New Castle County, DE Landscaping Rules: Native Plants (2026)
Key Facts
- Native plant source
- DNREC and DE Agriculture native lists
- Species minimum
- At least 2 pollinator-friendly species
- Street yard coverage cap
- 25% of the street yard area
- Rear yard coverage cap
- 50% of the rear yard area
- Rain garden drainage
- Must clear standing water in 72 hours
Summary
New Castle County exempts pollinator gardens, rain gardens, and wildflower meadows from its weed ordinance, but plants must come from DNREC and Delaware Department of Agriculture native plant lists, with setback and coverage limits.
302.4.10.2 Pollinator gardens must contain at least two pollinator-friendly species. 302.4.10.3 Plants used to make up a pollinator garden or rain garden shall come from the native plant lists maintained by the Delaware Department of Natural Resources and Environmental Control, and the Delaware Department of Agriculture. 302.4.10.4 Plants included in the "Plants to Avoid" list contained in the Appendix 3 of chapter 40 of the New Castle County Code are prohibited.
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
Under the county's Property Maintenance Code, a homeowner may grow a pollinator garden or rain garden instead of mowing, but every plant must come from the native plant lists kept by DNREC and the Delaware Department of Agriculture, and anything on the code's "Plants to Avoid" list is barred. Gardens need at least two pollinator-friendly species, durable edging, and stay under 25% of the street yard or 50% of the rear yard (side yards are off-limits) unless certified by the Delaware Nature Society. Rain gardens must drain within 72 hours.
Violations & Fines
Property maintenance code enforcement officers cite noncompliant plantings under Sec. 7.01.002; uncorrected violations draw a civil penalty of up to $100 per day, and the code official may instead pursue criminal charges in Justice of the Peace Court.
Frequently Asked Questions
Can I let my New Castle County yard grow wild instead of mowing?
Do I need a permit for a pollinator or rain garden?
Does this rule cover Wilmington and Newark?
Sources & Official References
Other rules in New Castle County
Compare New Castle County to another location·View the Delaware landscaping rules overview
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