Kent County, DE Environmental Rules: Stormwater Management (2026)

Chapter 116, § 116-1 states the Kent County Drainage Code "applies to stormwater drainage within the unincorporated areas of Kent County" and exists to protect people and property from flood harm, ensure development drains adequately, minimize drainage-project maintenance, and control erosion and sedimentation. Under § 116-3, no person may engage in land disturbing activity as defined under the Delaware Sediment and Stormwater Regulations without an approved plan and permit, and Kent County requires an approved sediment and stormwater permit from the Kent Conservation District before issuing a building permit for land disturbing work, except on state- or federally-owned property, where DNREC is the approving agency instead.

Added October 28, 2025 by Ordinance No. 1 layers on a positive-drainage grading standard for new structures: final grading must direct stormwater away from foundations toward an approved discharge point such as a street, swale, ditch, or drainage easement, with a minimum slope of 5% (a six-inch drop) in the first 10 feet from the structure, tapering to at least 1% for the next 60 feet to a positive outlet, unless an alternative measure like a trench or slot drain is used instead. Maintenance duties are split by ownership under § 116-2: DelDOT maintains accepted on-street drainage, developers maintain subdivision drainage until facilities are accepted, private owners maintain drainage on their own land, and individual tax ditch organizations maintain tax ditches created under Delaware law. The Kent Conservation District performs periodic construction reviews under § 116-4 to confirm approved plans are actually implemented and functioning.