Sussex County, DE Special Events & Permits: Street Fair Rules (2026)
Key Facts
- Annual cap
- no more than 3 special events per property/year
- Approval authority
- Director of Planning and Zoning or designee
- Event count unit
- each event counted as one calendar day
- Additional rules
- county Special Event & Public Safety Policies apply
- Over-limit events
- require conditional use permit, § 115-22
- Penalty
- up to $100 fine per day of violation
Summary
Sussex County caps outdoor fairs, festivals and similar special events at three per property per calendar year under Section 115-20A(13), and every event, regardless of size, must also follow the county's separate Special Event and Public Safety Services Policies and Procedures.
(a) Special events held outdoors or within a temporary structure for a purpose different from the permitted use and usual occupancy of a premises or site that are administratively approved by the Director or his or her designee, when the event: will not impair the purpose and intent of the Zoning Ordinance; is not so recurring in nature as to constitute a permanent use not otherwise permitted in the district; and will not significantly affect the surrounding properties. ... "Special events" include circuses, carnivals, midways, promotional and tent sales events, fairs, festivals, concerts, rodeos, shows, races/walks or any other event or mass gathering. (b) No more than three special events shall be approved for the same property or premises during a calendar year. Each special event shall be counted as one calendar day, not including reasonable set up and removal time when the event is not otherwise underway. ... (e) All special events, regardless of size, location, use or duration, shall be subject to the requirements of the Sussex County Special Event and Public Safety Services Policies and Procedures.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4401089; v17 updated 2025-06-17; through 06-17-2025).
Full Breakdown
' The numeric cap is explicit: Section 115-20A(13)(b) states 'no more than three special events shall be approved for the same property or premises during a calendar year,' with each event counted as one calendar day, not including reasonable setup and removal time. Before approving an event, the Director must weigh the factors listed in Section 115-20A(13)(c): estimated attendance, parcel size, parking demand, road and traffic access, the applicant's history with prior events, noise, light, odor and dust impacts, proposed hours and number of consecutive days, and any other applicable considerations, and the Director may attach conditions to the approval.
Section 115-20A(13)(e) subjects every special event, 'regardless of size, location, use or duration,' to the county's separate Special Event and Public Safety Services Policies and Procedures, and failing to follow those policies can result in the event's administrative approval being terminated. Events that do not meet the administrative-approval criteria, per Section 115-20A(13)(f), must instead go through the conditional-use process under Section 115-22.
Violations & Fines
Holding more than three special events on a property in a calendar year, or running an event without administrative approval or the required conditional-use permit, violates Section 115-20A(13) and exposes the property owner to the general Chapter 115 penalty in Section 115-229: a misdemeanor fine of up to $100 per day the violation continues. Failing to follow the county's Special Event and Public Safety Services Policies and Procedures can independently result in termination of the event's approval under Section 115-20A(13)(e).
Frequently Asked Questions
How many festivals or fairs can a Sussex County property host each year?
Who approves a special event in unincorporated Sussex County?
What happens if a special event exceeds the three-per-year cap?
Sources & Official References
Other rules in Sussex County
Compare Sussex County to another location·View the Delaware special events & permits overview
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