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Delmarva’s legal power forces 2 villages to vacate laws banning new electricity towers

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Delmarva’s legal power forces 2 villages to vacate laws banning new electricity towers


What are journalists missing from the state of Delaware? What would you most like WHYY News to cover? Let us know.

Efforts by two tiny bucolic villages in northern Delaware to thwart Delmarva Power’s plan to replace high-voltage transmission lines have crumbled under a lawsuit filed by the state’s dominant electricity provider.

Ardentown and Ardencroft, whose roughly 500 residents live in a self-proclaimed
“forest ecosystem” of mature woodlands and open spaces known as “greens,” object to the looming replacement of seven tall metal towers, one more than 100 feet high, that were built a century ago on what was then farmland.

The existing towers traverse about a half-mile of mostly hilly terrain through the two towns, with some located between the backyard of homes in a Delmarva right-of-way. Their replacement with galvanized steel structures designed to withstand hurricane-force winds is part of Delmarva’s 4.5-mile upgrade that’s aimed at improving reliability service for 13,000 customers while reducing the frequency and duration of outages.

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But the village’s governing assemblies contend the project will tarnish the lush enclave by clear-cutting trees and disrupting lead-contaminated soil beneath the towers. They want the project rerouted about a quarter-mile away, near railroad tracks where Delmarva already has some towers. WHYY News detailed the controversy in January.

The yellow line shows the current stretch of towers and electric cables, and the blue line shows the railroad tracks where Arden leaders want them moved. (Courtesy of Ben Gruswitz)

In a bid to stymie Delmarva, Ardencroft banned new transmission lines and towers last year, and approved an annual impact fee for existing transmission infrastructure. In March, the town sent Delmarva a $12,833.17 impact fee bill for 2025.

Earlier this year, Ardentown formally entered the fray, prohibiting transmission towers and poles from exceeding 100 feet in height, with fines of $1,000 per day for violations. Ardentown also banned new transmission lines or tower infrastructure of 60 kilovolts or more within 100 feet of any home, with fines of $1,500 per day for violations.

Delmarva’s existing lines and towers, both Ardentown ordinances said, have “caused almost 100 years of unnecessary harm and avoidable risk to our village.”

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In response to the villages’ laws and fees, Delmarva fired back on Oct. 31 against Ardentown — but not Ardencroft — in Delaware’s Chancery Court, which is recognized internationally for its ability to resolve business and corporate disputes.

Delmarva’s suit asked the court to invalidate Ardentown’s new laws and order the town to pay its legal bills. The 27-page filing accused the town of exceeding its legislative authority by violating the village’s 1926 contract with predecessor American Power Company that allows the lines, the Delaware Public Service Commission’s authority to regulate utilities and Delmarva’s constitutional property rights.

“The 1926 Ardentown Easement does not limit the height of the towers/poles located in the Ardentown Easement Area, nor does it limit the voltage carried by the transmission lines,” the lawsuit said.

three photos of transmission towers
The century-old transmission towers Delmarva Power wants to replace are up to 95 feet high, and a weathered “danger” sign warning of “high voltage” is attached to a century-old transmission tower. (Cris Barrish/WHYY)

The lawsuit added that the easement “gives Delmarva Power, among other things, the right to ‘repair and renew said poles, towers, structures, fixtures, and wires.’”

None of the current towers are higher than 100 feet, according to the lawsuit, but all of the proposed ones are, and the law was only enacted after Delmarva shared details of its “long-planned improvements” with town leaders.

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“At their core, the ordinances are nothing more than a ‘not in my backyard’ attempt to force Delmarva Power to re-route its existing transmission line away from Ardentown and through other communities,” the lawsuit said.

Noting that the project’s completion deadline is the end of 2026, the lawsuit said that failing to finish by then “risks real-time operational reliability problems, including outages to a large number of customers or higher energy costs to customers.”



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New Castle County Council finally votes on data center regulations

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New Castle County Council finally votes on data center regulations


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  • New Castle County approved data center rules that will not apply to Project Washington.
  • It came after hours of public comment and council compromise.
  • The ordinance restricts water usage and creates buffers between data centers and residential areas.

New Castle County Council approved regulations on the development of data centers Tuesday night.

They won’t apply to the massive proposed data center complex of Project Washington, which continues to fight through state-level objections.

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The County Council meeting was standing room only. The crowd of both construction workers supporting the legislation and community members opposing it spread into the lobby of the Louis Redding City/County Building.

The ordinance requires data centers to have a closed-loop water cooling system to limit its water use and creates a 1,000-foot buffer between data centers and residential areas, with an exception for 500-foot buffers if a development can follow noise regulations. It also defaults to existing county limits on noise and lighting levels.

A unanimously approved amendment from Pike Creek representative Timothy Sheldon clarified that these new regulations count for applications submitted after this gets adopted and approved by County Executive Marcus Henry, unless an existing applicant requests to follow these new regulations.

It passed with 12 ‘yes’ votes, with Councilmember Jea P. Street absent from the vote itself.

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This was the only amendment left standing. An amendment from Janet Kilpatrick, representing Hockessin, would have grandfathered existing data centers from the ordinance, clarifying that any pending proposal in the county wouldn’t be affected. Another amendment, from Claymont representative John Cartier, would’ve made the ordinance retroactive to count for Project Washington and others. Both were withdrawn at the meeting in a council compromise.

Project Washington’s plans north of Delaware City kicked local data center dialogue into high gear in 2025. The data center project would include 11 two-story data center buildings surrounded by electrical fields on two large land parcels accessible by Hamburg Road, Governor Lea Road and River Road.

It would be 6 million square feet of data center running 24 hours a day, seven days week.

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The project’s developer, Starwood Digital Ventures, pledges job creation and and a colossal injection of tax revenue into the coffers of the county and Colonial School District. They said this will bring about 3,500 construction jobs and retain 700 permanent jobs to keep the facility up and running.

County Council member Dave Carter has spent months drafting the regulations that were voted on during this meeting. This is substitute number three on the original bill from August 2025, including compromises on noise and lighting restrictions. Carter wants sensible data center regulation in the county, and he told Delaware Online/The News Journal in March he thinks Project Washington is a “bad deal” for the state.

He thinks the potential demand on the state’s already strained electrical bid will hurt residents’ bills. He also disputes the developers’ promises on permanent jobs and tax revenue.

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“We just have to really be cognizant and thoughtful and make sure that we are ensuring that we protect our communities, and that we manage these things well if they are coming,” Carter said at the meeting.

It hasn’t been an easy sell to the rest of County Council. Council member Janet Kilpatrick, who represents Hockessin, wanted consistent regulations on lighting and noise levels to avoid scaring off potential business. Data centers have sprung up across the country as the highly demanding AI industry exploded in popularity.

“If we don’t have some stability, these people are not going to be able to go through a lender to get money, and so that means that they leave, and I’m sure that there’s a group of people in this room that would love to see them leave, but that’s not how we build economic development,” she said at the meeting. “Part of what we need, in my mind, in economic development is that we have a stable land use code.”

Although this doesn’t apply to the controversial Project Washington, County Council will still have a say on the re-zoning of half of the project’s land. The County Board of Adjustment will also have to approve its electrical switch station, Culver said.

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At the meeting, residents showed up with mainly negative comments for Project Washington. But, members of trade unions showed up in support of the project’s potential to create construction jobs.

Starwood Digital Ventures will continue to move through the approval process with no changes to Project Washington, according to Jim Lamb, who is handling media for the project.

“We’re really happy there’s a consensus within the council and it’s a really great opportunity for the residents of New Castle County,” Lamb said Tuesday night.

Now this goes to County Executive Marcus Henry’s office, who can sign or veto these regulations.

Half of Project Washington’s proposed land still needs a re-zone, which requires council approval. The project was stifled by DNREC, who ruled the proposal’s size, use and backup diesel generators violate the decades-old Coastal Zone Act.

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Starwood Digital Ventures disagrees, and filed and appeal, saying the state environmental agency didn’t classify the project correctly and said it “solely focuses on alleged environmental risk and worst-case emissions, and does not fairly weigh or explain these countervailing factors in light of regulating criteria.”

The appeal’s hearing is in Dover and begins on March 24.

Shane Brennan covers Wilmington and other Delaware issues. Reach out with ideas, tips or feedback at slbrennan@delawareonline.com.



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Coast Guard Responding to Large Barge Fire in Delaware Bay

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Coast Guard Responding to Large Barge Fire in Delaware Bay


The U.S. Coast Guard and multiple partner agencies are responding to a barge fire in Delaware Bay on Tuesday after a tug reported that the vessel it was towing had caught fire.

According to the Coast Guard, watchstanders at Sector Delaware Bay received a call at approximately 8:20 a.m. from the tug Douglas J, reporting that the barge under tow was on fire. The barge was reportedly carrying scrap metal.

Authorities are towing the burning barge to a position about two miles off Maurice River Cove, New Jersey, in an effort to move the incident away from the main shipping channel while firefighting operations continue.

The Coast Guard has established a safety zone and issued a Broadcast Notice to Mariners as crews work to contain the fire and reduce potential hazards to vessel traffic in the busy port complex. Multiple fire departments have deployed fireboats to assist with suppression efforts.

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No injuries have been reported and the cause of the fire remains under investigation.

Responders from Coast Guard Station Philadelphia, Coast Guard Station Cape May, and Coast Guard Air Station Atlantic City have been deployed to assist. Partner agencies on scene include the Wilmington Fire Department, Delaware City Fire Department, Philadelphia Fire Department, New Jersey Office of Emergency Management, and Delaware Emergency Management.

The incident follows another major barge fire in the Delaware Bay region in 2022, when a barge carrying scrap household appliances burned for approximately 26 hours in what officials described as the largest firefighting operation in Delaware state history.

Response operations for the current fire remain ongoing.

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DMV in Minquadale, Delaware reopening months after trooper’s death

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DMV in Minquadale, Delaware reopening months after trooper’s death


Tuesday, March 10, 2026 9:34AM

Minquadale DMV reopening Tuesday

MINQUADALE, Del. (WPVI) — The DMV in Wilmington, Delaware is reopening at 8a.m. Tuesday.

This comes after the deadly shooting of State Trooper Matthew “Ty” Snook, 34, in December 2025.

A man walked into the facility and shot and killed Snook.

The DMV said service at the Wilmington location will be by appointment only for now. The Delaware City, Dover, and Georgetown DMV locations will continue to offer walk-in service to customers.

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