Wilmington's Landscaping Rules: The Rules That Matter

Every city handles landscaping rules a little differently. In Wilmington, Delaware, there are 3 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Tree Removal & Heritage Trees

Remove a Wilmington street tree under a city permit and you must grind the stump, haul the wood, and plant a 2-inch-caliper replacement within six months.

Key details: Replacement caliper: 2 inches minimum. Deadline: Within 6 months of removal. Stump handling: Ground and removed. City-removed trees: At least 2 replacements planted. Administering agency: Dept. of Public Works.

Skipping the required stump grinding, wood removal, or replacement planting is enforced as a violation of City Code ch. 46, art. II by the department of public works and department of licenses and inspections, with penalties under § 46-36 (misdemeanor, fines of $100 to $1,000).

Weed Ordinances

Wilmington caps weeds and grass at eight inches on private lots and four inches in curb and sidewalk cracks along public rights-of-way, with owners liable for growth on land they own.

Key details: General height limit: 8 inches. Right-of-way crack limit: 4 in. height / 6 in. width. Residential penalty: $50, doubles after 30 days. Commercial/apartment penalty: $250, doubles after 30 days. Enforcing agency: Licenses & Inspections / Public Works.

A $50 civil penalty for residential owners ($250 for apartment and commercial properties) that doubles if unpaid after 30 days; each 24-hour period of continued violation draws a separate citation.

Tree Trimming

Property owners along Wilmington streets must prune and maintain any tree on or overhanging the public right-of-way, and a city permit is required before pruning or removing a street tree.

Key details: Governing section: City Code § 46-30(a). Permit needed: Written DPW permit before pruning street trees. Enforcing agency: Public Works and Licenses & Inspections. Max fine: $1,000 per violation. Who's responsible: Abutting property owner.

Ignoring a compliance order brings a misdemeanor charge under § 46-36(a): a fine of at least $100 for each 1-to-7-day period of violation, capped at $1,000 per violation.

The Bottom Line

Wilmington's landscaping rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Wilmington is broadly strict or permissive.

Keep in mind that Wilmington can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.