Wilmington, DE Environmental Rules: Erosion Control (2026)
Key Facts
- Trigger threshold
- land disturbance over 5,000 sq ft
- Reviewing agency
- Dept. of Licenses and Inspection
- Engineering review
- Dept. of Public Works
- State partner
- DNREC (delegated agent)
- Ongoing duty
- inspections during approved work
Summary
Any land-disturbing activity over 5,000 square feet in Wilmington needs a sediment and stormwater management plan approved by Licenses & Inspection before grading starts.
Land-disturbing activities exceeding 5,000 square feet in area within the city shall have a sediment and stormwater management plan submitted to the department of licenses and inspection. The department of licenses and inspection shall then refer the proposed plans to the department of public works for its engineering review and compliance of the plans with the regulations and the handbook adopted by this article. Upon certification by the department of public works that the proposed plan does meet the requirements of the regulations and the handbook, and of any other applicable city regulations, the department of licenses and inspection shall make a determination of whether or not to issue the requisite permits in accordance with applicable provisions of this Code.(b)Land-disturbing activities which have been approved in accordance with the requirements of this article shall be monitored by the department of licenses and inspection's building inspectors who shall enforce the provisions of this article and the city's regulations, including the regulations and the handbook. Such land-disturbing activities shall be subject further to authorized periodic inspections by DNREC in accordance with the provisions of 7 Del. C. ch. 40 (§ 4001 et seq.). (Ord. No. 91-076, § 1(24-11), 11-7-91)
Secs. 11-39—11-55. - Reserved.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 72).
Full Breakdown
Wilmington City Code § 11-38 requires a sediment and stormwater management plan for any land-disturbing activity exceeding 5,000 square feet. The plan goes to the department of licenses and inspection, which routes it to the department of public works for engineering review against the city's adopted Delaware Sediment and Stormwater Management Regulations and Erosion and Sediment Control Handbook. Only after public works certifies compliance does licenses and inspection decide whether to issue the permit. Approved sites stay subject to inspection by licenses and inspection's building inspectors and periodic DNREC inspections.
Violations & Fines
Grading or land-disturbing work over 5,000 square feet without an approved plan and issued permit is a Code violation enforceable by the department of licenses and inspection, with DNREC holding concurrent inspection authority.
Frequently Asked Questions
Does every construction project need a stormwater plan in Wilmington?
Who reviews Wilmington grading plans?
Sources & Official References
Other rules in Wilmington
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