Permit Requirements: Newark vs Wilmington
How do permit requirements rules compare between Newark, DE and Wilmington, DE?
Newark has fewer restrictions than Wilmington.
Newark, DE
New Castle County
New Castle County does not have a specific STR permit system for unincorporated areas. STRs must comply with zoning (UDC Chapter 40), Delaware's 8% lodging tax, and applicable building safety standards.
View full Newark rules →Wilmington, DE
New Castle County
Wilmington requires a residential property rental license and STR operator permit. Most residential zones (R1–R5) do not permit STRs; a citywide cap of 150 STR units was approved in 2024.
View full Wilmington rules →Key Facts Comparison
| Fact | Newark | Wilmington |
|---|---|---|
| County STR permit | None specific to unincorporated county | - |
| State lodging tax | 8% (Del. Code Title 30 §6101) | - |
| Zoning code | UDC Chapter 40 | - |
| Topic | Permit Requirements | - |
| Citywide cap | - | 150 STR units (2024) |
| Per-owner limit | - | 1 STR unit |
| Zones allowing STRs | - | Limited; R1–R5 generally prohibited |
| Code | - | City Code Ch. 48; STR Ordinance (2024) |
Highlighted rows indicate differences between cities.
Newark FAQ
Do I need a county permit to run an Airbnb in unincorporated New Castle County?
No specific STR permit exists at the county level, but you must comply with zoning, building maintenance codes, and state lodging tax requirements.
What tax do I collect on STR rentals in New Castle County?
Delaware's 8% state lodging tax applies. Register with the Delaware Division of Revenue to collect and remit this tax.
Wilmington FAQ
Can I rent my home short-term in Wilmington?
Only in limited circumstances. Residential zones R1–R5 generally prohibit STRs (allowing only owner-occupied B&Bs). A 2024 ordinance caps the city at 150 STR units total.
What licenses do I need to operate an STR in Wilmington?
You need an annual Residential Property Rental License, an STR operator permit, and must comply with zoning. The booking platform must also have a city permit.
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