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

Zoning Code § 115-185(C) governs residential fence height county-wide: a fence, hedge or wall for residential use may not exceed 3.5 feet within the depth of the required front yard or a side yard measured from the street line, but the same fence can rise to 7 feet once it is set back beyond that line, such as enclosing a rear yard. That 7-foot cap does not apply to fences built for commercial, industrial or agricultural uses, screening, or tennis courts, which can be built taller without triggering this residential limit. The subsection also requires every residential fence to be approved by the Director of Planning and Zoning before it is built.

Corner lots face an additional restriction under § 115-184. No sign, fence or wall over 3 feet above the established street grade may be erected within the corner visibility triangle, the area bounded by the two intersecting street lines and a straight line connecting points 25 feet from the intersection along each street. This triangle rule applies regardless of the general 3.5-foot or 7-foot allowances elsewhere on the lot, because sight-distance safety at the intersection controls. A fence built taller than 3 feet inside that triangle is a violation even if it complies with the general residential fence table.

These limits sit within Article XXV's Supplementary Regulations, which apply on top of the district-specific yard and height tables found earlier in Chapter 115, so the fence rules are the same across every residential zoning district in unincorporated Sussex County.