Kent County, DE Environmental Rules: Boat Dock Permits (2026)

Section 205-20 governs docks on any waterfront lot in unincorporated Kent County. Subsection A folds in state and federal review: every private pier, wharf, mooring, piling or buoy installation must meet all applicable Delaware Department of Natural Resources and Environmental Control regulations and Army Corps of Engineers requirements before it goes in, so a county building permit does not substitute for the DNREC subaqueous lands permit or the Corps' review process. Subsection B gives the County's Department of Planning Services, Division of Planning, authority to designate where on the lot the structure sits, but it must choose whichever of the four options in Subsection C causes the least interference with neighboring waterfront uses.

Those four options set the pier at least 15 feet from a line extended from the side property line at a 90-degree angle to the main course of the waterway, from the extension of the last course of the property line into the water, from the side property lines to the center of a cove, or generally parallel to existing piers on adjacent properties. In practice a homeowner cannot simply pick the shortest route to open water; Planning Services measures the 15-foot buffer against whichever reference line keeps the new structure clear of the neighbor's existing or future dock.

The section applies chapter-wide across every zoning district touching navigable water in the unincorporated county; incorporated towns such as Dover, Smyrna and Milford regulate their own waterfronts separately.