Wilmington, DE Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Application fee
- Up to $35 (higher for outdoor dining)
- Approving agency
- Dept. of Public Works + Licenses and Inspections
- Removal deadline after revocation
- 30 days (sooner in emergencies)
- Governing section
- City Code § 42-217
- Max penalty
- $2,500 individual / $5,750 corporation
Summary
Wilmington requires a license from the Department of Licenses and Inspections, approved by Public Works, before anyone builds or maintains a fence or other encroachment beyond the public right-of-way building line.
Upon the approval of the department of public works, the department of licenses and inspections shall issue the license or permit, as the case may be, authorizing the erection, installation, and maintenance of a fence or other encroachment beyond the building line, provided that the particular encroachment is authorized pursuant to and in accordance with the applicable provisions of this article. The department of licenses and inspections may charge a reasonable application fee, not to exceed $35.00 for the administrative costs incurred by the city in processing the application for and issuance of such a license or permit.
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
Under City Code § 42-217, the Department of Public Works must approve any fence or other structure that projects beyond the true building line into the public right-of-way before Licenses and Inspections issues the license or permit. The city can charge up to $35 to process the application, or a higher annual fee for an outdoor dining encroachment. The permit is revocable at will and creates no vested right: if the city revokes it, the encroachment must come down within 30 days (sooner in an emergency), or the city removes it and bills the owner.
Violations & Fines
Building or keeping an unpermitted encroachment violates City Code § 42-213 and § 42-212, punishable under the general penalty of up to $2,500 for an individual or $5,750 for a corporation, with each day a separate offense.
Frequently Asked Questions
Do I need a permit to put a fence in Wilmington's right-of-way?
Can the city revoke my encroachment permit?
What happens if I don't remove it?
Sources & Official References
Other rules in Wilmington
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