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New Castle County, DE Landscaping Rules: Tree Removal & Heritage Trees (2026)

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

Tree removal permit rules in New Castle County, DE, sometimes called heritage tree, protected tree, or street tree ordinances, list which trees require a permit before you can cut them down.

Key Facts

Governing section
New Castle County Code § 40.23.320
Smallest specimen tree
16 in. DBH requires 5 replacements
Largest specimen tree
40+ in. DBH requires 12 replacements
Off-site replacement ratio
2:1 if planted off-parcel
Applies to
Unincorporated New Castle County only

Summary

Removed specimen trees on development sites must be replaced under a size-based table, from 5 to 12 replacement trees per tree taken down.

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

Where specimen trees are removed, they shall be replaced in accordance with Table 40.23.320. The replacement trees shall be planted on the same parcel as the tree being removed... Off-site replacement trees shall be planted at a ratio of two to one (2:1). ... 16.00 to 23.99 [DBH] ... 5 [replacement trees] ... 3" canopy trees ... 40.00 or greater ... 12 ... 6 - 4" and 6 - 3" canopy trees

Source: NCC UDC Article 40View 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

When a development or land development plan removes a specimen tree, New Castle County Code § 40.23.320 requires replacement per Table 40.23.320: a 16-23.99 inch DBH tree needs 5 replacement 3-inch canopy trees; 24-31.99 inches needs 7; 32-39.99 inches needs 9; and 40 inches or greater needs 12 (six 4-inch and six 3-inch canopy trees). Replacements normally go on the same parcel, though the Department of Land Use may allow siting on a nearby parcel under a conservation easement, at a 2:1 ratio for off-site trees. If a site can't fit the required trees, the applicant may instead increase the caliper of other required plantings using the formula in § 40.23.320(C). This is a zoning/subdivision requirement administered through the Unified Development Code's site plan and land development review process; it applies to unincorporated New Castle County. Wilmington and Newark have their own zoning and landscaping codes, separate from this county code, governing tree removal and replacement within city limits.

Violations & Fines

Removing a specimen tree without providing the required replacement trees (or increased-caliper substitute) on an approved landscape plan is a plan-compliance failure that blocks site plan or building permit sign-off by the Department of Land Use; it is not a standalone criminal penalty provision within this section.

Frequently Asked Questions

How many trees replace one large specimen tree removed in New Castle County?
A specimen tree 40 inches DBH or greater requires 12 replacement trees: six 4-inch and six 3-inch canopy trees, per Table 40.23.320.
Does this rule apply inside Wilmington or Newark?
No. This is county code for unincorporated New Castle County; Wilmington and Newark administer their own separate zoning and tree codes.

Sources & Official References

Other rules in New Castle County

All New Castle County rules

Compare New Castle County to another location·View the Delaware landscaping rules overview

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