Sussex County, DE Landscaping Rules: Weed Ordinances (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.
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.
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?
Who enforces the weed height limit in unincorporated Sussex County?
What happens if I don't cut my weeds after a Sussex County notice?
Sources & Official References
Other rules in Sussex County
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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