Landscaping Rules in Sussex County, DE (2026)
3 rules for unincorporated Sussex County, Delaware.
Verified from official government sources
Tree Removal & Heritage Trees
Sussex County doesn't require a permit to cut a tree in your own yard, but § 99-21G bars removing or damaging trees inside a major subdivision's required Perimeter Buffer without authorization, and forces anyone who does to plant three replacement trees for every one lost.
Sussex County Perimeter Buffer Tree Mitigation
Significant RestrictionsSussex County Code § 99-21G(1), G(2)(b)
In the event that trees, shrubs, Woodlands, Perimeter Buffer or the Perimeter Buffer Protection Area are removed or damaged without authorization, tree mitigation shall be required. In addition, violations and penalties may be assessed. ... New Woodlands shall be created for the area of Woodlands in the Perimeter Buffer that was illegally accessed or damaged with at least three replacement tree...
Weed Ordinances
Sussex County's Housing Code caps weeds and plant growth on residential lots at 12 inches. Section 71-11G requires premises in predominantly residential areas to stay free of noxious or health-detrimental growth, and owners who let grass or weeds grow taller are in violation of Chapter 71's condition-of-premises standard.
Sussex County Noxious Weed Height Limit
Some RestrictionsSussex County Code § 71-11G
Noxious Weeds. All premises in predominately residential areas shall be kept free from weeds or plant growth which is noxious or detrimental to the public health and welfare and shall be trimmed to a height of not more than 12 inches.
Composting
Sussex County sets no bin, setback or size standard for composting. Code § 115-191.1B(1) instead excludes an orderly compost pile from the definition of prohibited "waste material," so residents may compost without a permit as long as the pile stays tidy; a haphazard or unsightly pile becomes prima facie evidence of a nuisance.
Sussex County Backyard Composting Rules
Few RestrictionsSussex County Code § 115-191.1B(1)
"Waste material" does not include materials accumulated in an orderly fashion for useful purposes, such as firewood, compost piles and building materials in good condition, topsoil and earthfill, except that the accumulation of such material in a haphazard, disorderly or unsightly fashion shall be prima facie evidence of waste and/or a nuisance and/or a detriment to the use and/or value of adjo...
All Sussex County ordinances
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