Delaware Pauses State Energy Code Overhaul
Delaware officials have rejected a proposal to implement one of the nation’s most stringent energy codes, which would have required all new homes built after December 31, 2025, to be “zero net energy capable.” The Department of Natural Resources and Environmental Control (DNREC) originally introduced the rule to meet a 2009 state law targeting net-zero residential construction by 2025. However, industry leaders, including the Homebuilders Association of Delaware (HBADE) and the National Association of Home Builders (NAHB), warned that the plan’s aggressive timeline and costs would stall housing development and worsen affordability challenges. Following extensive public comments and testimony, DNREC Secretary Gregory Patterson decided against approving the regulation, acknowledging the lack of cost analysis, insufficient preparation, and unrealistic implementation window.
Secretary Patterson has now directed DNREC to revise the proposal, removing the zero net energy requirement and collaborating with industry and lawmakers to create a more achievable framework in 2026. He emphasized that legislators in 2009 could not have foreseen today’s technology limitations or cost implications for builders. Delaware’s move reflects a broader national trend of states reexamining energy and housing policies to balance sustainability with affordability. For example, California recently paused new residential code updates for six years to reduce construction costs, while Vermont reinstated its 2020 energy code to ease compliance for builders facing rising regulatory burdens.
