Banning Covenants and Deed Restrictions Prohibiting the Use of Wind Systems:
HB 344 was introduced by Representative Oberle with Senator McBride and co-sponsored by Representative Maier and Senator Ennis. The legislation states, "Any covenant, restriction or condition contained in a deed, contract or other legal instrument which affects the transfer, sale or any other interest in real property that prohibits or unreasonably restricts the owner of the property from using a system for obtaining wind energy on this property is void and unenforceable. A covenant is considered unreasonable if it significantly increases the cost of the wind energy system or significantly decreases its efficiency of specified performance." The bill was referred to the House Energy and Natural Resources Committee chaired by Representative Hocker.
HB 306, Overlay Zone Legislation Tabled in Committee:
DAR, along with a coalition of interested parties requested the legislation be tabled to address a series of concerns regarding the need for the legislation and its lack of notification provisions. The Coalition has scheduled a meeting with the Department of Natural Resources and Environmental Control to discuss these issues.
DAR Continues Push on Eminent Domain:
DAR met with the League of Local Governments to discuss its eminent domain proposal and will next brief the Sussex County Association of Towns.
Two Legal Victories:
The Chancery Court ruled the SRA (state resource area) maps are invalid and Farmers for Fairness have been awarded their legal costs in overturning the Kent County Coastal Preservation Zone. DAR was involved in the initial lawsuit where the Chancery Court ruled that the Kent County Levy Court violated state law by mandating 5 and 10 acres minimum lot sizes without proper notice to landowners.
Your Comments Needed On The Revised Delaware Sediment and Stormwater Regulations:
DNREC has been working over the past several months with five Subcommittees to prepare a comprehensive outline for draft regulations. The outline was reviewed by the Regulatory Advisory Committee this week and will be sent to DNREC's consultant to prepare the first working draft of the revised regulations. There are several areas of concern including: a new pre-PLUS meeting on stormwater and whether it is necessary, requiring homeowner associations to escrow the first 25 years of the annual maintenance cost estimate and maintain stormwater systems, the inclusion of drainage in maintenance plans, placing impervious caps on lots, a host of state vs. local jurisdiction issues and countless items which will drive up the cost of homes that may be better achieved in another manner. If you are interested in reviewing the working draft, please contact Charlotte Herbert at 302-734-4444 ext. 12 or
charlotte@delawarerealtor.com.
Source Water Assessment:
The Source Water and Protection Program's Citizen and Technical Advisory Committee (CTAC) met to review the status of municipal source water ordinances and to receive reports on several initiatives. Two studies are currently being conducted which will provide information for individuals and governments to use in the future in dealing with source water issues. The first study by the Delaware Geological Survey is looking at Sussex County groundwater availability and the second study is on rapid infiltration basin systems (RIBS). A presentation was also given by the U.S. Environmental Protection Agency on the Source Water Collaborative. For more information, contact Doug Rambo, Hydrologist, Water Supply Section at DNREC at 302-739-9945.
April is Fair Housing Month:
DAR President Donald P. Ash will be joining Governor Ruth Ann Minner, the State Human Relations Commission and Housing Opportunities of Northern Delaware on April 1st to proclaim April as Fair Housing Month. Check out your local association or board that is sponsoring a series of diversity and other related programs next month.
The 15th Annual Fair Housing Training Conference:
This year's conference will be held on Thursday, April 17th at Dover Downs and will feature the theme of
Fair Housing: Keepers of the American Dream in the Face of Mortgage Foreclosures. Registration Deadline is April 10th. For more information please contact Barbara Haigh and the Division of Human Relations at 877-54-HUMAN.
NAR ACTION CALL:
Tell your Members of Congress that you support a permanent FHA loan limit increase! Log on to the REALTOR
® Action Center at
www.realtoractioncenter.com and sign up to send automatic messages to Senators Biden and Carper and Representative Castle.
Please come help us show that REALTORS
® are a force in Delaware; that we are committed to advancing proposals that help ensure affordable housing and protect private property rights and we will stand loud and strong against any effort that undermines these important tenants.
You will have an opportunity to meet with legislators in an informal setting, be briefed by key Senate and House leaders, visit one-on-one with your legislator and join your fellow colleagues at DAR for its annual Legislative Reception attended by members of the General Assembly and their staff. Register at www.delawarerealtor.com.
A BIG THANK YOU:
Thanks to everyone who responded to DAR's action alert opposing efforts to increase the real estate transfer tax! DAR has already heard from many members of the General Assembly responding to your opposition. Keep up the great work. If you have not already contacted your Senator or Representative, DAR has added a
sample letter to the website in addition to a
fact sheet that provides a series of talking points.
