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HB431 • 2025

AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO COMPOSTING.

AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO COMPOSTING.

Agriculture Land
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Bush
Last action
2026-05-20
Official status
House Agriculture 5/20/26
Effective date
Not listed

Plain English Breakdown

The official source does not provide details about enforcement mechanisms or consequences for non-compliance with zoning regulations.

Delaware Act to Allow Composting

This act allows composting on agricultural land and sets minimum space requirements.

What This Bill Does

  • Allows composting of yard waste, food residuals, and other organic materials on properties zoned for agriculture.
  • Requires county governments to allow at least 5000 square feet per 4 acres for composting activities.

Who It Names or Affects

  • People who own agricultural land in Delaware
  • County governments in Delaware

Terms To Know

Composting
The process of breaking down organic materials like food scraps and yard waste into a soil-like substance.
Agricultural zoning
Land use designation that allows farming and related activities, but not other types of development.

Limits and Unknowns

  • The bill does not specify what happens if someone wants to compost on land that is not zoned for agriculture.
  • It's unclear how counties will enforce the minimum space requirements.

Bill History

  1. 2026-05-20 Delaware General Assembly

    Introduced and Assigned to Agriculture Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO COMPOSTING.
This Act allows for the composting of yard waste, food residuals, and other organic materials on property zoned for agricultural purposes. County governments may limit the square footage allowed for this activity, but must allow for at least 5000 square feet per 4 acres of property.

Current Bill Text

Read the full stored bill text 
Legislation Document

SPONSOR:

Rep. Bush & Sen. Hoffner

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 431

AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO COMPOSTING.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Subchapter I, Chapter 3, Title 9 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 322. Composting.

(a) The diversion and composting of yard waste, food residuals, and other organic materials for commercial purposes must be allowed on properties zoned for agricultural purposes.

(b) County governments may limit the square footage of activity allowed under subsection (a) of this section, but must allow for at least 5000 square feet per 4 acres of property.

SYNOPSIS

This Act allows for the composting of yard waste, food residuals, and other organic materials on property zoned for agricultural purposes. County governments may limit the square footage allowed for this activity, but must allow for at least 5000 square feet per 4 acres of property.