Kent County, DE Building Setbacks & Zoning: Setback Rules (2026)
Key Facts
- Front setback (outside Growth Zone)
- 30 ft subdivision street, 40 ft other roads
- Side setback
- 15 feet
- Rear setback
- 30 feet
- Inside Growth Zone Overlay
- Front 20 ft (18 ft RM), side 5, rear 10
- Enforcing agency
- Division Head of Inspections and Enforcement
- Penalty
- $100-$1,000 fine per day, up to 10 days jail
Summary
In Kent County's unincorporated areas outside the Growth Zone Overlay, residential lots must keep principal structures 30 feet from the front subdivision street, 15 feet from side lines, and 30 feet from the rear line under Zoning Code Section 205-82.B. Front setbacks jump to 40 feet on any road that is not a platted subdivision street, per Section 205-82.C.
B. Setbacks. (1) Front (subdivision street): 30 feet. (2) Side: 15 feet. (3) Rear: 30 feet. C. Front setbacks from nonsubdivision streets shall be 40 feet.
Full Breakdown
Kent County splits residential zoning into two overlapping regimes depending on whether a parcel sits inside or outside the Growth Zone Overlay District, and each carries its own setback table under Chapter 205, Article VII, Area and Bulk Requirements. B table: 30 feet front from a subdivision street, 15 feet on each side, and 30 feet in the rear. C, regardless of the district's base standard, because Kent County treats highway frontage as a higher-exposure edge than an interior subdivision street. C sets a tighter table: 20 feet front, 5 feet side, and 10 feet rear for AC, AR, RS1, RS5, and RMH lots, while the RM district gets an 18-foot front setback with the same 5-foot side and 10-foot rear.
That inside-overlay front setback also climbs to 40 feet on nonsubdivision streets. The Regional Planning Commission may authorize a reduced front yard setback for major subdivisions built around alleys, but only if two off-street parking spaces per unit are still provided. Principal nonresidential structures built in a residential district must meet these same setback lines, and any structure that exceeds a district's height limit must push its yard and setback lines out to match the tallest point of the building. C.
Violations & Fines
Building a structure inside a required setback is a zoning violation under Section 205-426. The Division Head of Inspections and Enforcement or a hired County attorney can prosecute the case, and a conviction carries a fine of not less than $100 nor more than $1,000, up to 10 days in jail, or both, with the $100 minimum fine mandatory and not subject to suspension. Each day the encroaching structure remains is a separate offense, and the County can also seek an injunction or abatement order to force removal.
Frequently Asked Questions
How close to my property line can I build outside the Growth Zone Overlay?
Do setbacks differ inside the Growth Zone Overlay?
What happens if I build within the required setback?
Sources & Official References
Other rules in Kent County
Compare Kent County to another location·View the Delaware building setbacks & zoning overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.