104 local rules on file · Pop. 162 · New Castle County
Showing ordinances that apply to Port Penn, DE
Port Penn is an unincorporated community with a population of approximately 162 in New Castle County, Delaware. Because Port Penn is not an incorporated city, it does not have its own municipal government or city code. Instead, New Castle County ordinances apply directly to residential and commercial properties here. The rules below are the county-level regulations that govern your area. Nearby incorporated cities in New Castle County may have different rules.
New Castle County enforces weed and overgrown vegetation abatement under NCC Code Chapter 9 (property maintenance). Grass and weeds exceeding 10 to 12 inches on improved lots trigger correction notices. The county maintains active enforcement March through November with priority for vacant and abandoned properties. Chapter 9 allows county abatement at owner expense with lien authority.
New Castle County encourages native plantings through the UDC landscape manual. DNREC promotes Delaware native species. No ordinance requires native plants for single-family homes, but commercial developments must meet native species percentages.
These unincorporated areas are also governed by New Castle County ordinances.
Property owners in New Castle County are responsible for maintaining trees on their property so they do not encroach on public rights-of-way or create hazards. The county manages trees in public rights-of-way.
New Castle County is not a designated wildfire hazard zone. Delaware Forest Service manages forest fire risk statewide. No defensible space ordinance applies. Standard fire code (IFC) covers structure protection.
New Castle County has no wildfire defensible space mandate. Brush and overgrown vegetation are regulated under NCC Code property maintenance and nuisance provisions (Chapter 9) plus the county weed ordinance. Fire hazards from accumulated vegetation can trigger code enforcement correction orders. The humid Mid-Atlantic climate limits wildfire risk but does not eliminate liability for dead vegetation near structures.
Delaware Code Title 16, Chapter 66, Subchapter IV (§§6631-6634) requires smoke detectors in every residential occupancy in New Castle County, including 1- and 2-family dwellings, mobile/modular homes, townhouses, apartments, hotels, and dormitories. Devices must be installed outside each sleeping area and on every story including basements. Homes built after July 8, 1993 require hard-wired, interconnected detectors; older homes may use battery units. The State Fire Marshal enforces, and owners are responsible for installation - tenants on month-plus leases are responsible for batteries.
Outdoor burning in unincorporated New Castle County is regulated by the Delaware Division of Air Quality. Burn bans are declared during poor air quality events. Open burning requires compliance with state regulations.
Consumer fireworks (Class C/1.4G) are legal in Delaware for persons 18+, and New Castle County does not have a blanket countywide ban for unincorporated areas. However, restrictions may apply during dry conditions.
Recreational fire pits in unincorporated New Castle County are permitted when there is no active burn ban. Fires must use only clean firewood, be attended at all times, and be fully extinguished after use.
New Castle County permits backyard chickens in most residential zones under the UDC with limits on flock size, coop setbacks, and no roosters. Larger livestock (goats, pigs, horses) are restricted to Suburban Reserve (SR) and Conservation Reserve (CR) agricultural districts with minimum 10-acre lot sizes. Delaware Department of Agriculture regulates commercial poultry under 3 Del.C. §7301 et seq.
Beekeeping in New Castle County is permitted in residential areas with proper management. Delaware Dept. of Agriculture registration is required for all apiaries.
Delaware law (7 Del. C. §704) prohibits baiting deer. New Castle County discourages intentional wildlife feeding that creates nuisance. Unsecured pet food and trash that attract wildlife may violate county property maintenance rules.
New Castle County requires dogs to be under control at all times in public areas. Delaware Code Title 9 §911 governs county animal control. Dogs running at large in unincorporated areas may be impounded.
New Castle County does not have breed-specific legislation. Dangerous dogs are addressed through behavior-based proceedings under Delaware Code Title 3 §§7901–7951 and NCC Code Ch. 4.
Exotic and wild animals require state permits in Delaware (Del. Code Title 3 §7201 et seq.). New Castle County Code Ch. 4 may further restrict keeping dangerous animals in residential areas.
Amplified sound in unincorporated New Castle County is regulated under NCC Code Chapter 22 (noise) and the county's special event permit process. Sound must not exceed ordinance decibel limits at the nearest property line, and outdoor commercial amplification requires a special event or temporary use permit. Residential amplified parties must comply with stricter nighttime limits after 10 PM. Venues near the Riverfront Wilmington and University of Delaware campus areas face heightened enforcement during event season.
New Castle County permits gas and electric leaf blower use with no statewide or county ban. Operation hours align with the county noise ordinance (NCC Code Chapter 22, Article 1), typically 7 AM to 9 PM in unincorporated areas. Delaware has no statewide gas blower prohibition. Commercial landscaping crews servicing the I-95 corridor suburbs and Brandywine Hundred neighborhoods operate primarily during fall cleanup from late October through December.
Construction and power equipment noise in New Castle County unincorporated areas is prohibited between 9 PM and 7 AM on weekdays and 10 PM–9 AM on weekends and legal holidays.
New Castle County quiet hours run 9 PM-7 AM for power equipment in residential districts, and 8 PM-7 AM for outdoor power saws, sanders, drills, grinders, and garden tools (NCC Code §22.02.008). A Department of Land Use noise waiver is required to work outside those windows.
New Castle County Code §22.02.007 addresses animal noise, including barking dogs in unincorporated areas. Persistent or continuous animal noise that disturbs neighbors constitutes a noise disturbance.
Delaware licenses family home daycares through the Office of Child Care Licensing (OCCL). New Castle County UDC permits licensed family daycare as a home occupation in residential zones. Capacity limits: 6 to 12 children depending on license type.
Home businesses in New Castle County must not generate customer traffic that creates parking, noise, or character impacts on residential neighborhoods.
Delaware's Cottage Food Law (16 Del. C. §134) allows home-baked goods, jams, and shelf-stable foods to be sold up to $40,000 annually. Registration with Delaware Department of Health required. Labeling with home kitchen disclaimer mandatory.
Unincorporated New Castle County permits home occupations under UDC §40.03.420 (Accessory uses, residential home uses) without a discretionary permit for the basic, no-employee operation, but a Conditional Home Occupation Agreement is required if the operator wants to bring on non-resident employees or independent contractors. The home occupation may not exceed 25% of the dwelling's gross floor area, must remain inside the dwelling, may have up to two full-time (or four part-time, max two on-site) non-resident employees with the agreement, and must use only the principal driveway for parking.
Home occupations in unincorporated New Castle County are permitted as accessory uses in residential zoning districts under UDC Chapter 40, subject to conditions including resident-owner occupancy and no exterior change in character.
Home businesses in New Castle County residential zones may use only a small nameplate sign. Commercial signage is not permitted in residential zoning districts under UDC Chapter 40.
New Castle County requires electrical and building permits for hot tub and spa installations. 4-foot barrier or locking safety cover meeting ASTM F1346 required. GFCI protection mandatory. Setbacks from property lines apply.
New Castle County requires a building permit for all in-ground pools, permanent above-ground pools deeper than 24 inches, and permanent spas. Permits are issued by the NCC Department of Land Use Building Division and follow the Delaware-adopted International Residential Code (IRC) Appendix G pool requirements, including the 48-inch barrier standard. Inspections cover electrical, barrier, and final completion.
All private swimming pools in New Castle County must be enclosed by a barrier fence meeting IRC/IBC standards. Minimum 48-inch height with self-closing, self-latching gates is required.
Swimming pools in New Castle County require building permits and must meet all adopted safety codes. The pool must be located in the rear yard with minimum 6-foot setbacks from property lines.
Above-ground pools in New Castle County require permits and must meet the same rear-yard setback and barrier requirements as in-ground pools.
New Castle County regulates fence materials through the Unified Development Code (UDC), primarily Article 40 (zoning). Wood, vinyl, composite, wrought iron, and tubular steel are permitted in residential districts. Barbed wire and razor wire are prohibited in residential zones. Chain-link is allowed but often restricted to side and rear yards. Electric fences require special approval and are limited to agricultural zones.
New Castle County requires 4-foot minimum pool barriers per IRC Appendix G and 16 Del. C. §3001F. Self-closing, self-latching gates mandatory. Barriers must be inspected as part of the pool permit before water is added.
New Castle County requires a building permit for retaining walls over 4 feet measured from bottom of footing to top of wall. Walls supporting surcharge loads require permits at any height. Engineered plans required over 4 feet.
New Castle County fences in residential districts must not exceed 6 feet. Posts and structural elements may extend to 7 feet to account for sloping ground. A 2024 ordinance updated street-yard fence rules.
New Castle County recommends placing fences slightly back from property lines to avoid boundary disputes. Partition fence disputes are governed by Delaware common law and Delaware Code Title 25 §601 et seq. (primarily for agricultural settings).
Most residential fences in New Castle County are exempt from building permits. Exceptions include pool barriers and fences within FEMA-designated floodplains (required by Ordinance 24-059).
New Castle County treats foundation-built tiny homes as dwellings meeting IRC Appendix Q (minimum 120 sq ft habitable). Tiny homes on wheels are classified as RVs, not permitted as primary dwellings outside RV parks.
New Castle County requires building permits for carports. UDC setbacks apply: typically 5 feet side/rear in residential zones. Maximum height 15 feet for detached carports. Lot coverage caps vary by zoning district.
Accessory dwelling units (ADUs) in New Castle County require both zoning and building permits. Attached ADUs and some garage conversions may be permissible in residential zones under UDC Chapter 40.
Sheds and outbuildings in New Castle County are accessory uses under UDC Section 40.03.410. They cannot be used for habitation and must meet setback requirements. Permits are required for larger structures.
Converting a garage to living space in New Castle County requires building and zoning permits. The converted space must meet habitability standards including egress, HVAC, and electrical requirements.
Wilmington restricts overnight on-street parking 2 AM to 6 AM in posted zones and requires residential permits in many neighborhoods. Unincorporated New Castle County generally permits overnight street parking with local HOA rules.
New Castle County UDC 40.04.110 prohibits storing abandoned, inoperable, or unregistered vehicles in residential zones visible from the street. Vehicles on public streets more than 72 hours are subject to tow under 21 Del. C. §4184.
New Castle County requires electrical permits for Level 2 EV chargers. Delaware law (26 Del. C. §1018) preempts HOA bans on EV chargers. Public stations must meet ADA accessibility standards.
On-street parking in unincorporated New Castle County is governed primarily by state law (Del. Code Title 21). Vehicles may not be abandoned on public roads for more than 72 hours.
New Castle County does not have specific county-wide RV or boat storage rules for unincorporated residential areas, but zoning (UDC Chapter 40) may restrict front yard storage of large vehicles.
Driveways in unincorporated New Castle County require permits for new construction. The UDC regulates impervious surface coverage and driveway materials.
New Castle County does not have a specific county code restriction on commercial vehicle parking in unincorporated residential areas, but state law and zoning may apply.
New Castle County short-term rentals under UDC 40.03.510 are limited to 2 guests per bedroom plus 2 additional, with a total cap tied to unit size. Wilmington requires separate STR registration with similar occupancy limits.
New Castle County STR permit applicants must demonstrate liability insurance of at least $500,000 per occurrence covering rental activity. Platform-provided coverage (Airbnb AirCover) may satisfy if policy terms are met.
Unincorporated New Castle County imposes no maximum-night cap, annual day limit, or stay-length restriction specific to short-term rentals. The county does not currently have a dedicated STR ordinance under Chapter 40 (Unified Development Code) or Chapter 19 (Rental Housing). All rental properties, including STRs, must register for free with the Department of Land Use under the Property Maintenance Code, and Delaware's 8% state lodging tax (Del. Code Title 30 §6101) applies to stays under 120 days. City of Wilmington and other incorporated municipalities (Newark, Middletown, New Castle) are excluded and set their own rules.
STR hosts in New Castle County must collect and remit Delaware's 8% state lodging tax. No separate county lodging tax currently applies.
New Castle County does not have a specific STR permit system for unincorporated areas. STRs must comply with zoning (UDC Chapter 40), Delaware's 8% lodging tax, and applicable building safety standards.
STR guests in unincorporated New Castle County are subject to the county noise ordinance (§22.02.008). Quiet hours are 9 PM–7 AM weekdays.
STR guests in unincorporated New Castle County must comply with county and state parking regulations. No specific STR parking rules exist.
New Castle County bin placement rules are set primarily by private haulers and subdivision HOAs rather than county ordinance. Bins must not obstruct sidewalks, roadways, or fire hydrants. NCC Code Chapter 9 property maintenance provisions prohibit bins stored in public view between collection days in many residential zones. Bins out past 24 hours after pickup can trigger blight citations.
Bulk disposal in unincorporated New Castle County is arranged through each resident's private hauler (appointment-based or monthly) or by self-hauling to Delaware Solid Waste Authority (DSWA) transfer stations and Cherry Island Landfill. Appliances must have refrigerant removed. Electronics and household hazardous waste go to DSWA drop-off events. Illegal dumping is enforced under 7 Del.C. §6005.
Delaware's Universal Recycling Law (7 Del.C. Chapter 60, §6060) requires all waste haulers to offer curbside recycling to single-family residential customers in New Castle County. Accepted materials include paper, cardboard, glass, aluminum, steel cans, and plastics #1 and #2. DSWA manages the statewide recycling infrastructure. Multifamily and commercial recycling is also mandated.
New Castle County does not provide county-wide municipal trash collection; most residents contract with private haulers such as Republic Services, Waste Management, Advanced Disposal, or local companies. Delaware Solid Waste Authority (DSWA) operates transfer stations and the Cherry Island Landfill. Collection schedules vary by subdivision and hauler contract.
New Castle County does not set a specific numerical limit on yard sales per year at the county level. Frequent or ongoing sales can trigger UDC Article 40 home occupation or unlicensed retail provisions. Wilmington and Newark may impose explicit limits (commonly 2 to 4 sales per year). HOAs in many subdivisions impose stricter limits enforced privately.
New Castle County does not require a permit for typical residential garage and yard sales in unincorporated areas. Signs must comply with UDC sign rules. Frequency limits apply under property maintenance and home business provisions. The City of Wilmington and City of Newark have their own rules, which may require registration or limit frequency.
New Castle County does not set specific garage sale hour limits in unincorporated areas. Sales are constrained by the general noise ordinance (NCC Code §22.04.001), which limits daytime noise to approximately 7 AM to 9 PM. Wilmington and Newark often limit sales to 8 AM or 9 AM through 6 PM or dusk. Traffic and parking congestion rules apply.
New Castle County regulates food truck vending locations through the UDC. Trucks must operate on private property with owner permission and may require a temporary use permit for extended operations. Right-of-way vending is generally prohibited outside permitted special events. Wilmington, Newark, and Middletown have their own vending zone rules. School and hospital site vending typically requires separate contracts.
Food trucks operating in unincorporated New Castle County require a NCC business license plus a mobile food establishment permit from the Delaware Division of Public Health, Office of Food Protection (16 Del.C. Chapter 1, Food Code). Annual inspection, commissary agreement, and Delaware ServSafe-equivalent food handler certification required. Wilmington and Newark have separate permits.
New Castle County does not have a heritage tree designation program. Specimen and champion trees are protected indirectly through the UDC tree preservation plan requirement for land development, DNREC natural area protections, and state park/forest designations. Delaware's Big Tree Program (Delaware Forest Service) catalogs champion trees but does not impose legal protection on private property.
New Castle County requires tree preservation plans for land development and subdivision under UDC Article 40 landscape and tree provisions. Removal of trees from individual residential lots (not part of development) does not require a county permit, but street trees in the right-of-way are county-managed. Some subdivisions have tree protection covenants enforced privately.
New Castle County requires tree replacement in the context of land development and subdivision under UDC Article 40 landscape standards, typically at 1:1 or 2:1 ratios for removed preserved trees with minimum caliper requirements. Individual homeowner tree removal on residential lots does not trigger replacement. Fee-in-lieu available for some development projects paid to the county tree fund.
New Castle County regulates door-to-door solicitors under NCC Code Chapter 25 (Peddlers and Solicitors). Commercial solicitors must obtain a county solicitor permit, submit to a background check, and display a visible ID badge while canvassing. Permitted hours are generally 9 AM to dusk or 8 PM. Religious and political canvassing are exempt under First Amendment protections. Violations can trigger criminal trespass under 11 Del.C. §823.
New Castle County recognizes posted No Soliciting signs as legally enforceable notice under 11 Del.C. §823 (criminal trespass). The county does not operate a centralized no-knock registry; enforcement relies on visible signage at the property. Exemptions apply for political, religious, and nonprofit canvassers. Commercial solicitors who ignore posted signs face citations and potential criminal charges.
Grading and drainage in New Castle County are regulated through NCC Code building permits (IRC/IBC grading provisions) and the Delaware Sediment and Stormwater Program (7 Del.C. Chapter 40). Grading exceeding 100 cubic yards or creating significant cuts or fills requires permit. Drainage cannot be redirected onto neighboring property. Retaining walls over 4 feet require engineered design.
Erosion and sediment control is mandatory on all land-disturbing activities in New Castle County under the Delaware Sediment and Stormwater Program (7 Del.C. Chapter 40). Plans administered through the New Castle Conservation District (NCCD). Standard BMPs include silt fence, stabilized construction entrance, inlet protection, sediment traps, and rapid stabilization. Violations can halt construction and incur significant fines.
New Castle County contains Delaware Coastal Zone Act (CZA) regulated areas along the Delaware River and Bay (7 Del.C. Chapter 70). Heavy industry is banned in the coastal zone; most other development requires DNREC approval. Wetlands are protected under 7 Del.C. Chapter 66 (Wetlands Act). Port of Wilmington operates under special CZA provisions. Subaqueous Lands Act (7 Del.C. Chapter 72) regulates tidal and river bottoms.
New Castle County enforces stormwater management under Delaware's Sediment and Stormwater Program (7 Del.C. Chapter 40 and DNREC Delegation) administered by the New Castle Conservation District (NCCD). Projects disturbing 5,000+ sq ft or adding 5,000+ sq ft of impervious surface require an approved sediment and stormwater plan. Post-construction BMPs (bioswales, rain gardens, infiltration) are mandatory. NCC holds MS4 permit under Clean Water Act.
Significant portions of New Castle County lie within FEMA-designated flood zones along the Christina River, Brandywine Creek, Red Clay Creek, and Delaware River. Floodplain permits are required for development in these areas.
Delaware's House Bill 1 (2023) legalized recreational cannabis for adults 21+ but does NOT permit home cultivation for recreational use. Only registered medical marijuana patients with specific caregiver designations may grow, and only under tightly limited conditions. Unlicensed cultivation remains a crime under 16 Del.C. Chapter 47. Delaware is notably restrictive compared to neighboring states.
Delaware licenses cannabis retail through the Office of the Marijuana Commissioner (OMC) under HB 1 / 4 Del.C. Chapter 13, with retail sales expected to begin in 2025. New Castle County zones dispensaries under UDC Article 40 with buffer distances from schools, daycare, and places of worship. Wilmington and some other cities have opted out or imposed additional restrictions. Medical compassion centers operate under 16 Del.C. Chapter 49A.
Recreational drone flight in New Castle County is governed by FAA rules (49 USC §44809 Recreational Exception) with Delaware Division of Parks and Recreation rules for state parks. New Castle County has no countywide drone ordinance but prohibits launches from county parks without permission. FAA TRUST test and registration required; 5-mile airport notice applies to Wilmington Airport (ILG), New Castle Airport, and Summit Airport.
Commercial drone operations in New Castle County require an FAA Part 107 Remote Pilot Certificate. Operations near Wilmington Airport, New Castle County Airport, and Summit Airport require LAANC. Commercial filming on county property needs a special use permit and liability insurance. Delaware State Parks and DNREC lands prohibit commercial drone use without specific permits.
New Castle County sets building height limits by zoning district under UDC Article 40. Residential districts typically allow 35 ft or 2.5 stories for single-family homes. Commercial and mixed-use districts allow 45 to 75+ ft depending on location. Height measured from average finished grade. Chimneys, antennas, and mechanical screens have limited exceptions. Airport approach zones near ILG and Summit add FAA Part 77 restrictions.
New Castle County limits lot coverage through UDC Article 40 and associated stormwater regulations. Residential districts typically allow 30 to 50% building coverage and 60 to 70% total impervious coverage. Lots exceeding coverage thresholds must provide additional stormwater management. Floodplain and sediment-and-stormwater rules (7 Del.C. §4001 et seq.) add requirements on large additions.
New Castle County sets building setbacks through the Unified Development Code (UDC) Article 40. Setbacks vary by zoning district: NC5 (typically 25 ft front, 5 ft side, 30 ft rear), NC6a/NC6b (smaller lots with proportional reductions), and S (Suburban) with larger setbacks. Corner lots have dual front yards. Variances go to the NCC Board of Adjustment.
New Castle County does not impose a countywide snow clearance mandate on property owners for public sidewalks. The City of Wilmington requires sidewalk clearing within a set period (typically 24 hours after snowfall ends) under Wilmington City Code. Newark and other incorporated places have their own rules. NCC Code property maintenance provisions address general accumulation but do not specify sidewalk deadlines countywide.
New Castle County property maintenance rules apply to yard sale conduct: merchandise must be displayed neatly, cleaned up same-day after sale hours, and signs removed within 24 hours. Unsold items left visible between sale days can trigger blight citations under NCC Code Chapter 9. Signs on utility poles or public right-of-way violate UDC sign rules and 17 Del.C. right-of-way provisions.
New Castle County requires trash and recycling containers to be screened from street view between collection days per UDC 40.04.110. Bins may be at curb 12 hours before pickup and must be returned within 12 hours after. Wilmington has similar rules.
New Castle County UDC 40.04.110 requires vacant lot owners to maintain grass under 10 inches, remove trash and debris, and secure structures. Municipal abatement with lien available for non-compliance.
New Castle County enforces the International Property Maintenance Code through UDC Article 40. Peeling paint, broken windows, accumulated debris, and overgrown vegetation are violations. Wilmington's vacant property registration program adds escalating fees.
New Castle County regulates outdoor lighting under UDC Article 40 lighting standards, requiring full-cutoff fixtures for new commercial and multifamily development. Residential dark-sky rules are limited; light trespass onto neighbors is addressed through nuisance provisions. Full International Dark-Sky Association certification is not adopted countywide. Wilmington has separate municipal lighting rules.
New Castle County UDC Article 5 requires exterior lighting to be shielded and directed onto the property. Light trespass onto adjacent residential lots is prohibited, with 0.1 foot-candle maximum at residential property lines.
New Castle County does not maintain a county-wide juvenile curfew for unincorporated areas. The City of Wilmington operates a juvenile curfew under Wilmington City Code (typically 11 PM to 6 AM school nights, midnight to 6 AM weekends for minors under 17). Delaware Family Court handles juvenile status offenses under 10 Del.C. Chapter 9. Parents can be held responsible under parental contribution statutes.
New Castle County parks close at sunset or posted hours under NCC Code Chapter 24 (Parks and Recreation). Delaware State Parks in the county (Brandywine Creek, White Clay Creek, Bellevue, Lums Pond, Fort Delaware) follow Division of Parks rules with hours typically 8 AM to sunset. After-hours presence is criminal trespass under 11 Del.C. §823. Alcohol, camping, and fires without permit are prohibited in most park areas.
New Castle County requires a rental license for residential rental properties under County Code Chapter 10. Wilmington additionally requires a Housing Rental License. Annual fees and compliance inspections apply.
New Castle County follows Delaware's Landlord-Tenant Code (25 Del. C. Ch. 55). No just-cause requirement for non-renewal of month-to-month tenancies — 60 days written notice suffices. For-cause evictions follow state timelines through Justice of the Peace Court.
New Castle County has no rent control. Delaware state law does not authorize local rent regulation. Landlords may raise rents with 60 days written notice per 25 Del. C. §5107.
New Castle County requires building and electrical permits for solar panel installations. Rooftop residential systems are typically permitted in 2-4 weeks. 3-foot fire setbacks from roof ridges and edges required per IRC.
Delaware's Solar Rights Act (25 Del. C. §318) limits HOA restrictions on solar panels. HOAs may impose reasonable aesthetic rules but cannot effectively prohibit installation or impose conditions that raise cost over 5% or reduce output over 10%.
New Castle County UDC allows political signs on private property without permit, up to 6 sq ft in residential zones. Signs in DelDOT rights-of-way are prohibited. Removal required within 7 days after the election.
New Castle County permits temporary yard sale signs on the seller's property without permit. Off-premises directional signs are limited; placement in rights-of-way is prohibited. Signs must be removed within 24 hours of sale end.
New Castle County permits residential holiday decorations without permit. Displays must not obstruct sight lines or create hazards. UL-listed outdoor electrical equipment required. HOA rules may impose seasonal limits.