Delaware Senate Passes Bill that Could Override County’s Permit Denial to US Wind

The Delaware State Senate has passed a bill which would allow US Wind to continue planning its onshore substations for the Maryland offshore wind project in Delaware’s Sussex County, whose council denied US Wind the permit last year.

Senate Bill 159, introduced in the Delaware Senate on 21 May and discussed by the Senate Environment, Energy & Transportation Committee, prohibits counties from rejecting permits for onshore electrical infrastructure built in a heavy industrial zone that is part of renewable energy projects.

According to bill details on the Senate’s website, Senate Bill no. 159 has now been assigned to the Natural Resources & Energy Committee in the House, whose hearing will take place within twelve legislative days.

Since the bill, if enacted, would be applicable retroactively, it would override the decision made by the Sussex County Council in December 2024 to deny the permit for US Wind’s onshore substations at its preferred site.

The developer plans to build the substations next to the Indian River Power Plant near Dagsboro and connect the Maryland offshore wind farm to the regional electric grid at Delmarva Power and Light’s Indian River substation.

The export cables would land underneath 3R’s Beach parking lot in the Delaware Seashore State Park, from where they would run under the Indian River Bay and exit at the substation site.

At the beginning of December 2024, US Wind got approval from the Delaware Department of Natural Resources and Environmental Control (DNREC) for three permit applications to connect the offshore wind project to the grid in Sussex County: Subaqueous Lands Permit, Wetlands Permit, and Beach Preservation Coastal Construction Permit.

The US Bureau of Ocean Energy Management (BOEM) approved the Construction and Operations Plan (COP) for US Wind’s Maryland offshore wind projects in December 2024.

The development, as approved by BOEM and concerning the entire lease area, is planned to comprise up to 114 wind turbines, up to four offshore substations and four offshore export cables that run from the lease area to shore, and up to three onshore substations.

US Wind was awarded offshore wind renewable energy credits (ORECs) by the Maryland Public Service Commission (PSC) in 2017 and 2021, supporting more than 1,056 MW across two projects.

In January this year, under a law introduced in May 2024, the developer was approved to sell 6,966,836 MWh of offshore wind energy to Maryland annually, paving the way for US Wind to install 1,710 MW of offshore wind capacity and build the Maryland project in four phases.