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Kent County, DE Accessory Structures: ADU Owner Occupancy (2026)

Significant Restrictions

Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Rule: One dwelling unit must be owner-occupied
Paperwork: Declaration recorded before permit issues
Citation: Kent County Code § 101-3.D
Applies to: Either the principal home or the ADU
Adopted: September 26, 2023, Ord. No. 23-20

Summary

Kent County Code § 101-3.D requires that "one dwelling unit on the property shall be owner-occupied" wherever an accessory dwelling unit is built, and a signed, recorded declaration of that land use restriction must be on file before the county issues a certificate of use or building permit for the ADU.

These county ordinances apply to unincorporated areas of Kent County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

D. One dwelling unit on the property shall be owner-occupied. A notice and declaration of land use restriction to this effect shall be signed and recorded prior to issuance of a certificate of use and/or building permit for the accessory dwelling unit.

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Full Breakdown

Section 101-3 of the Kent County Code, part of the ADU chapter adopted September 26, 2023 by Ord. No. 23-20, sets the general conditions for accessory dwelling units. Subsection D states in full: "One dwelling unit on the property shall be owner-occupied. B limits every property to a single ADU, in practice the owner-occupancy rule means either the principal dwelling or the ADU, but not neither, must house the property owner. The declaration is recorded in the land records before the Department of Planning Services will issue the certificate of use or building permit needed to construct or occupy the unit, giving future owners and title searchers formal notice of the restriction. E). F.

Violations & Fines

Building or occupying an ADU without the recorded owner-occupancy declaration is a Chapter 101 violation, which § 90-8 makes subject to Kent County's ticketing system: $100 for a first offense, $200 for a second, $300 for later offenses within a year, doubling if unpaid within 30 days. An owner not in good standing under § 90-12 can be denied further building permits until the violation is corrected.

Frequently Asked Questions

Do I have to live in my Kent County ADU or main house?

Yes. Section 101-3.D requires that one of the two dwelling units on the property, either the principal home or the ADU, be owner-occupied, and you must sign and record a declaration of that restriction before the county issues a building permit or certificate of use for the unit.

Can I rent out my Kent County ADU if I live in the main house?

The code does not separately address renting; it only requires that one of the two units be owner-occupied under § 101-3.D. As long as you continue occupying the principal dwelling or the ADU yourself, the recorded declaration is satisfied.

If I sell the property, does the owner-occupancy rule still apply?

Yes. Section 101-3.D requires the declaration to be recorded against the property, not just the original owner, so the owner-occupancy restriction runs with the land and binds subsequent owners until the county record is changed.

Sources & Official References

[1]Kent County Code, Chapter 101, Accessory Dwelling Units (ecode360)

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