Kent County, DE Parking Rules: Driveway Rules (2026)
Key Facts
- Surface standard
- Durable, dust-free; graded and drained
- Approval authority
- Department of Planning Services
- Drainage rule
- Must meet DNREC surface water quality standards
- Maintenance duty
- Owner must keep lot clean, orderly, dust-free
- Relief option
- Board of Adjustment variance, § 171-9
- Adopted
- September 24, 2024, Ord. No. 24-23
Summary
Every parking area, loading area and driveway in Kent County must be graded and drained to shed surface water and finished with a durable dust-free surface the Department of Planning Services approves. Section 171-2.D also requires drainage to be collected and treated so it meets DNREC surface water quality standards before reaching any waterway.
All parking areas, loading areas and driveways shall be graded and drained to dispose of surface water accumulation and shall be improved with a durable dust-free surface considered appropriate by the Department of Planning Services. All drainage shall be collected and given appropriate treatment to ensure water quality that, upon release to surface waters, will allow compliance with DNREC Surface Water Quality Standards.
Full Breakdown
Chapter 171, Parking, adopted by the Levy Court on September 24, 2024, sets the county's design standards for parking, loading and driveway areas. Section 171-2.D requires that all parking areas, loading areas and driveways be graded and drained to dispose of surface water accumulation and improved with a durable dust-free surface considered appropriate by the Department of Planning Services. The same subsection requires any collected drainage to receive appropriate treatment so that water released to surface waters complies with DNREC Surface Water Quality Standards, tying the driveway surface requirement directly to stormwater quality, not just dust control.
Section 171-2.E adds an ongoing maintenance duty: the property owner and occupant must keep off-street parking areas in a clean, orderly, dust-free condition, and may not use them for the sale, repair, dismantling or servicing of vehicles, equipment, materials or supplies. Elsewhere in the same chapter, § 171-4.A sets minimum dimensions once a surface is installed, at least nine feet by 18 feet per parking space, and § 171-4.C requires two-way drive aisles at least 24 feet wide.
Chapter 171 does not name a single approved paving material; unlike the county's mini-storage standard in § 205-71.H(8), which specifically allows hard, compacted, dust-free surfaces or paving with concrete, asphalt or asphaltic concrete, the general parking chapter leaves the Department of Planning Services to judge whether a given surface qualifies as durable and dust-free. Any request for relief from the chapter's requirements goes to the Board of Adjustment under § 171-9, evaluated by the same criteria used for a Chapter 205 zoning variance.
Violations & Fines
Chapter 171 does not set its own fine schedule; a driveway or parking area that fails to meet the § 171-2.D dust-free surface and drainage standard is enforced as a code violation by the Division of Inspections and Enforcement, which can order the surface brought into compliance. Property owners disputing a requirement have only one avenue: a variance from the Board of Adjustment under § 171-9, judged by the same standards applied to a Chapter 205 zoning variance.
Frequently Asked Questions
Can I leave my Kent County driveway as bare dirt or gravel?
Does Kent County require driveways to be paved?
Who enforces Kent County's driveway drainage rule?
Sources & Official References
Other rules in Kent County
Compare Kent County to another location·View the Delaware parking rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.