Kent County, DE Solar Energy: Panel Permits (2026)

Section 205-73.A of the Zoning Code, part of the article the county calls Conditions of Approval, governs accessory small-scale solar energy systems. Roof-mounted solar systems must comply with the building height limit of the zoning district where installed, along with applicable provisions of the International Residential Code. Ground-mounted systems face more detailed conditions: they may be located only in side or rear yards unless placed at least 100 feet from the front property line or side street line, must sit a minimum of five feet from side and rear property lines, cannot exceed 20 feet in height, must have exterior electrical and plumbing lines buried below the surface in conduit, and cannot serve as the principal use of the property.

Separately, the county's building permit fee schedule at § 128-42.C(1)(t) sets a flat $100 fee for a roof-mounted solar panel permit, issued through the Division of Inspections and Enforcement alongside the standard application fee and any valuation-based charges that apply to the underlying building permit. Section 205-73.A(3) also imposes an abandonment rule: a small-scale solar energy system that falls into disrepair and is no longer suitable for immediate operation must be removed, and the accessory use terminated, within 90 days after the county notifies the property owner.

Because this is a Zoning Code condition rather than a discretionary review, a compliant system does not require a conditional-use hearing before the Levy Court; the property owner still must obtain the building permit and pay the associated fee before installation, consistent with the general condition in § 205-66.D that all applicable permits for a use be obtained and kept current.