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Kent County, DE Fire Regulations: Propane Storage (2026)

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

Key Facts

Bulk fuel storage
Prohibited on residential lots (farm exception)
Lot-line setback
100 feet minimum for heating tanks
Neighboring dwelling setback
300 feet minimum
State overlay
Fire Marshal & DNREC rules also apply
Governing section
Kent County Zoning Code § 205-29

Summary

Kent County Zoning Code § 205-29 bans bulk fuel storage, a category that includes propane and other LP-gas tanks, on residential lots in every residential zoning district, with an exception only for a bona fide farm operation. Any aboveground fuel tank that is allowed, other than one tied to a building's heating or cooling system, must sit at least 100 feet from the lot line and 300 feet from any neighboring dwelling.

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. To protect the health, safety and welfare of County residents, no aboveground fuel storage tanks, excluding fuel tanks used in conjunction with a structure's heating/cooling system, shall be located closer than 100 feet to any lot line, nor located closer than 300 feet to any dwelling not located on the premises. B. Bulk storage of fuel shall be prohibited on all residential lots in all residential districts, except for a bona fide farm operation. C. All fuel storage tanks, either above or below ground, must comply with all regulations established by the State Fire Marshal's Office and the Department of Natural Resources and Environmental Control.

Full Breakdown

Section 205-29 applies chapter-wide to any fuel storage tank in the unincorporated county, a category that includes propane, LP-gas, heating oil and similar fuels stored above or below ground. Subsection B sets the headline rule for residential property: bulk storage of fuel is prohibited on all residential lots in every residential zoning district, with the single exception of a bona fide farm operation, so a homeowner cannot keep a bulk propane or fuel tank simply to fuel a generator, heat a shop, or refill portable containers beyond what a normal heating or cooling system requires.

Subsection A addresses the tanks that remain permitted, chiefly ones serving a structure's own heating or cooling system: those aboveground tanks must sit at least 100 feet from any lot line and at least 300 feet from any dwelling that is not on the same premises, distances the County adopted to protect neighboring residents from fire and vapor hazards. Subsection C layers state oversight on top of the local rule, requiring every fuel storage tank, above or below ground, to comply with all regulations of the Delaware State Fire Marshal's Office and DNREC, and specifying that where county and state rules conflict, whichever is more restrictive controls.

Because the 100-foot and 300-foot setbacks are measured for tanks tied to heating and cooling systems specifically, an ordinary residential propane tank supplying a furnace or water heater is not banned outright, but it still has to clear those distances from the property line and any neighbor's house.

Violations & Fines

Keeping bulk fuel storage on a residential lot without qualifying as a farm operation, or placing an aboveground tank inside the 100-foot lot-line or 300-foot neighboring-dwelling setback, is a Chapter 205 violation. Section 205-426.C makes it a misdemeanor or civil offense with a fine of $100 to $1,000, up to 10 days in jail, or both, plus a separate offense for each day the violation continues. The State Fire Marshal's Office enforces its own overlapping fuel-tank safety rules under § 205-29.C independent of County zoning action.

Frequently Asked Questions

Can I keep a propane tank at my house in Kent County?
A tank serving your home's heating or cooling system is allowed under § 205-29.A, but it must be at least 100 feet from your lot line and 300 feet from any neighboring dwelling. Bulk fuel storage beyond what a normal heating system needs is banned on residential lots under § 205-29.B unless the property is a farm operation.
What counts as bulk fuel storage under this rule?
The code does not set a numeric gallon threshold in § 205-29.B; it prohibits bulk storage of fuel on residential lots outright, reserving that use for bona fide farm operations. A tank sized for an individual structure's own heating or cooling system falls under the separate setback rule in Subsection A rather than the bulk-storage ban.
Do state rules apply on top of the county setback?
Yes. Section 205-29.C requires every fuel storage tank, above or below ground, to meet Delaware State Fire Marshal's Office and DNREC regulations in addition to the county's setbacks, and specifies that whichever rule, state or county, is more restrictive controls when they conflict.

Sources & Official References

Other rules in Kent County

All Kent County rules

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