Skip to main content
CityRuleLookup

New Castle County, DE Historic Preservation: Historic-Cultural Monuments (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Minimum age
50 years, or exceptionally important
Designation criteria
14 listed factors (A-N)
Review body
Historic Review Board (HRB)
HRB decision window
75 working days
Failure to decide
Deemed approved
Key ordinance
Ord. No. 20-071, § 9 (2020)

Summary

New Castle County designates buildings, sites and districts as cultural landmarks through Historic overlay zoning under UDC Section 40.15.110. A resource must be at least 50 years old, or exceptionally important, and meet at least one of fourteen listed criteria tied to cultural, historic or architectural significance.

City-specific rules exist: Wilmington has its own historic-cultural monuments rules that differ from New Castle County's county-level regulations. If you live in Wilmington, check the city-specific page instead.

A building, complex of buildings, structure, site, object or district may be designated for preservation as an Historic overlay zoning district if it is significant to the County as identified in this section. The resource must be at least fifty (50) years old, or exceptionally important to the County, and meet one (1) or any combination of the following criteria: ... D. Exemplifies the cultural, political, economic, social or historical heritage of the community. ... J. Is a landmark; that is, an established and familiar visual feature which assists in defining the character of the neighborhood, community or County due to its unique location or singular physical characteristic.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5).

Full Breakdown

110, a building, complex of buildings, structure, site, object or district can be designated for preservation as an Historic overlay zoning district if the County finds it significant. The threshold age is fifty years, unless the resource is exceptionally important regardless of age, and it must meet one or a combination of fourteen criteria (A through N). " Other criteria reach National Register eligibility, sites of significant historic events, distinguishing architectural or engineering characteristics, and association with historically important persons. 120 criteria, supported by boundary exhibits, photographs, video or drawings.

160 requires HRB-approved permits before any exterior alteration, demolition, relocation, construction or reconstruction, with the HRB required to act within 75 working days of a complete application or the permit is deemed approved. 170 adds annual County inspections of designated properties to guard against "demolition by neglect," with results reported yearly to the HRB and County Council. These provisions trace to Ord. No. 97-172 (1997) and were substantially revised by Ord. No. 20-071, Section 9 (October 27, 2020).

Violations & Fines

Undertaking exterior alteration, demolition, relocation, construction or reconstruction on a designated cultural landmark or historic district property without first obtaining HRB-reviewed Department approval violates Section 40.15.160. The Department of Land Use may not issue any building or use permit for such work until the historic resources application has cleared HRB review, and noncompliant work discovered through the County's annual demolition-by-neglect inspections under Section 40.15.170 is reported to both the HRB and County Council for further action under the Property Maintenance Code process referenced in Chapter 7.

Frequently Asked Questions

What qualifies a property as a cultural landmark in New Castle County?
Under Code Section 40.15.110, a property must be at least 50 years old (or exceptionally important regardless of age) and meet at least one of fourteen criteria, including exemplifying the community's cultural heritage or serving as a familiar visual landmark that defines a neighborhood's character.
Who decides whether a property gets historic designation?
The Historic Review Board evaluates the property against Section 40.15.110 and 40.15.120 criteria and issues a written report under Section 40.15.130. Final designation occurs through the County's rezoning process to create an Historic overlay zoning district.
Can I alter or demolish a designated landmark once it's zoned Historic overlay?
No, not without approval. Section 40.15.160 requires an historic resources application reviewed by the HRB before the Department issues any permit for exterior alteration, demolition, relocation, construction or reconstruction on the resource.
What happens if a designated property is left to deteriorate?
Section 40.15.170 directs the County to inspect Historic overlay properties annually for compliance with the Property Maintenance Code specifically to catch demolition by neglect, with noncompliant properties reported yearly to the HRB and County Council.

Sources & Official References

Other rules in New Castle County

All New Castle County rules

Compare New Castle County to another location·View the Delaware historic preservation overview

Get notified when Historic-Cultural Monuments in New Castle County, DE changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

Historic-Cultural Monuments in Cities Across New Castle County