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Kent County, DE Fence Regulations: Height Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Front/side setback fence height
4 feet max
Other setback areas
7 feet max
Corner visibility triangle
2 feet max height
Triangle measurement
25 feet each side
Patio homes
excluded from 4-ft front allowance
Enforcing agency
Division Head of Inspections and Enforcement

Summary

Kent County lets an ornamental fence or wall up to 4 feet tall sit inside the front or side setback, and up to 7 feet tall in other required setbacks, under Zoning Code Section 205-86.C(7). On a corner lot, nothing over 2 feet can stand inside the 25-foot corner-visibility triangle.

These county ordinances apply to unincorporated areas of Kent County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(7) Fences, walls, and hedges. (a) The setback requirements of this chapter do not prohibit an otherwise lawful fence or wall, if the fence or wall does not impair visibility at any access to a public road and does not conflict with the provisions of this section. (b) Except for patio homes, an ornamental fence or wall not more than four feet in height may project into or enclose any required front or side setback to a depth from the street line equal to the required depth of the front setback. Ornamental fences or walls may project into or enclose other required setbacks, provided that such fences and walls do not exceed a height of seven feet. (c) A structure, fence, wall, hedge or planting more than two feet high as measured above the street surface at the nearest edge of the pavement may not be erected, placed or maintained on a corner lot within a triangular area formed by the intersecting street lines. The sides of the triangular area shall measure 25 feet from the point where the street lines will intersect if extended to the apex.

Full Breakdown

C(7) rather than a stand-alone fence chapter. The baseline principle is permissive: an otherwise lawful fence or wall is not barred by the chapter's setback lines, as long as it does not impair visibility at any access point to a public road. Ornamental fences and walls get specific height allowances tied to location. In the front or side setback, an ornamental fence or wall up to 4 feet tall may project into or enclose that setback to a depth equal to the required front setback depth, meaning it can run the full length of the yard so long as it stays under the 4-foot cap.

Away from the front and side setbacks, in other required setback areas such as the rear yard, ornamental fences and walls may rise to 7 feet without violating the setback rule. Patio homes are carved out of the 4-foot front and side allowance entirely, so patio-home lots follow a stricter standard set elsewhere in the district regulations. Corner lots carry an additional visibility rule independent of the general fence height allowance: no fence, wall, hedge, or planting taller than 2 feet, measured from the street surface at the nearest edge of pavement, may stand inside a triangular area formed by the intersecting street lines, with each side of that triangle measuring 25 feet from the point where the street lines would meet if extended.

Mature trees are exempt from the triangle rule as long as they stand more than 6 feet apart and all branches are trimmed to at least 6 feet above the ground.

Violations & Fines

A fence that blocks the corner visibility triangle or exceeds the 4-foot or 7-foot ornamental caps is a zoning violation under Section 205-426. The Division Head of Inspections and Enforcement can order it altered or taken down, and a court conviction carries a mandatory $100 minimum fine, up to $1,000, up to 10 days in jail, or both, with each day of noncompliance a separate offense.

Frequently Asked Questions

How tall can my front yard fence be in Kent County?
An ornamental fence or wall in the front or side setback is capped at 4 feet under Section 205-86.C(7)(b), and it can run the full depth of the required front setback at that height. Patio-home lots are excluded from this specific allowance.
Can I build a taller fence in my backyard?
Yes. Outside the front and side setback area, in the rear yard or other required setbacks, an ornamental fence or wall may reach 7 feet under Section 205-86.C(7)(b), nearly double the front-yard limit, as long as it does not block visibility at any public road access.
What is the corner lot visibility rule?
On a corner lot, Section 205-86.C(7)(c) bars any fence, wall, hedge, or planting taller than 2 feet within a triangular area where the two street lines meet, measured 25 feet along each street line from the intersection point. Trees spaced more than 6 feet apart are exempt if branches sit at least 6 feet up.

Sources & Official References

Other rules in Kent County

All Kent County rules

How Kent County compares: Cities That Allow the Tallest Residential Fences·Compare Kent County to another location·View the Delaware fence regulations overview

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