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New Castle County, DE Invasive Plant Rules: Front Yard Gardens (2026)

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

Key Facts

Street-yard setback
10 feet
Street-yard coverage cap
25% of street yard
Rear-yard coverage cap
50% of rear yard
Side yards
not permitted (unless certified)
Enforced by
Dept. of Land Use, Code Enforcement

Summary

Pollinator and rain gardens are allowed in front yards but capped at 25% of the street-yard area, set back 10 feet, and barred from planting listed invasive species.

These county ordinances apply to unincorporated areas of New Castle County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

302.4.10.6 Setbacks. Pollinator gardens and rain gardens must comply with the following setbacks: 1. Principal building: 3 feet. 2. Street yard: 10 feet... 302.4.10.7 Coverage. 1. Pollinator gardens and rain gardens shall be no more than 25% of the area of the street yard of the principal building. 2. ...no more than 50% of the area of the rear yard.

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

New Castle County's Property Maintenance Code lets homeowners plant pollinator gardens and rain gardens in front yards, but caps them at 25% of the street-yard area (50% in rear yards), requires a 10-foot street-yard setback and edging to mark the bed, and bars any "Plants to Avoid" species from Chapter 40's Appendix 3. A garden can exceed the coverage cap only if the Delaware Nature Society certifies it as pollinator-benefiting. Turf over 8 inches doesn't count as a pollinator garden, and rain gardens must drain within 72 hours of a storm. This rule sits in the code's weed-height section, so it doubles as the exception that lets these gardens grow tall without violating the general 8-inch weed limit.

Violations & Fines

Code Enforcement in the Department of Land Use cites unpermitted or oversized plantings as a property maintenance violation, same track as the weed and grass provisions it sits within; corner-lot beds must also stay clear of the 25-foot sight-triangle setback.

Frequently Asked Questions

Can I plant a pollinator garden in my front yard in New Castle County?
Yes. It must keep a 10-foot setback from the street yard line, use edging, cover no more than 25% of the street yard, and skip any species on the county's Plants to Avoid list.
Does this rule apply inside Wilmington or Newark?
No. Wilmington and Newark are incorporated cities with their own property maintenance codes; this provision governs unincorporated New Castle County and any municipality that separately opts into county code enforcement.

Sources & Official References

Other rules in New Castle County

All New Castle County rules

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