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New Castle County, DE Environmental Rules: Coastal Development (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
New Castle County Code § 40.02.242(D)
New HI districts
None allowed anywhere inside the Coastal Zone
Existing HI limit
Only parcels formerly zoned M-3 keep HI status
Plan disclosure
Appendix 1, Item 70 requires a Coastal Zone note
State permit
DNREC Secretary decision required before operation begins
County role
Zoning only; the Coastal Zone Act itself is state law

Summary

New Castle County's Unified Development Code blocks any new Heavy Industry (HI) zoning district from being created inside Delaware's Coastal Zone. Existing HI districts survive only where the parcel was already zoned M-3 under the county's former zoning map, and any use the state's Coastal Zone Act prohibits stays prohibited regardless of the underlying zoning designation.

These county ordinances apply to unincorporated areas of New Castle County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

This district shall be permitted in coastal zones provided that any use prohibited by the Delaware Coastal Zone Act shall remain prohibited, and provided that such districts were zoned M-3 under the former New Castle County zoning maps. No new HI districts shall be created in a coastal zone.

Source: 7 Del.C. Ch. 70 CZAView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5).

Full Breakdown

242 of the county's Unified Development Code defines the Heavy Industry (HI) District for the county's largest industrial developments, the ones tied to rail lines or navigable marine waterways. ' That means the Department of Land Use cannot approve a rezoning application creating a fresh HI district anywhere the Coastal Zone Act reaches, no matter what the applicant proposes to build; only parcels that already carried the legacy M-3 designation before the UDC recodification keep HI status there. The UDC also makes coastal-zone status a mandatory disclosure on development plans.

' A plan submitted without that note where it applies is incomplete under the checklist. The underlying prohibition, the Delaware Coastal Zone Act, is state law administered by DNREC, not a county ordinance, so the county's role stops at zoning and plan review; the manufacturing or heavy-industrial permit decision itself belongs to the Secretary of DNREC.

Violations & Fines

There is no county fine tied to this section; the consequence is that the Department of Land Use will reject a rezoning application seeking a new HI district in the coastal zone outright, and will not certify a site plan missing the required Appendix 1, Item 70 Coastal Zone note. Building or operating a manufacturing or heavy-industrial use in the zone without the DNREC Secretary's decision violates the state Coastal Zone Act itself, a separate state-level offense DNREC enforces, not the county.

Frequently Asked Questions

Can New Castle County create a new Heavy Industry zoning district on the Delaware River waterfront?
No. Section 40.02.242(D) of the county's Unified Development Code says flatly that no new HI districts shall be created in a coastal zone, so the Department of Land Use cannot approve a rezoning application for one there no matter how the site is used, and existing HI status in the zone only survives on parcels that already carried the legacy M-3 zoning designation.
Does the county have its own Coastal Zone Act?
No. The Delaware Coastal Zone Act is state law administered by DNREC. New Castle County's role is limited to zoning: its Unified Development Code will not create a new Heavy Industry district in the zone and requires site plans there to disclose Coastal Zone Act jurisdiction, but the manufacturing or heavy-industrial use permit decision itself belongs to the DNREC Secretary, not the county.
What has to appear on a site plan located in the Coastal Zone?
Item 70 of the Unified Development Code's Appendix 1 application and plan checklist requires the plan to carry a printed note stating the site lies within Delaware's Coastal Zone and that any manufacturing or heavy-industrial use is regulated by the Coastal Zone Act, requiring a decision by the Secretary of the Department of Natural Resources and Environmental Control before operations start.
Can an existing Heavy Industry district in the Coastal Zone keep operating?
Yes, if it already carried the former M-3 zoning designation under the county's prior zoning maps. Section 40.02.242(D) preserves that legacy HI status inside the Coastal Zone, but any use the Delaware Coastal Zone Act itself prohibits remains prohibited there regardless of the HI zoning, since the county provision cannot override the state statute.

Sources & Official References

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