New Castle County, DE Sidewalk & Pedestrian Rules: Obstruction Rules (2026)
Key Facts
- Governing section
- PM Code § 302.12
- Tree clearance required
- 7 feet above sidewalk width
- Shrubbery rule
- Must not extend past sidewalk line
- First-offense fine range
- $250 to $1,000
- Scope
- Unincorporated county plus opt-in municipalities
Summary
New Castle County property owners must keep shrubbery trimmed clear of the sidewalk line and prune tree branches to at least 7 feet above the sidewalk, under the county's Property Maintenance Code.
302.12 Encroachment on sidewalk. In any zoning district it shall be the duty of the owner for a property to keep shrubbery trimmed so that it does not encroach upon or extend beyond the line of any sidewalk or public street and trim trees so that no branch extends below a height of 7 feet above the width of any sidewalk.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5).
Full Breakdown
Property Maintenance Code Section 302.12, part of the 2024 International Property Maintenance Code amendments New Castle County adopted, makes it the property owner's duty in every zoning district to keep shrubbery trimmed so it does not encroach upon or extend beyond the sidewalk line, and to trim trees so no branch extends below a height of 7 feet above the sidewalk's width. The code applies in unincorporated New Castle County and in any incorporated municipality that has opted to have the County provide property maintenance code enforcement services; Wilmington and Newark run their own municipal property codes and are not covered by this provision. The Department of Land Use's code official enforces the duty through notice and administrative, civil, or criminal proceedings.
Violations & Fines
First conviction: $250-$1,000 fine; second conviction for the same offense: $500-$2,500; third and later: $1,000-$5,000. Each day the violation continues is a separate offense. A code enforcement officer may also offer a $200 voluntary assessment per offense in lieu of court.
Frequently Asked Questions
Does this rule apply inside Wilmington or Newark?
Who enforces the sidewalk-encroachment rule?
What exactly counts as an encroachment?
Sources & Official References
Other rules in New Castle County
Compare New Castle County to another location·View the Delaware sidewalk & pedestrian rules overview
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