Wilmington, DE Environmental Rules: Stormwater Management (2026)
Key Facts
- Trigger threshold
- 5,000 sq ft of land disturbance
- Program authority
- City acts as DNREC's local agent
- Plan review
- Dept. of Public Works engineering review
- Permit issuer
- Dept. of Licenses and Inspection
- Max fine
- $2,500 ($5,750 for corporations)
Summary
Wilmington requires a sediment and stormwater management plan for any land-disturbing activity over 5,000 square feet, reviewed by public works and permitted through licenses and inspection under the city's DNREC-delegated program.
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
The City of Wilmington administers its sediment and stormwater program as an agent of the state Department of Natural Resources and Environmental Control (DNREC), enforcing the Delaware Sediment and Stormwater Management Regulations and Erosion and Sediment Control Handbook. Any land-disturbing activity exceeding 5,000 square feet must have a plan submitted to the department of licenses and inspection, which routes it to public works for engineering review before a permit issues. Approved projects are monitored by licenses and inspection building inspectors and remain subject to periodic DNREC inspections under 7 Del. C. ch. 40.
Violations & Fines
Violating this article falls under Wilmington's general Code penalty: a fine up to $2,500 ($5,750 for a corporation) or up to 12 months confinement, with each day of a continuing violation a separate offense.
Frequently Asked Questions
What triggers a stormwater plan in Wilmington?
Who enforces Wilmington's stormwater rules?
Sources & Official References
Other rules in Wilmington
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