New Castle County, DE Special Events & Permits: Sidewalk Dining & Cafés (2026)
Key Facts
- Temporary permit term
- Up to 120 days, renewable
- Conversion mechanism
- Record plan modification
- Review track
- Reviewed as a minor plan
- Approving official
- General Manager, Dept. of Land Use
- Governing sections
- Sec. 40.03.329 and Sec. 40.31.716
Summary
Restaurants that already hold a temporary outdoor seating limited use permit under Sec. 40.03.329 can make that seating permanent through a record plan modification, reviewed as a minor plan by the Department of Land Use.
The General Manager of the Department shall have the authority to approve record plan modifications to correct errors and to allow minor revisions to previously-recorded plans. A.A record plan modification shall be permitted for any of the following purposes... 8.Converting temporary outdoor restaurant seating established in Section 40.03.329 to permanent outdoor seating.
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
New Castle County only has a path to permanent al fresco seating for restaurants that already went through the temporary route. Sec. 40.03.329 lets an existing commercial use serve food outdoors under a limited use permit valid up to 120 consecutive days, renewable, with no display or seating in the street right-of-way and any temporary structure meeting the zoning district's yard setbacks. Sec. 40.31.716.A.8 then lists 'converting temporary outdoor restaurant seating established in Section 40.03.329 to permanent outdoor seating' as one of the narrow purposes for which the General Manager of the Department of Land Use may approve a record plan modification. The conversion is processed as a minor plan, keeps the original plan application number, and once approved is recorded with the Recorder of Deeds. There is no separate standalone permanent-outdoor-dining permit outside this conversion mechanism.
Violations & Fines
Outdoor seating that outlives its 120-day permit without renewal or conversion becomes an unpermitted use, subject to the enforcement mechanisms and penalties in Sec. 40.31.901 for violating the Unified Development Code.
Frequently Asked Questions
Can a restaurant apply directly for permanent outdoor seating?
Does this rule apply in Wilmington or Newark?
Sources & Official References
Other rules in New Castle County
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