Delaware Statewide Rule
Delaware Residential EV Charging Station Permitting Law
Key Facts
- Statute
- 22 Del. C. Section 119
- Compliance deadline
- January 1, 2023
- Population trigger
- 30,000 or more residents
- Installer required
- Licensed electrician
- Permit decision
- 90 days or auto-approved
Summary
Delaware Code Title 22, Section 119 requires every municipality with population over 30,000 to adopt a permitting procedure for residential curbside EV charging stations. The state mandates reasonable restrictions only and prohibits effectively banning installation.
119. Residential installation of electric vehicle charging station. (a) (1) The purpose of this section is to facilitate the ownership of electric vehicles. (2) This section applies to a municipality with a population of 30,000 or more, as based on the most recent federal census. (b) For purposes of this section: (1) a. “Electric vehicle” means a motor vehicle that uses 1 or more electric motors for propulsion and which is powered through an internal battery that is charged using an external electricity source. b. “Electric vehicle” includes both of the following: 1. A plug-in hybrid vehicle, which operates with an internal combustion engine and an electric motor that can be plugged into an external electric power source to charge the internal battery. 2. An all-electric vehicle, which operates solely from an internal electric battery. (2) “Electric vehicle charging station” means equipment that connects an electric vehicle to an external source of electricity to recharge the electric vehicle’s internal battery. (c) Notwithstanding any other law to the contrary, a municipality shall adopt, not later than July 1, 2023, an ordinance that establishes a procedure to obtain a permit for the installation of an electric vehicle charging station on real property zoned for residential use that abuts a residential street. (d) The ordinance adopted under subsection (c) of this section must do all of the following:
Full Breakdown
Under 22 Del. C. Section 119, a municipality with a population of 30,000 or more must adopt an ordinance establishing a procedure for residents to obtain a permit to install an electric vehicle charging station on residential property abutting a residential street. The ordinance must require installation by a licensed electrician and the property owner's written permission, and may set only reasonable restrictions that do not significantly increase cost, reduce performance, or effectively prohibit installation. Municipalities had to adopt a compliant ordinance by January 1, 2023, and must approve or deny a permit within 90 days or it is automatically approved.
Violations & Penalties
Municipalities that fail to adopt compliant ordinances or that impose effectively prohibitive restrictions may face state enforcement and civil challenge by aggrieved residents.
Frequently Asked Questions
Can a Delaware city refuse to issue a residential EV charger permit?
Do I need a licensed electrician to install a home EV charger?
Sources
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