Unincorporated New Castle County imposes no maximum-night cap, annual day limit, or stay-length restriction specific to short-term rentals. The county does not currently have a dedicated STR ordinance under Chapter 40 (Unified Development Code) or Chapter 19 (Rental Housing). All rental properties, including STRs, must register for free with the Department of Land Use under the Property Maintenance Code, and Delaware's 8% state lodging tax (Del. Code Title 30 §6101) applies to stays under 120 days. City of Wilmington and other incorporated municipalities (Newark, Middletown, New Castle) are excluded and set their own rules.
Unincorporated New Castle County does not currently codify a night-cap, primary-residence requirement, or annual rental-day limit for short-term rentals. The county's Unified Development Code (Chapter 40) and Property Maintenance Code (Chapter 7) treat dwellings as residential uses without a separate transient-lodging classification for hosted or whole-home STRs in most residential zoning districts. Per the county Department of Land Use Rental Property Registration program, any owner of a residential property leased for rent must register that property with the county - registration is free of charge and must be renewed by May 1st of each odd-numbered year (2025, 2027). State definition of short-term rental is a stay of fewer than 120 days; Delaware's 8% Public Accommodations Tax under Del. Code Title 30 §6101 et seq. applies to those bookings and is collected by the host or platform. The county has periodically signaled that dedicated STR rules may be considered in the future but, as of this writing, no night cap has been adopted under Chapter 40 or Chapter 19. The county code applies only to unincorporated areas and small towns that have not opted out; the City of Wilmington (own Code Ch. 4 and 48), City of Newark, City of New Castle (which adopted a short-term rental orientation/program in 2025), and Town of Middletown each set their own STR rules, including in some cases their own stay-length limits and license requirements. Confirm current rules with New Castle County Department of Land Use at 302-395-5400 before listing.
Because no STR-specific night cap exists in unincorporated New Castle County, there is no per-night enforcement citation today. Operating an unregistered rental property, however, can trigger Code Enforcement action under Chapter 7 (Property Maintenance) and Chapter 19 (Rental Housing). Failure to collect or remit Delaware's 8% Public Accommodations Tax can trigger Delaware Division of Revenue assessments and penalties.
See how New Castle County's night caps rules stack up against other locations.
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