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Fence Regulations in Kent County, DE (2026)

4 rules for unincorporated Kent County, Delaware.

Verified from official government sources

Note: These county rules apply to unincorporated areas of Kent County. If you live within an incorporated city, that city's own rules apply: see the city list below.

Height Limits

Kent County lets an ornamental fence or wall up to 4 feet tall sit inside the front or side setback, and up to 7 feet tall in other required setbacks, under Zoning Code Section 205-86.C(7). On a corner lot, nothing over 2 feet can stand inside the 25-foot corner-visibility triangle.

Kent County, DE Fence Height and Corner Visibility

Some Restrictions

Kent County Code § 205-86.C(7)

(7) Fences, walls, and hedges. (a) The setback requirements of this chapter do not prohibit an otherwise lawful fence or wall, if the fence or wall does not impair visibility at any access to a public road and does not conflict with the provisions of this section. (b) Except for patio homes, an ornamental fence or wall not more than four feet in height may project into or enclose any required f...

Fence Permit Requirements

Kent County exempts fences of seven feet or less from its building permit requirement, but that exemption does not cover a fence required for a pool, a fence a state-approved home day care must install, or a fence required by Kent County Planning Services as a condition of a subdivision or land development approval, all of which need a permit regardless of height.

Kent County Fence Permit Threshold

Light Restrictions

Kent County Code § 105-4.B(2)

B. Exemptions. ... Permits shall not be required for the following: ... (2) Fences not over seven feet in height. (a) Exceptions: [1] Fences required for pools. [2] Fences required by the State of Delaware for home-based day cares. [3] Fences required by Kent County Planning Services as part of an approved subdivision application or land development application.

Retaining Walls

Kent County exempts retaining walls up to four feet tall from a building permit under Building Code § 105-4.B(3), measured from the bottom of the footing to the top of the wall. Any wall taller than four feet, or one holding back a surcharge load or Class I, II or IIIA liquids, needs a full building permit before construction starts.

Kent County Retaining Walls Over 4 Feet Need Permit

Some Restrictions

Kent County Code § 105-4.B(3)

B. Exemptions. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: ... (3) Retaining walls that are not over four feet (1,219 mm) in height, measured from the bottom of the...

Material Restrictions

Kent County Zoning Code § 205-26 permits barbed wire or electrified fences only on a farm operation. Everywhere else, a fence can carry up to six strands of barbed wire along its top if the base fence is a nonbarbed, six- to ten-foot chain link or similar fence securing a nonresidential warehouse, storage area, or specific high-risk sites like prisons, pools or utility infrastructure.

Kent County Bans Barbed Wire, Electric Fences

Significant Restrictions

Kent County Code § 205-26

A. Except as provided in Subsection B of this section, barbed wire or electrified fences are permitted only when used in connection with a farm operation. B. Up to six strands of barbed wire along the top of a chain link or other nonbarbed wire fence at least six feet in height, but no taller than 10 feet, are permitted: (1) In a nonresidential zone if the fence is used to secure a warehouse or...

All Kent County ordinances

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