Kent County, DE Fence Regulations: Fence Permit Requirements (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.
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?
Does a pool fence need a permit in Kent County even if it's short?
What height fence requires a permit in Kent County?
Sources & Official References
Other rules in Kent County
Compare Kent County to another location·View the Delaware fence regulations overview
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