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Kent County, DE Fence Regulations: Fence Permit Requirements (2026)

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

Key Facts

Permit-free height
Fences 7 feet or under, no permit needed
Pool-fence exception
Permit required regardless of height
Day-care exception
State-required day-care fences need a permit
Subdivision exception
Planning Services-required fences need a permit
First-offense fine
$100 mandatory minimum

Summary

Kent County exempts fences of seven feet or less from its building permit requirement, but that exemption does not cover a fence required for a pool, a fence a state-approved home day care must install, or a fence required by Kent County Planning Services as a condition of a subdivision or land development approval, all of which need a permit regardless of height.

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.

B. Exemptions. ... Permits shall not be required for the following: ... (2) Fences not over seven feet in height. (a) Exceptions: [1] Fences required for pools. [2] Fences required by the State of Delaware for home-based day cares. [3] Fences required by Kent County Planning Services as part of an approved subdivision application or land development application.

Full Breakdown

B lists work exempt from Kent County's building permit requirement, and item B(2) covers 'fences not over seven feet in height,' meaning most residential and agricultural fencing at or under that height can go up without a permit application to the Department of Planning Services building official. D(12)), a fence the State of Delaware requires for a licensed home-based day care, and a fence required by Kent County Planning Services as a condition of an approved subdivision or land development application. A fence taller than seven feet always needs a permit, since it falls outside the B(2) exemption entirely.

B list as sheds, retaining walls and driveways, a fence project that also disturbs footings, crosses a right-of-way, or is part of a larger site plan may trigger review under those adjoining provisions as well. C, and the fence must be built consistent with any zoning setback or corner-clearance standard in Chapter 205, Zoning, which the building official can point to when reviewing plans for compliance.

Violations & Fines

Installing a fence over seven feet, or a pool, day-care or subdivision-required fence, without the necessary permit is enforced as a Chapter 105 violation under § 105-14.D: $100 for a first offense, $250 for a second, $500 for a third, and $1,000 to $10,000, or up to 10 days' imprisonment, for a fourth or later offense. The $100 minimum fine is mandatory and cannot be suspended, and each day the unpermitted fence remains up counts as a separate offense under § 105-14.E.

Frequently Asked Questions

Do I need a permit for a backyard fence in Kent County?
Not if it is seven feet or shorter and doesn't fall into one of three exceptions in § 105-4.B(2)(a): a fence required around a pool, a fence a state-licensed home day care must have, or a fence required as part of an approved subdivision or land development plan.
Does a pool fence need a permit in Kent County even if it's short?
Yes. Section 105-4.B(2)(a)[1] specifically removes fences required for pools from the general seven-foot permit exemption, so a pool barrier fence needs a building permit no matter its height.
What height fence requires a permit in Kent County?
Any fence taller than seven feet needs a building permit, since § 105-4.B(2) only exempts fences at or under that height, and even shorter fences need one if they're required for a pool, a home day care, or a subdivision condition.

Sources & Official References

Other rules in Kent County

All Kent County rules

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