Environmental Rules in Kent County, DE (2026)
5 rules for unincorporated Kent County, Delaware.
Verified from official government sources
Stormwater Management
Kent County's Drainage Code, Chapter 116, requires an approved sediment and stormwater management plan and permit before land disturbing activity, plus positive drainage grading around new structures, for unincorporated county land.
Kent County Drainage and Stormwater Code
Some RestrictionsKent County Code §§ 116-1, 116-3, 116-3.1
The Kent County Drainage Code applies to stormwater drainage within the unincorporated areas of Kent County. A. To protect persons and property from serious harm and significant damage from flood. ... No person, corporation or other entity is permitted to engage in land disturbing activities as defined under the Delaware Sediment and Stormwater Regulations without an approved sediment and storm...
Erosion Control
Kent County bars anyone from disturbing land, whether by grading, excavating, clearing, or filling, without an approved sediment and stormwater management plan and permit first. The Kent Conservation District reviews and issues that permit before any building permit involving land disturbance can be issued, except on state- or federally-owned property, where DNREC is the approval authority instead.
Kent County Land-Disturbing Activity Permit
Some RestrictionsKent County Code § 116-3(A)-(B)
No person, corporation or other entity is permitted to engage in land disturbing activities as defined under the Delaware Sediment and Stormwater Regulations without an approved sediment and stormwater management plan from the appropriate plan approval authority and obtaining a permit to proceed. ... Kent County will require an approved sediment and stormwater permit from the Kent Conservation ...
Flood Zones
Kent County bars any construction, grading, filling, subdivision, manufactured home placement, or storage tank installation within a FEMA-mapped special flood hazard area until the developer obtains a floodplain development permit from the County Floodplain Administrator. Chapter 188, adopted in 2014, implements the National Flood Insurance Program the County joined on March 15, 1978, and covers Zones A, AE, AO and VE in unincorporated Kent County.
Kent County Floodplain Development Permit Rule
Some RestrictionsKent County Code § 188-3C
C. Permits required. It shall be unlawful for any person or entity to begin construction or other development which is wholly within, partially within, or in contact with any identified special flood hazard area, as established in § 188-1D, including but not limited to: subdivision of land, filling, grading, or other site improvements and utility installations; construction, alteration, remodel...
Boat Dock Permits
Kent County requires private piers, wharves, moorings, pilings and buoy installations to comply with Delaware DNREC and U.S. Army Corps of Engineers regulations under Zoning Code § 205-20. The Department of Planning Services picks the exact site, and every installation must sit at least 15 feet from an extended side property line into the water, keeping clear of neighboring docks.
Kent County Private Pier Setback and DNREC Rule
Some RestrictionsKent County Code § 205-20.A, C
A. Private piers, wharves, moorings, pilings and buoy installations shall comply with all applicable regulations of the Delaware Department of Natural Resources and Environmental Control and the Army Corps of Engineers. ... C. A pier, piling or buoy installation shall be located at least 15 feet from a line extended: (1) From the side property line at a ninety-degree angle to the main course of...
Flood Elevation Requirements
In Kent County's non-coastal special flood hazard areas, Zones A, AE and AO, Chapter 188 requires the lowest floor of a residential structure, including any basement, to sit at least 18 inches above the base flood elevation. Manufactured homes must meet the same 18-inch freeboard standard, and Zone AO structures use the mapped flood depth plus 18 inches instead.
Kent County 18-Inch Freeboard Elevation Rule
Some RestrictionsKent County Code § 188-5B(1)
(a) The lowest floor (including basement) shall be elevated to 18 inches above the base flood elevation. (b) In areas of shallow flooding (Zone AO), the lowest floor (including basement) shall be elevated at least to 18 inches above the highest adjacent grade as the depth number specified in feet on the Flood Insurance Rate Map, or at least two feet plus 18 inches if a depth number is not speci...
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