Environmental Rules in Sussex County, DE (2026)
5 rules for unincorporated Sussex County, Delaware.
Verified from official government sources
Stormwater Management
Before issuing a building permit that requires stormwater management, Sussex County makes the applicant sign a recorded inspection and maintenance agreement under § 90-7 of Chapter 90, binding every future owner of land served by a private stormwater pond. Landowners, not the county, are responsible for infiltration, sediment control and vegetative cover upkeep.
Sussex County Stormwater Pond Maintenance Duty
Some RestrictionsSussex County Code § 90-7
Prior to the issuance of any building permit for which stormwater management is required, the District shall require the applicant or owner of the land to execute an inspection and maintenance agreement binding on all subsequent owners of land served by the private stormwater management pond. Infiltration, sediment control and vegetative cover maintenance are the responsibility of the individua...
Erosion Control
Sussex County won't issue a building permit until the Sussex Conservation District approves a sediment control and stormwater management plan under § 90-5 of Chapter 90, and it won't issue a certificate of occupancy without a lot grading certificate meeting the county's Drainage and Grading Requirements. The plan must satisfy the state's Delaware Sediment and Stormwater Regulations.
Sussex County Erosion & Sediment Control Plan
Some RestrictionsSussex County Code § 90-5
No building permit shall be issued by Sussex County unless a sediment control and stormwater management plan has been approved by the Sussex Conservation District meeting all of the applicable requirements of the Delaware Sediment and Stormwater Regulations and Chapter 99, Articles I, III, V and VI, including an inspection and maintenance agreement, and an individual grading plan meeting all re...
Flood Zones
Sussex County requires a floodplain development permit before any construction, filling, grading, subdivision or utility work in a FEMA-mapped special flood hazard area. The Environmental Manager, acting as Floodplain Administrator, reviews and issues these permits under Chapter 115, Article XVIII.
Sussex County Flood-Prone District Rules
Some RestrictionsSussex County Code Section 115-141.3C
As of the date of adoption of this amendment... 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... including but not limited to: subdivision of land, filling, grading, or other site improvements and utility installations; construction, alteration, remode...
Boat Dock Permits
Sussex County caps boathouses at 25 feet tall, 25 feet wide and 50 feet deep, and limits any dock, pier or wharf to no more than 10% of a waterway's width, under Zoning Code § 115-186, layered on top of state and Army Corps of Engineers permitting.
Sussex County Boat Dock and Boathouse Limits
Some RestrictionsSussex County Code § 115-186(A), (B)
A. The following regulations shall apply to accessory boathouses and boat slips in residential districts: (2) The height of a boathouse shall not exceed 25 feet above mean high water. (3) No boathouse shall exceed 25 feet in width nor 50 feet in depth. (4) No boathouse shall be built beyond the established bulkhead line or closer than 10 feet to a side lot line. (5) Boathouses and boat slips, t...
Flood Elevation Requirements
Sussex County requires the lowest floor of new and substantially improved residential structures in a special flood hazard area to sit at or above the base flood elevation, with no mandatory freeboard, but it rewards builders who add up to two feet of freeboard with a matching height bonus.
Sussex County Base Flood Elevation Standard
Some RestrictionsSussex County Code Sections 115-141.5B(1)(a), 115-141.10
The lowest floor (including basement) shall be elevated to or above the base flood elevation. ... For all structures in special flood hazard areas, height regulations for the districts shown in Articles IV through XX shall apply, with the height measured from the base flood elevation. Provided, however, that in special flood hazard areas the permitted height may be increased by one foot for eve...
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