Wilmington, DE Property Maintenance: Vacant Lot Maintenance (2026)
Key Facts
- Height limit (general)
- 8 inches
- Height limit (right-of-way/cracks)
- 4 inches
- Width limit (right-of-way)
- 6 inches
- Residential civil penalty
- $50, doubles after 30 days
- City may abate and lien lot
- Yes, § 13-38
Summary
Wilmington bans weeds and grasses over 8 inches tall on vacant lots, with a tighter 4-inch limit for growth in sidewalk cracks and the public right-of-way.
It shall be unlawful, and the owner of the subject property shall be liable, for weeds or grasses growing or accumulating on land, including vacant lots, of which he or she is the owner, which includes, but is not limited to any public right-of-way or alley facing, adjoining or abutting the owner's property, regardless of whether the owner actually resides in or upon the property, so as to create a nuisance to health or safety thereon or to adjoining property; and in every case, a citation for failure to comply with this section shall be issued for weeds or grasses growing in the public right-of-way, including but not limited to growth occurring in cracks, fractures, expansion joints in the curbs and sidewalk, more than four inches in height and or six inches in width, and for weeds or grasses more than eight inches in height growing in any other location referenced in this section.
(Code 1968, § 33-23; Ord. No. 94-002, § 4, 2-24-94; Ord. No. 02-096,(sub1) § 2, 10-10-02; Ord. No. 06-054(sub 1), § 2, 10-19-06)
Cross reference— Vegetation, ch. 46.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 72).
Full Breakdown
City Code § 13-36 makes lot owners liable for weeds or grasses growing or accumulating on any land they own, including vacant lots, whenever the growth creates a nuisance to health or safety. Growth in sidewalk cracks, curb joints, or the public right-of-way is capped at 4 inches high and 6 inches wide; everywhere else on the lot the ceiling is 8 inches. The department of licenses and inspections and department of public works can enter the property, cut and remove the growth themselves under § 13-38, and bill the owner: unpaid costs become a lien on the property under Title 25, Chapter 29 of the Delaware Code.
Violations & Fines
Civil penalty of $50 for residential lots or $250 for apartment/commercial properties per § 13-2, doubling if unpaid after 30 days; a fresh citation issues for each 24-hour period the violation continues, and the city can abate and lien the property.
Frequently Asked Questions
Does this apply to lots I don't live on?
Can the city just cut the weeds itself?
Sources & Official References
Other rules in Wilmington
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