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

Kent County Code § 187-73, Woodland preservation, applies to any activity on real property requiring conditional use, site plan, or subdivision approval from the Regional Planning Commission. The chapter defines clearing as the removal of trees from an area of 5,000 square feet or greater, whether by cutting or other means, but exempts tree removal for landscaping purposes by individual lot owners, so a homeowner cutting a single tree in their own yard doesn't need a county permit. For anything that meets the clearing threshold, Subsection F is direct: clearing for any purpose whatsoever, except the establishment of trails and pathways not greater than eight feet in width and open yard areas, is prohibited unless approved by the Regional Planning Commission through the site plan, conditional use, or subdivision review process.

25 dwelling units per acre down to 20% at more than 10 dwelling units per acre, with parallel tiers of 20% to 50% for nonresidential tracts based on acreage. Outside the growth zone, no more than 30% of a woodland area, tract, or parcel may be cleared for any purpose. Wetlands may not be developed or cleared of vegetation without a state or federal permit, and the Commission's staff, the State Historic Preservation Officer, or the Delaware Forestry Service can flag historically or biologically significant trees for mandatory preservation, which the Building Inspector must then keep protected from removal until the Commission grants approval.