Kent County, DE Right to Farm: Agricultural Zoning Protection (2026)
Key Facts
- By-right districts
- All 11 zoning districts (AC through IG)
- Zoning certificate exemption
- Agricultural uses exempt under § 205-52F
- Extra dwelling, 10-50 acres
- 1 additional dwelling for family/farm workers
- Extra dwellings, 50+ acres
- Up to 2 additional dwellings allowed
- Governing section
- § 205-67, amended 5-20-2025 by Ord. 25-10
- Max fine
- $100-$1,000 per day, § 205-426
Summary
Kent County's zoning code lists agriculture and aquaculture as a permitted by-right use in all eleven zoning districts, from Agricultural Conservation to Industrial General, under the § 205-53 use table. Farms are also exempt from needing a zoning certificate of use under § 205-52, and § 205-67 lets larger farms add extra dwellings to house family or farm workers.
Every owner of a bona fide farm of more than 10 acres and less than 50 acres shall be permitted to have one dwelling or manufactured home in addition to a principal residence located on said farm for the purpose of housing family members and/or farm workers employed on said farm. Every owner of a bona fide farm of more than 50 acres shall be permitted to have no more than two dwellings or manufactured homes in addition to a principal residence located on said farm for the purpose of housing family members and/or farm workers employed on said farm. Each accessory dwelling or manufactured home shall meet all setback requirements as required of principal dwellings.
Full Breakdown
§ 205-67, Agricultural uses, amended 5-20-2025 by Ord. No. 25-10, then builds in specific support for working farms: an owner of a bona fide farm of more than 10 but less than 50 acres may add one dwelling or manufactured home beyond the principal residence to house family members or farm workers, and an owner of a farm over 50 acres may add up to two such dwellings, provided each meets the same setbacks required of principal dwellings. The same section sets buffers for farm-related businesses that do require review: agricultural manufacturing and waste services in the AC or AR district must sit at least 100 feet from the front line, 200 feet from other property lines and 500 feet from any neighboring dwelling, and the operator must keep the site looking agricultural.
Commercial kennels, agricultural extractive uses capped at 10% of farm acreage, and farm wineries carry their own distance and licensing conditions in the same section, but the core farming use itself carries none.
Violations & Fines
§ 205-426 sets the penalty for any zoning violation in Chapter 205, including a farm structure built outside the § 205-67 accessory-dwelling or setback standards: a fine of not less than $100 nor more than $1,000, up to 10 days' imprisonment, or both, with each day of a continuing violation a separate offense and the $100 minimum fine not subject to suspension. The Division Head of Inspections and Enforcement or the County Attorney prosecutes violations in Justice of the Peace Court.
Frequently Asked Questions
Does Kent County require a permit to farm?
Can a Kent County farm add housing for workers?
Are farm-related businesses like wineries or kennels also unrestricted?
Sources & Official References
Other rules in Kent County
Compare Kent County to another location·View the Delaware right to farm overview
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