Sussex County, DE Right to Farm: Agricultural Zoning Protection (2026)
Key Facts
- Governing section
- § 115-19, AR-1/AR-2 district purpose
- Protected use
- established agricultural operations and activities
- Farm-use threshold
- 5+ acres for expanded agricultural uses, § 115-20B
- Grain drier setback
- 300 ft commercial, 100 ft noncommercial
- Feed lot setback
- 100 ft boundary, 200 ft residential district
- Penalty for violations
- up to $100 fine per day
Summary
Sussex County's AR-1 and AR-2 Agricultural Residential Districts exist under Section 115-19 specifically to protect established farming operations from encroachment by 'objectional, hazardous and unsightly uses' while still allowing low-density residential development alongside them.
The purpose of these districts is to provide for a full range of agricultural activities and to protect agricultural lands, as one of the county's most valuable natural resources, from the depreciating effect of objectional, hazardous and unsightly uses. They should also protect established agricultural operations and activities. These districts are also intended for protection of watersheds, water resources, forest areas and scenic values and, at the same time, to provide for low-density single-family residential development, together with such churches, recreational facilities and accessory uses as may be necessary or are normally compatible with residential surroundings. The AR regulations seek to prevent untimely scattering of more-dense urban uses, which should be confined to areas planned for efficient extension of public services.
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
' It closes by stating the AR regulations 'seek to prevent untimely scattering of more-dense urban uses, which should be confined to areas planned for efficient extension of public services,' which functions as the zoning-based buffer against nonfarm development pressure on working farms. Section 115-20B backs this purpose with substance: on a farm of five acres or more, the code permits agriculture including horticultural, hydroponic, chemical or general farming, dairy farming, raising of animals, reptiles, fish, birds or poultry, and structures for processing and selling farm products, subject to setback conditions such as commercial grain driers sitting at least 300 feet from any boundary and commercial feed lots sitting at least 100 feet from boundary lines and 200 feet from residential district boundaries or off-premises dwellings.
This is zoning-based agricultural protection built into the AR district purpose and use list, not a separate nuisance-immunity right-to-farm statute; no such statute appears in this chapter.
Violations & Fines
Farm operations that fall outside the AR-1/AR-2 permitted and accessory use lists in Sections 115-20 and 115-21, or that ignore the setback distances tied to feed lots, grain driers or poultry structures, are subject to Section 115-229: a misdemeanor with a fine of up to $100, with each day of the violation counted as a separate offense against the property owner and anyone who assisted.
Frequently Asked Questions
Does Sussex County have a right-to-farm law protecting farmers from nuisance complaints?
What size farm gets expanded agricultural rights in the AR districts?
How far must a commercial feed lot sit from a neighboring house?
Sources & Official References
Other rules in Sussex County
Compare Sussex County to another location·View the Delaware right to farm overview
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