Kent County, DE Historic Preservation: Historic-Cultural Monuments (2026)
Key Facts
- Significance tiers
- Category I through IV
- Category I
- listed on National Register
- Commission size
- 7 members
- Fine
- $100 per day of violation
- Illegal demolition penalty
- 2-year building permit ban
- Certificate of appropriateness
- required before exterior work
Summary
Kent County's Historic Preservation Commission can recommend an individual property as a designated landmark if it is listed or eligible for the National Register of Historic Places, or if it is an established, familiar visual feature of the neighborhood, under Zoning Code Section 205-381.A. Landmarks are then ranked into four significance categories under Section 205-381.C.
A. The Historic Preservation Commission may recommend for designation of an individual property or site as a landmark if it is listed in or eligible for listing in the National Register of Historic Places or if, because of a unique location or singular physical characteristic, it represents an established and familiar visual feature of the neighborhood. ... C. Landmarks and historic districts shall be designated based on their significance as follows: (1) Category I: landmarks and historic districts that are listed on the National Register of Historic Places; (2) Category II: landmarks and historic districts that are eligible for listing on the National Register of Historic Places based on the National Register criteria; (3) Category III: landmarks and historic districts that are not eligible for listing on the National Register of Historic Places but possess significant historical characteristics; or (4) Category IV: nonhistoric sites within an historic district or individual properties which are not worthy of preservation.
Full Breakdown
C. Category I covers landmarks and historic districts already listed on the National Register of Historic Places; Category II covers those eligible for the National Register under its own criteria but not yet listed; Category III covers properties that do not qualify for the National Register at all but still carry significant historical characteristics recognized locally; and Category IV covers nonhistoric sites inside a historic district, or individual properties the Commission finds are not worthy of preservation. The seven-member Historic Preservation Commission, created under Section 205-380, can nominate a landmark or historic district on its own initiative or act on a request from any person, group, or association, then forwards a recommendation to the Levy Court, which must hold a public hearing before the Levy Court President signs the designation.
B. F. Any exterior alteration, demolition, new construction, or excavation affecting a designated landmark or a resource inside a historic district then requires a certificate of appropriateness under Section 205-383 before work can begin.
Violations & Fines
Working on a designated landmark or historic-district resource without a certificate of appropriateness violates Section 205-391.A, which sets a $100 fine per day the violation continues. Under Section 205-391.B, unauthorized demolition or alteration also requires the owner to restore the property to its pre-violation appearance, and an illegal demolition triggers a two-year denial of any building permit for that parcel, enforced by the County Attorney in addition to any criminal penalty.
Frequently Asked Questions
What makes a property eligible for Kent County landmark designation?
What happens if I demolish a designated landmark without approval?
Do I need approval to change the exterior of a historic property?
Sources & Official References
Other rules in Kent County
Compare Kent County to another location·View the Delaware historic preservation overview
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