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Kent County, DE Property Maintenance: Vacant Lot Maintenance (2026)

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

Key Facts

Section
§175-2(B), amending IPMC §302.4
Height limit
12 inches for weeds and grass
Cure period
5 days after notice, §302.4(A)
Exemptions
Farms, ornamental plantings, wildflower meadows, wooded areas
First fine
$100, doubling if unpaid after 30 days, §90-8
Jurisdiction
Unincorporated Kent County only, §175-1.1

Summary

Kent County Code § 175-2(B), amending Property Maintenance Code § 302.4, caps weeds and grass at 12 inches on any parcel, including vacant lots, and gives the owner five days after notice to cut it before the county remediates and bills the cost. Agricultural parcels and ornamental plantings are exempt.

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.

Weeds and grass shall be no greater than 12 inches high on any parcel except as provided below. Notwithstanding Chapter 90, Violations and Complaints, § 90-3, the property owner or responsible party shall have five days following notice to cure the violation. If the violation is not cured, the Code Official will take action to remediate the violation. The County will pursue cost recovery in accordance with Chapter 90, Violations and Complaints. Exception. Weeds do not include: (a) ornamental shrubs and trees, (b) a wildflower meadow maintained and located no less than 10 feet from any property line. Application to agricultural parcels. This section shall not apply to any parcel that is a farm or property used exclusively for agricultural purposes.

Full Breakdown

4, Prohibited growth of weeds and grass. As amended, Subsection A sets the operative limit: 'Weeds and grass shall be no greater than 12 inches high on any parcel except as provided below,' and shortens the cure period, giving the owner or responsible party just 'five days following notice to cure the violation' rather than the five-to-thirty-day window Chapter 90 otherwise allows for property maintenance cases. If the owner does not cut the growth within those five days, 'the Code Official will take action to remediate the violation,' and the county then 'pursue[s] cost recovery' against the owner under Chapter 90, Violations and Complaints.

Subsection B exempts 'ornamental shrubs and trees' and a wildflower meadow, so long as the meadow is maintained and sits at least 10 feet from any property line. Subsection C exempts any parcel 'that is a farm or property used exclusively for agricultural purposes,' and Subsection D exempts land covered by a county- or state-approved natural resource, landscape, record or reforestation plan. Subsections E and F separately require dead limbs and dead trees to be removed outside wooded areas, and shrubbery to be kept clear of walkways, driveways, doors and hatchways, while Subsection G exempts wooded areas, young and mature forest, and critical natural areas from the height limit entirely. 1's jurisdiction clause, a vacant residential or commercial lot outside Dover, Smyrna, Milford and the county's other incorporated towns is squarely covered.

Violations & Fines

Chapter 175 is one of the chapters listed in Kent County Code § 90-8: a first ticket for uncorrected weeds is $100, a second within a year is $200, and a third or later is $300, doubling if unpaid within 30 calendar days. Section 90-10 also lets the county itself cut the weeds and bill the owner for the cost of that remedial work.

Frequently Asked Questions

How tall can grass get on a vacant lot in Kent County before it's a violation?
No more than 12 inches under Kent County Code § 175-2(B), which amends Property Maintenance Code Section 302.4. That limit applies to weeds and grass generally, not just lawns, and covers vacant parcels in unincorporated Kent County the same way it covers occupied properties, unless the parcel qualifies for the farm, wooded-area or approved-plan exemptions.
How long do I have to cut weeds after Kent County notifies me?
Five days from the date of notice under Section 302.4(A), a shorter window than the five-to-thirty-day range Chapter 90 otherwise allows for property maintenance violations. If it isn't cut within those five days, the Code Official can remediate it directly and bill the property owner for the county's cost.
Is my farm exempt from the 12-inch weed limit?
Yes. Section 302.4(C) states the weed-height rule 'shall not apply to any parcel that is a farm or property used exclusively for agricultural purposes.' Wooded areas, young and mature forest and critical natural areas are also exempt under Subsection G, and a maintained wildflower meadow set back at least 10 feet from the property line is exempt under Subsection B.

Sources & Official References

Other rules in Kent County

All Kent County rules

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