Amended Bond Bill Language | 6.30.25

The root of the problems we’ve faced in Yorklyn is that any developments in the Auburn Valley Master Plan are exempt from New Castle County zoning laws, land use codes, and building codes. In short, the Auburn Valley Master Plan has become a massive loophole that lets developers do whatever DNREC allows. That loophole was originally enabled by the state legislature in 2011, when they added one sentence to the annual bond bill:

“Auburn Valley Project. The implementation of the transportation, stormwater management, demolition, remediation, redevelopment, and parks and recreation element of the Auburn Valley Master Plan shall not be subject to the zoning, subdivision, land use, or building code ordinances or regulations of New Castle County.”

Since January 2025, our group has been fighting to close that loophole. First we called on the legislature and DNREC to remove that sentence from the law. When they refused, we proposed amending that sentence to limit the loophole. You can read more about that process here. 

Some good news: We successfully persuaded DNREC and the legislature to amend the law, even if the change didn’t go far enough. Below is the new language in the bond bill surrounding the AVMP. The part in bold is what DNREC and the legislature were willing to add:

Section 89. Auburn Valley Project. The implementation of the transportation, stormwater management, demolition, remediation, redevelopment, and parks and recreation element of the Auburn Valley Master Plan shall not be subject to the zoning, subdivision, land use, or building code ordinances or regulations of New Castle County. The Auburn Valley Master Plan shall be limited to: any parcels owned by the State of Delaware as part of Auburn Valley State Park; and the following privately owned parcels as identified in the New Castle County property records if there is an approved redevelopment agreement with DNREC: 08-004.00-267; 08-004.00-273; 08-004.00-274; 08-004.00-275; 08-001.00-025; 08-001.00-027; 08-001.00-023; 08-004.00-272; 08-004.00-270; 08-004.00-309 through 08-004.00-352; 08-004.00-278 through 08-004.00-308; 08-008.10-068 through 08-008.10-137; and 08-001.00-026. DNREC will review new AVMP redevelopment projects with New Castle County, will develop a transition plan and timeline for land use decisions of Auburn Valley Master Plan properties to return to New Castle County, and will deliver a report to the members of the Joint Committee on Capital Improvement by April 1, 2026.

What Does This Mean?

While not all of our requested changes were implemented, a few key tweaks were made that we are excited about. 

First and foremost, the addition of individual parcel numbers to this language means that, for the first time, the Auburn Valley Master Plan has an explicit outline. This means that no further parcels can be added secretly or arbitrarily to the AVMP. 

Second, DNREC is required to involve New Castle County in the review process for new projects. This is an important step, given that DNREC has been able to disregard the County and its regulations for 15 years. We hope this will mean that the proposals entertained by DNREC in the future will be at a scale more aligned with what New Castle County’s Unified Development Code would allow to be constructed in this area. 

Finally, DNREC is committing itself to get out of the development business in Yorklyn. By April 1st, 2026, they must develop a transition plan and timeline to return the parcels included in the Auburn Valley Master Plan back to the county. Doing so will close the loophole that has let developers disregard the County’s zoning laws, land use codes, and building codes.

In the coming months, we need to ensure that DNREC follows through on these commitments.

Please stay tuned for updates.