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Wilmington, DE Environmental Rules: Erosion Control (2026)

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

View 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 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?
No: only projects that disturb more than 5,000 square feet of land trigger the sediment and stormwater management plan requirement under § 11-38.
Who reviews Wilmington grading plans?
Licenses and Inspection intakes the application, but Public Works performs the engineering review before any permit is issued.

Sources & Official References

Other rules in Wilmington

All Wilmington rules

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