2025 Delaware Code
Title 29 - State Government
Chapter 92. LAND USE PLANNING
Subchapter II. Pre-application Reviews
§ 9205. State agency authorities, roles and responsibilities.

(a) All state agencies shall participate in the pre-application review process if requested by the Office of State Planning Coordination and shall provide such assistance and advice as requested by the Office of State Planning Coordination.

(b) In special circumstances, the Office of State Planning Coordination may waive the pre-application requirements of this chapter. Where such waiver is granted, the Office of State Planning Coordination shall provide a written explanation of the causes for the waiver to the relevant local jurisdiction and the applicant. These circumstances may include, but are not limited to, local governments that impose a more stringent review of projects enumerated in § 9203(a) of this title than required by this chapter, or for projects which will provide an extraordinary benefit to the State and the local jurisdiction through economic development, job creation, educational opportunities, public services or facilities, agricultural preservation or protection and enhancement of the natural environment.

(c) In order to more effectively coordinate with the local land-use process, the Office of State Planning Coordination shall, through a memorandum of understanding agreed to by both parties, exempt the local jurisdiction from the provisions of this chapter or modify the pre-application review process specified herein when the local jurisdiction has a Certified Comprehensive Plan and imposes a more stringent review of projects enumerated in § 9203(a) of this title than required by this chapter.

(d) The Office of State Planning Coordination shall coordinate, where possible, the other state review processes including but not limited to the transportation agreements specified in Title 9, and other state land use review and permitting processes.