Kent County, DE Environmental Rules: Erosion Control (2026)

Kent County Code Chapter 116, the county's Drainage Code, applies to stormwater drainage within the unincorporated areas of Kent County and exists in part to control soil erosion and sedimentation along the waterways. Section 116-3, Duties of persons engaged in land disturbing activities, amended by Ord. No. 25-25 on October 28, 2025, states flatly that no person, corporation or other entity is permitted to engage in land disturbing activities as defined under the Delaware Sediment and Stormwater Regulations without an approved sediment and stormwater management plan from the appropriate plan approval authority and obtaining a permit to proceed.

For most private development, that plan approval authority is the Kent Conservation District, and Kent County will not issue a building permit for work involving land disturbance until the District has approved the sediment and stormwater permit; the exception is property owned by the State of Delaware or the federal government, where DNREC itself reviews and issues the permit instead. Once a plan is approved, § 116-4 requires the Kent Conservation District to conduct periodic reviews during construction to confirm the approved erosion and sediment control measures are actually installed and functioning.

Separately, § 116-5 makes it unlawful to disturb land contrary to an approved plan, or to block, impede, alter the course of, or otherwise interfere with the flow of any communal stream or watercourse. Kent County's Division of Inspections and Enforcement and Engineering Department can enter a site on reasonable cause to inspect for compliance under § 116-6, and a written notice of violation under § 116-7 must give the property owner a correction order before a stop-work order and prosecution follow.