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New Castle County, DE Special Events & Permits: Sidewalk Dining & Cafés (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

City-specific rules exist: Wilmington has its own sidewalk dining & cafés rules that differ from New Castle County's county-level regulations. If you live in Wilmington, check the city-specific page instead.

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.

View official code

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?
No. The code only recognizes converting an existing temporary limited use permit issued under Sec. 40.03.329 into permanent seating via a Sec. 40.31.716 record plan modification.
Does this rule apply in Wilmington or Newark?
No. This is the New Castle County Unified Development Code, which governs unincorporated territory. Wilmington and Newark are incorporated cities with their own zoning codes not included in this chapter.

Sources & Official References

Other rules in New Castle County

All New Castle County rules

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