Sussex County, DE Animal Ordinances: Chickens & Livestock (2026)
Key Facts
- Governing section
- § 115-20A(8), permitted personal-use keeping
- Lot-line setback
- at least 50 feet for animal buildings
- Dwelling setback
- at least 100 feet from off-site dwellings
- Business restriction
- personal enjoyment only, not commercial
- Small-animal accessory use
- § 115-21B, no five-acre threshold
- Penalty
- up to $100 fine per day of violation
Summary
In Sussex County's AR-1 and AR-2 districts, keeping horses, ponies, cattle, sheep, goats, hogs or poultry for personal enjoyment is a permitted use under Section 115-20A(8), but any building housing the animals must sit at least 50 feet from lot lines and 100 feet from a neighbor's dwelling.
Stable structures or feed lots, private, or keeping and feeding of horses, ponies, cattle, sheep, goats, hogs or poultry for personal enjoyment and not as a business, provided that any building for keeping of animals shall be located at least 50 feet from any lot lines and 100 feet from any dwelling not on the premises.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4401089; v17 updated 2025-06-17; through 06-17-2025).
Full Breakdown
' The 'not as a business' language is the dividing line in the code: personal-use keeping of these animals is a permitted use requiring only compliance with the setback, while commercial-scale keeping shifts into the farm-specific standards of Section 115-20B, which apply on farms of five acres or more and add distance requirements scaled to the type of operation, such as commercial poultry-raising structures sitting at least 50 feet from boundary lines and 200 feet from a UB, B-1 or residential district boundary or off-site dwelling, and commercial feed lots for cattle, sheep or hogs sitting at least 100 feet from boundary lines with the same 200-foot residential buffer.
Section 115-21B separately allows, as an accessory use available without a five-acre farm, the 'keeping of small animals, insects, reptiles, fish or birds, but only for personal enjoyment or household use and not as a business,' which covers smaller-scale keeping like a backyard coop that does not rise to the stable-structure or feed-lot scale addressed in Section 115-20A(8). Commercial dog kennels are addressed separately in Section 115-21A(2) and Section 115-23, requiring open pens, runs or cages to sit at least 200 feet from any lot lines.
Violations & Fines
Keeping livestock or poultry in a building closer than the 50-foot lot-line or 100-foot dwelling setback in Section 115-20A(8), or operating a for-profit livestock operation without meeting the Section 115-20B commercial distance standards, is a Chapter 115 violation under Section 115-229: a misdemeanor punishable by a fine of up to $100, with each day of the violation treated as a separate offense.
Frequently Asked Questions
Can I keep chickens on a regular residential lot in Sussex County's unincorporated area?
How far from my property line does a horse stable have to be?
Do commercial livestock operations follow the same setbacks as backyard keeping?
Sources & Official References
Other rules in Sussex County
How Sussex County compares: Best Cities for Backyard Chickens·Compare Sussex County to another location·View the Delaware animal ordinances overview
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