Sussex County Council does not like someone stepping on their authority in land use matters and they’re going to do something about it.

At the Nov. 18 meeting, the council came out of an executive session and voted 3-1 to enter into litigation with the Delaware Department of Natural Resources and Environmental Control, challenging the department’s recent Pollution Control Strategies for the Inland Bays, presented in October. The strategies focus on buffers, stormwater controls and septic systems, as well as increased implementation of voluntary agricultural practices.

George Cole (R-Ocean View) voted against the action.

“I think it would be embarrassing for Sussex County to take legal action against a state agency trying to protect [the environment],” Cole said.

Lynn Rogers (D-Milton) voted in favor, saying even the Legislature was not in full support of the strategies. Councilmen in support of the litigation felt the agency was entering into the county’s turf.

“Our county councilmen are generally careful whenever they see a state agency overstepping their boundaries on land use authority,” said Hal Godwin, deputy county administrator. “The county has the authority to make land use decisions – not the state.”

Council elected to have county administrator David Baker challenge DNREC’s authority in the matter.