New Castle County, DE Animal Ordinances: Bird Protection (2026)
Key Facts
- Applies to
- County park land only
- Enforced by
- Dept. of Public Works, Land Use, Public Safety
- First-offense fine
- At least $100
- Exception
- DNREC-approved controlled deer hunts
Summary
In County parks it's illegal to trap, shoot, poison, injure or disturb any wild bird or destroy its nest, though the County Executive may allow controlled deer hunts on DNREC's recommendation.
No person shall, in any park, set a trap, snare, shoot, injure, annoy, disturb or poison any wild animal or bird or injure or destroy any nest. When deemed necessary by the State Department of Natural Resources and Environmental Control, Division of Fish and Wildlife, the County Executive may permit controlled hunting to maintain a healthy deer population at County facilities.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5).
Full Breakdown
New Castle County Code § 24.01.011 bars anyone in a County park from setting a trap or snare, shooting, injuring, annoying, disturbing or poisoning a wild bird, or destroying a nest. The rule sits in Chapter 24 (Parks and Recreation) and only reaches land the Department of Public Works administers as County parkland: it's not a countywide bird-protection law, and it doesn't reach the City of Wilmington or the City of Newark, both of which run their own municipal parks and codes outside this file. The same section separately lets the County Executive authorize controlled deer hunts at County facilities when DNREC's Division of Fish and Wildlife deems it necessary for herd management.
Violations & Fines
A first conviction under Chapter 24 draws a fine of at least $100; a second within 12 months runs $125–$500; a third or later can reach $1,000, 30 days in jail, or both (§ 1.01.009), and Public Works may also revoke the violator's park permits.
Frequently Asked Questions
Does this cover birds outside County parks?
Does this apply in Wilmington or Newark?
Sources & Official References
Other rules in New Castle County
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