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Sussex County, DE Landscaping Rules: Weed Ordinances (2026)

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

Key Facts

Height limit
12 inches maximum for noxious weeds/plant growth
Governing section
Sussex County Code § 71-11G
Applies to
Predominantly residential areas, occupied or vacant
Penalty
$25-$500 fine, up to 30 days jail
Enforcer
Sussex County Code Official

Summary

Sussex County's Housing Code caps weeds and plant growth on residential lots at 12 inches. Section 71-11G requires premises in predominantly residential areas to stay free of noxious or health-detrimental growth, and owners who let grass or weeds grow taller are in violation of Chapter 71's condition-of-premises standard.

These county ordinances apply to unincorporated areas of Sussex County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Noxious Weeds. All premises in predominately residential areas shall be kept free from weeds or plant growth which is noxious or detrimental to the public health and welfare and shall be trimmed to a height of not more than 12 inches.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4401089; v17 updated 2025-06-17; through 06-17-2025).

Full Breakdown

Section 71-11 of the County Housing Code, "Condition of premises," lists the maintenance duties every owner or occupant of a Sussex County property must meet, and Subsection G targets vegetation directly, requiring premises to be kept free of noxious growth and trimmed to no more than 12 inches. The duty runs with the property regardless of whether it's occupied: Subsection B separately requires vacant structures and vacant land to be kept in a "clean, safe, secure and sanitary condition" so they don't cause blight, and Subsection A makes the owner responsible for compliance whether the owner occupies the property or lets it to a tenant.

Enforcement follows the same Article III procedure as every other Chapter 71 standard: the Code Official can inspect the premises under § 71-25, issue a written notice and correction order under § 71-27 giving the owner reasonable time to cut the growth back to 12 inches or less, and refer the matter for prosecution if the order isn't obeyed.

Violations & Fines

Ignoring a weed correction order is a misdemeanor under § 71-30B, punishable by a fine of $25 to $500, up to 30 days in jail, or both; each day the weeds stay over 12 inches after the deadline counts as a separate offense. The Justice of the Peace Court handles the case, and the Code Official may also seek a court order compelling the owner to cut the growth under § 71-30C.

Frequently Asked Questions

Does Sussex County's 12-inch weed rule apply to vacant lots?
Yes. Section 71-11B requires vacant land and vacant structures to stay in a "clean, safe, secure and sanitary condition," and Subsection G's 12-inch cap on noxious weeds and plant growth applies to any premises in a predominantly residential area, whether or not anyone lives there. A vacant-lot owner who lets growth exceed 12 inches is just as liable as an occupied home's owner.
Who enforces the weed height limit in unincorporated Sussex County?
The County Code Official enforces Chapter 71 outside incorporated towns, inspecting properties under § 71-25 and issuing a written correction order under § 71-27 when weeds exceed 12 inches. Inside a town that has adopted the County Housing Code, the town's own code official typically handles it instead, per § 71-7 and § 71-8.
What happens if I don't cut my weeds after a Sussex County notice?
You're guilty of a misdemeanor under § 71-30B, fined $25 to $500 or jailed up to 30 days, with each day of noncompliance a separate offense. The County Attorney or community attorney can also ask the Justice of the Peace Court to order you to cut the growth under § 71-30C.

Sources & Official References

Other rules in Sussex County

All Sussex County rules

How Sussex County compares: Cities with the Strictest Weed and Property Maintenance Rules·Compare Sussex County to another location·View the Delaware landscaping rules overview

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