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Kent County, DE Fence Regulations: Material Restrictions (2026)

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

Key Facts

Default rule
Barbed wire/electric fences banned except farms
Security exception height
6 to 10 foot base fence
Barbed wire strand limit
Up to 6 strands along the top
Eligible security uses
Prisons, utilities, pools, construction sites, towers
Governing section
Kent County Zoning Code § 205-26

Summary

Kent County Zoning Code § 205-26 permits barbed wire or electrified fences only on a farm operation. Everywhere else, a fence can carry up to six strands of barbed wire along its top if the base fence is a nonbarbed, six- to ten-foot chain link or similar fence securing a nonresidential warehouse, storage area, or specific high-risk sites like prisons, pools or utility infrastructure.

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.

A. Except as provided in Subsection B of this section, barbed wire or electrified fences are permitted only when used in connection with a farm operation. B. Up to six strands of barbed wire along the top of a chain link or other nonbarbed wire fence at least six feet in height, but no taller than 10 feet, are permitted: (1) In a nonresidential zone if the fence is used to secure a warehouse or other storage area or life-endangering use that necessitates security from access; or (2) To secure a public utility, public service, state or federal prison, telecommunication tower, construction site, community or commercial swimming pool, stormwater management, sediment or erosion control pond or other life-endangering use of a site from access.

Full Breakdown

Section 205-26 starts from a blanket prohibition: Subsection A bars barbed wire or electrified fencing countywide except in connection with a farm operation, which covers agricultural property using such fencing to contain livestock or protect crops. Subsection B carves out a narrow security exception for everyone else. Up to six strands of barbed wire may run along the top of a chain link or other nonbarbed wire fence, but only if that base fence is at least six feet tall and no taller than 10 feet, and only in two situations.

The first, in paragraph (1), covers a nonresidential zone where the fence secures a warehouse, storage area or other life-endangering use that needs protection from unauthorized access. The second, in paragraph (2), lists specific high-security uses regardless of zone: public utilities, public services, state or federal prisons, telecommunication towers, construction sites, community or commercial swimming pools, and stormwater management, sediment or erosion control ponds. Because ordinary residential yards and typical commercial lots fall outside both exceptions, a homeowner or most business owners cannot add barbed wire or electrify a fence around a house, yard or standard retail site; the option is reserved for farms and the specific higher-risk uses the code lists.

Electrified fencing gets no separate carve-out in Subsection B at all, so outside a farm operation it remains prohibited across every use and zone in the unincorporated county.

Violations & Fines

Installing barbed wire or an electrified fence outside a farm operation or the listed security exceptions is a Chapter 205 violation. Section 205-426.C makes it a misdemeanor or civil offense punishable by a fine of $100 to $1,000, up to 10 days in jail, or both, with each day of noncompliance a separate offense and the $100 minimum fine mandatory. The County Attorney or a Code Enforcement Official can also seek an injunction to force removal of a noncompliant fence under § 205-426.B.

Frequently Asked Questions

Can I put barbed wire on my residential fence in Kent County?
No, unless your property is a farm operation. Section 205-26.A bans barbed wire and electrified fencing except in connection with farming, and the narrow security exception in Subsection B applies only to nonresidential warehouses, storage areas and a specific list of high-security uses, not ordinary homes.
What kinds of properties can legally use barbed wire in Kent County?
Farm operations can use it under § 205-26.A without restriction. Everywhere else, § 205-26.B allows up to six strands along the top of a six- to ten-foot nonbarbed fence only to secure a nonresidential warehouse or storage area, or specific uses like prisons, utilities, telecommunication towers, construction sites and community pools.
Are electric fences legal anywhere besides farms?
No. Section 205-26 groups the farm-operation exception around barbed wire and electrified fences together in Subsection A, but the security carve-out in Subsection B only mentions barbed wire strands, not electrified fencing, so electric fencing stays prohibited on every non-farm property in the unincorporated county.

Sources & Official References

Other rules in Kent County

All Kent County rules

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