Wilmington, DE Fence Regulations: Fence Permit Requirements (2026)
Key Facts
- Permit trigger
- fence extends beyond building line
- Application fee
- up to $35
- Issuing agency
- Licenses & Inspections, with DPW approval
- On-property height cap
- 6 ft solid / 8 ft open
- Removal deadline
- 30 days after permit revoked
Summary
Fences that cross Wilmington's building line onto a sidewalk or street need a Licenses and Inspections permit approved by Public Works, capped at a $35 application fee; on-property fence height and material are set separately by the zoning code.
Upon the approval of the department of public works, the department of licenses and inspections shall issue the license or permit, as the case may be, authorizing the erection, installation, and maintenance of a fence or other encroachment beyond the building line, provided that the particular encroachment is authorized pursuant to and in accordance with the applicable provisions of this article. The department of licenses and inspections may charge a reasonable application fee, not to exceed $35.00 for the administrative costs incurred by the city in processing the application for and issuance of such a license or permit.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 72).
Full Breakdown
Wilmington City Code section 42-217 lets the Department of Licenses and Inspections issue a license or permit for a fence or other encroachment that extends beyond the true building line, but only after Public Works approval and payment of an application fee capped at $35. The permit is revocable at will: if the city revokes it, the fence must come down within 30 days or the city removes it and bills the owner. Separately, the zoning code at section 48-475 caps on-property fences at six feet if more than 80 percent solid, eight feet if more open, and bars barbed or razor wire fencing in residential districts.
Violations & Fines
Erecting an encroaching fence without this permit, or ignoring a revocation notice, is a Code violation under section 1-5: up to $2,500 for an individual or $5,750 for a corporation per day, plus city removal billed to the owner.
Frequently Asked Questions
Does every fence in Wilmington need a permit?
How much does the encroachment permit cost?
How tall can a fence be on my own property?
Sources & Official References
Other rules in Wilmington
Compare Wilmington to another location·View the Delaware fence regulations overview
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