New Castle County, DE Landscaping Rules: Tree Removal & Heritage Trees (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.
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
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?
Does this rule apply inside Wilmington or 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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