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Kent County, DE Noise Ordinances: Construction Hours (2026)

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

Construction hours in Kent County, DE, sometimes called construction noise rules or contractor work-hour ordinances, set when contractors can run power tools, hammers, and heavy equipment.

Key Facts

Restricted hours
11:00 p.m. to 7:00 a.m.
Covers
Commercial construction, repair, alteration, demolition
Also bars
Tampered sound-control devices, EPA violations
First offense fine
$30 under § 161-3A
Waiver option
Special waiver from Division of Inspections and Enforcement

Summary

Kent County bars noisy construction, repair or demolition equipment between 11 p.m. and 7 a.m. under its general noise ordinance. The rule also forbids construction noise from equipment with tampered sound-control devices or work that violates federal EPA noise regulations. It covers commercial building, street and alley work anywhere in the unincorporated county.

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

Construction noise. Operating or causing to be operated any equipment used in commercial construction, repair, alteration or demolition work on buildings, structures, streets, alleys or appurtenances thereto, in the following manner: (a) With sound control devices which have been tampered with. (b) In violation of any regulation of the United States Environmental Protection Agency. (c) Between the hours of 11:00 p.m. and 7:00 a.m. the following day which creates a noise disturbance.

Full Breakdown

Kent County Code § 161-2B(5) prohibits 'operating or causing to be operated any equipment used in commercial construction, repair, alteration or demolition work on buildings, structures, streets, alleys or appurtenances thereto' in three specific ways: with sound-control devices that have been tampered with, in violation of any U.S. Environmental Protection Agency noise regulation, or 'between the hours of 11:00 p.m. and 7:00 a.m. the following day which creates a noise disturbance.' The nighttime cutoff means contractors working in the unincorporated county must stop equipment that creates a noise disturbance by 11 p.m. and cannot resume until 7 a.m.

The construction-hours rule is one of twelve specific noise disturbances listed in § 161-2B, alongside separate hour restrictions for motor vehicle repair, loading operations and power tools, all keyed to the same 11 p.m. to 7 a.m. window. The chapter does not provide a blanket daytime exemption for construction; daytime work is still measured against the ambient-noise standards in § 161-5 if it creates a disturbance. A contractor who needs to work outside the permitted schedule can apply to the Division of Inspections and Enforcement for a special waiver under § 161-4C by filing a written application showing that compliance would create an unreasonable hardship.

Violations & Fines

A first violation of the construction-noise curfew is a $30 fine under § 161-3A, rising to $100 for a second offense, $250 for a third and $500 for a fourth. A fifth or later offense carries a fine of at least $1,000 and up to $10,000, and each day a contractor keeps running prohibited equipment past 11 p.m. counts as a separate offense.

Frequently Asked Questions

Can a Kent County contractor get permission to work past 11 p.m.?
Yes, through a special waiver. Section 161-4C lets the Division of Inspections and Enforcement grant a waiver when a written application shows that compliance with the noise curfew would create an unreasonable hardship on the applicant, the project or the community, weighed against the impact on nearby residents.
Does the construction noise rule apply to homeowners doing their own work?
Section 161-2B(5) is written around 'commercial construction, repair, alteration or demolition,' but any power tool use overlaps with the separate power-equipment restriction in § 161-2B(10), which bars saws, drills, sanders and similar tools outdoors in residential districts between 11 p.m. and 7 a.m.
What happens if a construction crew is cited more than once?
Fines escalate fast: $30 for a first offense, $100 for a second, $250 for a third, $500 for a fourth, and $1,000 to $10,000 for a fifth or later offense under § 161-3A. Because each day of continued violation is a separate offense, a crew that ignores a citation can face daily fines.

Sources & Official References

Other rules in Kent County

All Kent County rules

How Kent County compares: Cities with the Strictest Construction Hours·Compare Kent County to another location·View the Delaware noise ordinances overview

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