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

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

Key Facts

Height limit
12 inches (grasses/weeds)
Correction period
10 calendar days after notice
Civil penalty
$100, doubling to $200 after 30 days
Enforcing officer
County Constable
Key exemption
Actively farmed land, incorporated towns

Summary

Sussex County caps grass and weeds at 12 inches on improved and unimproved land under § 80-1 of its Property Maintenance Code, reaching vacant lots as well as occupied yards outside agricultural use. The Constable's Office tickets owners who don't cut within 10 days of notice, adding a $100 civil penalty that doubles if unpaid after 30 days.

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

A. No person or entity being the owner, occupant or party responsible for the owner or possessor of improved or unimproved lands or premises that are not used for bona fide agricultural purposes shall permit grasses or weeds to grow more than 12 inches high upon such lands or premises. B. No person or entity being the owner, occupant or party responsible for improved or unimproved lands or premises that are not used for bona fide agricultural purposes shall permit grasses or weeds to grow so as to create an unsightly condition and/or nuisance detrimental to the use or value of adjoining properties and/or to create a potential fire or safety hazard that could endanger the health, safety and welfare of the owner, possessor or other persons.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4401089; v17 updated 2025-06-17; through 06-17-2025).

Full Breakdown

§ 80-1 bars any owner, occupant or responsible party from letting grasses or weeds exceed 12 inches on improved or unimproved land not used for bona fide agriculture, and separately bars growth that creates an unsightly condition, a nuisance to neighboring property values, or a fire or safety hazard. "Weeds" excludes ornamental grasses, shrubs and trees, and the chapter exempts incorporated towns that haven't transferred code enforcement to the county, land actively farmed under 9 Del. § 8333, and state parks and wildlife areas. Enforcement runs through the county Constable under § 80-4: after a complaint, the Constable inspects and, if the violation is confirmed, serves written notice giving the owner 10 calendar days to correct it.

A property still out of compliance on the 11th day draws a $100 civil penalty, which doubles to $200 if not paid within 30 days of the ticket; those penalties can be added directly to the property's county tax bill under 9 Del. § 7107. Because § 80-1 explicitly covers "unimproved lands," vacant and undeveloped lots are ticketed the same way as occupied properties, and the Constable is not required to send a second notice for a repeat violation of the same section within a 12-month period.

Owners may petition the Constable under § 80-2 for a modification where strict compliance creates a practical difficulty, and may appeal a civil penalty to the Board of Adjustments and Appeals under § 80-4C(5).

Violations & Fines

Failure to mow within the 10-day correction window brings a $100 civil penalty under § 80-4C(1), doubling to $200 if unpaid 30 days after the ticket. Because vacant lots are treated the same as occupied ones, the Constable may issue a new ticket and penalty each time the weeds remain over 12 inches once the appeal period passes. Penalties unpaid at the county level attach to the property's tax bill.

Frequently Asked Questions

Does Sussex County's weed ordinance apply to a vacant, unimproved lot?
Yes. § 80-1A applies to "improved or unimproved lands or premises," so an empty lot is treated exactly like an occupied yard: grass and weeds over 12 inches violate the chapter unless the land is actively farmed, inside an incorporated town, or a state park or wildlife area.
How much is the fine for tall weeds in Sussex County?
After a 10-day correction notice from the Constable goes unaddressed, § 80-4C(1) sets a $100 civil penalty. That penalty doubles to $200 if the owner still hasn't paid within 30 calendar days of the ticket, and unpaid amounts can be added to the property's county tax bill.
Who enforces the vacant lot mowing rule?
The County Constable's Office enforces § 80-1 under § 80-4, inspecting properties after a complaint, issuing written notice to the owner and any responsible party, and ticketing the property if grass or weeds still exceed 12 inches after the 10-day correction period.

Sources & Official References

Other rules in Sussex County

All Sussex County rules

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