Delaware shields agricultural operations from nuisance lawsuits under 3 Del.C. 1401, protecting farms operating consistently with generally accepted agricultural practices for at least one year.
Title 3, Chapter 14 of the Delaware Code, the Delaware Right to Farm Act, declares that no agricultural or forestal operation that has been in operation for one year or more shall be deemed a nuisance, provided it conforms to generally accepted agricultural practices and applicable federal and state law. The statute protects farmers from suits brought by neighbors who move adjacent to existing operations. It does not shield operations from negligent acts, illegal pollution discharges, or violations of public health laws.
A nuisance suit against a protected farm may be dismissed; agricultural operations engaged in unlawful conduct lose protection and remain subject to fines and injunctions.
Wilmington, DE
Residential swimming pools in Wilmington require a building permit from the Department of Licenses and Inspections and must comply with the Delaware State Bu...
Wilmington, DE
Delaware does not preempt local tiny-home rules, and Wilmington's City Code Chapter 48 (Zoning) treats dwellings under the standard residential district bulk...
Wilmington, DE
Carports in Wilmington are accessory structures regulated under City Code Chapter 48 (Zoning) and require a building permit from the Department of Licenses a...
Wilmington, DE
Wilmington follows Delaware HB 80 (2017) informal sanctuary protections. The Wilmington Police Department limits civil immigration cooperation with ICE; crim...
Wilmington, DE
Delaware's Healthy Delaware Families Act (DE 19 §3702A) created statewide paid family and medical leave, fully effective 2026. Wilmington cannot create a sep...
Wilmington, DE
Delaware preempts local minimum-wage rules. The state minimum wage rose from $13.25 (2025) to $15.00 effective 2026 under DE Title 19 §902, applying uniforml...
See how Wilmington's farm nuisance protection rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.