaining full environmental and safety review.
   3. By clearing backlogs for solar interconnection, advancing battery storage, and enabling nuclear and clean energy projects, the Order improves energy reliability and affordability.
   4. Faster energy permitting directly supports housing, manufacturing, healthcare, and data-intensive industries that depend on dependable power.
2. Advancing Smart Growth and Reducing Sprawl
   1. The Order prioritizes infill sites, growth areas, and infrastructure-served locations, steering development away from sprawl.
   2. It aligns transportation, land use, housing, energy, and water planning—ensuring growth happens where infrastructure already exists or is planned.
   3. Replacing Level-of-Service traffic standards with multimodal safety and access standards supports walkable, transit-oriented communities.
   4. This approach lowers public infrastructure costs and preserves farmland and natural resources.
3. Impact on Housing in Delaware
   
   1. Housing affordability is addressed directly through a Housing Fast Lane that reduces permitting timelines to a target of 120 business days.
   2. Priority Housing Projects must meet objective density and affordability criteria, ensuring faster review is tied to public benefit.
   3. Parallel agency review, a single point of contact, and reduced traffic study requirements remove barriers to building homes.
   4. Faster housing production helps stabilize rents, expand supply, and reduce cost pressures on Delaware families.
4. Importance for Economic Development and Growth
   
   1. Predictable and transparent permitting is one of the top factors businesses consider when deciding where to invest.
   2. The Permitting Accelerator reduces uncertainty, improves coordination, and signals that Delaware is open for responsible growth.
   3. Accelerated broadband, energy, and mixed-use development support workforce participation, downtown revitalization, and rural economic opportunity.
   4. By pairing speed with accountability and data reporting, the Order strengthens Delaware’s long-term competitiveness without sacrificing public protections.
5. Accountability and Transparency
   1. The public dashboard and required reports ensure agencies are measured on results, not just intentions.
   2. Clear deadlines and escalation procedures prevent projects from stalling without explanation.
6. Respect for Law and Local Authority
   
   1. The Order explicitly preserves statutory authority, environmental protections, and local land-use control.
   2. It accelerates process—not outcomes—ensuring decisions remain lawful and defensible.
7. A Coordinated, One-State Approach: By aligning agencies around shared timelines and priorities, the Order replaces siloed review with a whole-of-government approach to infrastructure delivery.