Sussex County may count stormwater ponds as open space — and HOAs maintain the ponds
Sussex County may count stormwater ponds as open space — and HOAs maintain the ponds
2026-08-14 · Delaware · Regulation · Pending — not yet law
Sussex County is considering an amendment that would let naturally designed stormwater retention ponds count toward a developer's open-space obligation. In Sussex County, the entity that maintains those ponds afterwards is usually the homeowners association.
This is pending, not law. The county lists the Open Space Amendment with a status of Pending Vote and a last recorded action date of May 19, 2026.1
What is proposed
An ordinance amending Chapters 99 and 115 of the Code of Sussex County to redefine open space and fold open-space requirements into the application and approval process in residential zoning districts.
Reported elements of the proposal:
- Stormwater ponds would qualify as open space only if designed with natural features and gentle slopes
- Clubhouses, tot lots, narrow strips of grass between buildings, and grass between sidewalks and streets would not count unless specifically listed
- Open-space percentages differing between growth areas and rural areas — with 50% in rural areas consistently reported, and the growth-area figure reported as both 30% and 35% at different stages of the process
- “Superior design” standards, and encouragement of native plantings, pollinator areas and low-mow landscaping
We are flagging the growth-area percentage as unsettled rather than picking one. Cape Gazette reported 35% at the April Planning & Zoning stage; a later account gave 30%. The ordinance text is the authority and we could not retrieve it — the county publishes it as a PDF the page links but does not render.2
There is also disagreement on the council itself. Council Vice President John Rieley is reported as saying a dry pond for stormwater management should not be considered open space.
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Related Delaware HOA Topics
- Sussex County — Open Space Amendment page: status “Pending Vote,” last action Tuesday, May 19, 2026 (ordinance text published as a linked PDF) ↩
- “Sussex P&Z backs four ordinances to improve housing projects,” Cape Gazette, April 17, 2026 — Planning & Zoning action April 15, 2026; open space, plat and interconnectivity, rental program, subdivision rules ↩
- Sussex County — ordinances index, listing Open Space Amendment and Cluster Subdivision Ordinance as Pending Vote ↩
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