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Kent County, DE Noise Ordinances: Decibel Limits (2026)

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

Key Facts

General limit
Ambient noise + 10 dBA at complaint point
Residential zones (RS1/RS5/RMH/RM)
Ambient noise + 5 dBA
Pure tone/repetitive sound limit
Ambient noise + 5 dBA
Meter standard
ANSI S1.4-1971 sound level meter
First offense fine
$30 under § 161-3A

Summary

Kent County sets numeric noise limits keyed to ambient sound rather than a flat decibel cap. A sound that exceeds the ambient noise level by 10 dBA at the complaint point is a violation countywide, and the threshold tightens to just five dBA above ambient in the county's RS1, RS5, RMH and RM residential zoning districts.

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.

Unless a person has been granted a special waiver, in accordance with the provisions of this section, it shall be unlawful for any person to create a noise disturbance within the unincorporated area of Kent County. Any one or combination of the following shall constitute noise disturbances: A. Exceeds ambient noise level by 10 dBA. A noise which exceeds the ambient noise level by 10 dBA, at the point of complaint origination within the receiving property, except as otherwise regulated herein. B. Exceeds ambient noise level by five dBA in a residential area. A noise which exceeds the ambient noise level by five dBA at the point of complaint origination within the receiving property in areas zoned RS1, RS5, RMH, and RM, except as otherwise regulated herein.

Full Breakdown

Kent County Code § 161-5, 'Allowable noise levels,' declares it unlawful to create a noise disturbance anywhere in the unincorporated county unless a special waiver has been granted. The section defines a disturbance by comparison to ambient sound rather than a single fixed decibel ceiling. Subsection A sets the general standard: 'A noise which exceeds the ambient noise level by 10 dBA, at the point of complaint origination within the receiving property, except as otherwise regulated herein.' Subsection B tightens that margin in the county's residential zones: 'A noise which exceeds the ambient noise level by five dBA at the point of complaint origination within the receiving property in areas zoned RS1, RS5, RMH, and RM, except as otherwise regulated herein.'

Two additional triggers apply regardless of zone. Subsection C treats any stationary source that emits a pure tone, a cyclically varying sound, or a repetitive impulsive sound as a disturbance if it exceeds ambient by five dBA. Subsection D cross-references the 'plainly audible' standard used elsewhere in the chapter, including the radio/TV rule in § 161-2B(2), the street-noise rule in § 161-2B(9) and the insect-killer rule in § 161-2B(12), so a sound that is plainly audible across a property line can violate the ordinance even without a formal decibel reading. Measurements are taken with a sound level meter meeting ANSI S1.4-1971 specifications under § 161-2B(11)(d).

Violations & Fines

A first violation of the allowable noise level standard costs $30 under § 161-3A, with fines rising to $100 for a second offense, $250 for a third, and $500 for a fourth. A fifth or subsequent violation is fined between $1,000 and $10,000, and each day the excess noise continues counts as a new offense. Any law enforcement agency with jurisdiction over the area may enforce the section.

Frequently Asked Questions

Is there a flat decibel number Kent County enforces?
No. Section 161-5 measures noise against the ambient level at the spot where the complaint originates rather than a single fixed number. A sound is a violation if it exceeds ambient by 10 dBA generally, or by only five dBA in the RS1, RS5, RMH and RM residential zoning districts.
Are certain sounds held to a stricter decibel standard?
Yes. Under § 161-5C, any stationary source producing a pure tone, a cyclically varying sound, or a repetitive impulsive sound is a violation once it exceeds the ambient noise level by five dBA, the same tighter margin used in the county's residential zones.
What equipment does Kent County use to measure noise complaints?
Enforcement officers use a sound level meter meeting American National Standards Institute specification ANSI S1.4-1971 for Type I, II or S meters, calibrated with a coupler-type calibration instrument, as described in § 161-2B(11)(d) of the noise chapter.

Sources & Official References

Other rules in Kent County

All Kent County rules

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