Rural Subdivisions Have a Statewide Impact
These three subdivisions alone would be a cause for concern, but in recent years development activity in rural areas has become an alarming trend. Since February of 2004, over 15,000 new housing units have been proposed in large subdivisions in Investment Level 4 areas. (50 or More Units) To put this into perspective, in the year 2000 the only Delaware town or city with more total housing units was Wilmington with 32,138 units. Dover contained approximately 13,000 housing units and Newark contained just over 9,000 housing units in the year 2000. If all of the proposals in just the past year and a half are approved and built, it will mean scattering a residential population larger than Dover's randomly throughout the rural areas of the state. Yet these residents will have to do without the infrastructure and services that people depend upon in developed communities.

Despite the best efforts of local governments to protect their rural and agricultural areas, current development pressures have overwhelmed local land use ordinances. The need for State legislation to curb this trend has become clear. The Delaware Code has long recognized that there is a legitimate State interest and public purpose in managing the "development, utilization and control of land, water, underwater and air resources of the State to ensure that there are adequate supplies of these resources for domestic, industrial, power, agricultural and other beneficial uses." (7 Del. Code '6001) The Delaware Code obligates State Government to manage and balance the use of these resources for the public good. The citizens and local governments of Delaware have helped define that public good from a land use perspective by preparing and adopting comprehensive land use plans that have been certified by the State. The challenge has been developing effective tools to achieve that vision.

For many years the State government has actively pursued a proactive approach to protecting our rural landscapes. The historic Coastal Zone Act, passed under Governor Peterson's leadership in 1971, prohibited major industrial development along Delaware's fragile bay coastline. In recent years the State has invested heavily in agricultural preservation and natural resource conservation. The Agricultural Land Preservation Foundation has invested over $88 million of public money since its inception to purchase easements in agricultural areas. This program has protected almost 80,000 acres of agricultural lands, making Delaware a leader in the nation. (Farmland Preservation in Delaware, Delaware Dept. of Agriculture) The State's open space program has also made many important acquisitions of significant natural resource areas. These investments have been complimented by investments by the Federal government and private conservation organizations. The State has an obligation to protect and enhance our investments in Delaware's working landscape and natural heritage, but with the advancing trend of suburban development it is clear that our proactive approach is not enough.

Suburban developments in rural areas have many negative consequences that threaten these investments, and threaten the entire agricultural economy and natural resource base that define Delaware's character and quality of life. Suburban developments in rural areas fragment natural habitat. Wildlife relies on continuous and connected habitat corridors and a network of ecological features to survive. Construction activity for housing development and the new residents themselves often conflict with the needs of wildlife in rural areas. Suburban development impairs water quality in ground and surface waters. Septic systems (individual and community) can pollute groundwater if not properly maintained, and development in rural areas is often too remote to have access to public sewer services. Housing developments increase overall imperviousness in watersheds by adding roads and rooftops to previously rural areas. Studies have shown that water quality is degraded once a watershed exceeds 10 percent of total imperviousness, so each and every new development degrades the quality of waterways that are already saddled with pollution. (Holland, H.K. & Schuler, T.R. (2000). The Practice of Watershed Protection, pp. 7-18, 145-161.)

The effects of suburban development on the agricultural industry are equally severe. Modern agricultural practices require large, contiguous parcels for efficiency and profitability. Scattered residential developments fragment farmland, and new residents often complain about the dust, noise and odors associated with agricultural practices. Farm equipment must use rural roadways to access fields. Suburban traffic introduced to rural areas is an impediment to farm operations and is a dangerous mixture of traffic patterns that can lead to accidents. We've already seen that agricultural practices and suburban residents often have conflicts, a fact that threatens the viability of the industry with the approval of each and every subdivision.

Along with its effects on habitat, water quality, and the agricultural industry, scattered residential developments negatively impact the state's air quality. Delaware is currently a non-attainment area for air quality according to the Federal EPA. This term refers to areas that exceed air pollution levels that are deemed safe by the Federal government, and thus pose serious health threats to those who breathe this polluted air. A recent report by DNREC detailed the health threats posed by pollutants in our air, and linked our air quality problems to Delaware's high cancer rate. (Montgomery, J. (2005, August 16). Delaware's air a toxic mix of chemicals, state study says. News Journal, p. A1, A9; Delaware Air Toxics Assessment Study (2005). State of Delaware.)

Emissions from individual vehicles such as cars and trucks are the largest contributor to our air quality problems, and one of the most challenging to address. Local governments and State transportation planners struggle to plan effective roads, pedestrian ways, and transit systems to reduce the amount of vehicle miles traveled each year. Each rural subdivision makes these efforts more difficult because residents in remote areas must drive many miles to fulfill daily needs. Considering that the average household makes 10 vehicle trips per day, these large subdivisions of hundreds or thousands of homes can contribute a significant amount of traffic and air pollution.

Fiscal responsibility was another important factor that underscores the need for this legislation. Delaware is unique in that the State funds the majority of infrastructure and public services that support new development and future residents. Given our limited resources, it is a challenge to keep up with the needs in our municipalities and designated growth areas. In fact, this year the Department of Transportation has been forced to put on hold many needed transportation improvements in order to reevaluate funding mechanisms that have been outstripped by recent rapid growth. Suburban subdivisions scattered throughout our rural areas seriously threaten the ability of the State government to provide needed infrastructure and public services such as roads, transit, schools, and police protection where they are needed most. This is because the residents in the rural subdivisions will demand the same services, but will be located in scattered and remote locations that will be impossible to serve efficiently or effectively. The overall impact will be a degradation of the quality and an increase in the cost of those services statewide. All Delawareans will feel the long term effects of poor land use decisions made today.

Delaware's Paratransit service for the disabled and the elderly provides an example. Our service is the most generous in the nation, providing qualified riders with door to door service, by reservation, statewide. A recent Delaware State News article discussed the rising cost of this program. Many people moving to Delaware, especially to Sussex County, are retirees. Anyone over the age of 65 is eligible to use the service. DART, the transit agency that runs the service, has been receiving 200 applications a month from citizens wanting to use paratransit services, and there has been a 15 percent increase in the number of trips this year. While passengers only pay $2 for a one way trip, the trip costs, on average, $27.13. As the over-65 population continues to grow, and if development continues to sprawl into rural areas, this will continue to put a strain on the State's limited transportation dollars.