New Castle County, DE Landscaping Rules: Tree Trimming (2026)
Key Facts
- Branch clearance
- 7 feet minimum above sidewalk
- Shrubbery rule
- Barred from sidewalk or street line
- Enforcing agency
- Department of Land Use
- First-offense fine
- $250 to $1,000
- Scope
- Unincorporated county plus opt-in municipalities
Summary
New Castle County requires owners to keep shrubbery off sidewalks and streets and trim tree branches to at least 7 feet above any sidewalk, enforced under the county's Property Maintenance Code.
302.12 Encroachment on sidewalk. In any zoning district it shall be the duty of the owner for a property to keep shrubbery trimmed so that it does not encroach upon or extend beyond the line of any sidewalk or public street and trim trees so that no branch extends below a height of 7 feet above the width of any sidewalk.
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
Section 302.12 of the county's amended International Property Maintenance Code makes it the property owner's duty, in any zoning district, to keep shrubbery trimmed so it doesn't encroach on or extend beyond a sidewalk or public street, and to trim trees so no branch hangs below 7 feet above a sidewalk. A companion provision, 302.4.8.1, requires dead limbs and dead trees be removed outside wooded areas. Department of Land Use code officials enforce the chapter; the rule applies in unincorporated New Castle County and any incorporated municipality that opts into county property maintenance enforcement. Wilmington and Newark run their own separate codes.
Violations & Fines
First conviction: $250-$1,000 fine in Justice of the Peace Court; second offense $500-$2,500; third and later $1,000-$5,000. Each day of noncompliance is a separate violation.
Frequently Asked Questions
Does this apply inside Wilmington or Newark?
How low can a tree branch hang over the sidewalk?
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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