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

Section 115-185(C) closes with a direct mandate: "Every such fence must be approved by the Director," referring to residential fences, hedges and walls covered by that subsection's height table (3.5 feet within the front or side yard depth, 7 feet elsewhere). That means a homeowner cannot simply build a compliant-height fence without first getting Director of Planning and Zoning sign-off; approval is a precondition, not just a height check after the fact.

This fence approval sits inside the county's broader zoning permit system. Section 115-224 requires that no building, structure or manufactured home be erected, altered, moved or enlarged without the owner first obtaining a zoning permit from the Director, and § 115-226(A) ties a filing fee, set by County Council, to each such application. A zoning permit issued under this system becomes void 12 months after issuance if construction has not started or has been substantially discontinued, per § 115-224. Because a fence is a structure subject to the Director's approval under § 115-185(C), an applicant should expect to submit the same kind of drawing or plat required generally for zoning permits under § 115-225, showing the fence's location, height and distance from lot lines, so the Director can confirm it meets the corner-visibility and yard-depth limits in §§ 115-184 and 115-185(C) before work begins.

Building a fence without first securing that approval exposes the owner to the same enforcement path as any other unpermitted zoning structure in the county.