Delaware Statewide Rule

Delaware Agricultural Lands Preservation and Zoning

Some RestrictionsApplies statewide across Delaware (2026)

Key Facts

Note: Codified in 3 Del.C. Chapter 9
Note: Voluntary preservation districts
Note: Permanent easement program
Requirement: County zoning must accommodate ag
Note: Foundation administers program

Last verified: September 5, 2026Source: Delaware Code

Summary

Delaware preserves agricultural land through 3 Del.C. Chapter 9 Agricultural Lands Preservation, restricting nonfarm zoning encroachments and supporting county agricultural districts statewide.

(a) The farmlands and forestlands included in an Agricultural Preservation District are subject to the following restrictions: (1) No rezoning or major subdivision of the real property shall be allowed; (2) Activities conducted on the real property shall be limited to agricultural and related uses, and residential use of the real property shall be limited as follows: a. No more than 1 acre of land for each 20 acres of usable land owned in a District or an expansion of a District, to a maximum of 10 acres, shall be allowed for dwelling housing; and

Source: Delaware CodeView official code

Full Breakdown

The Delaware Agricultural Lands Preservation Foundation, established in Title 3, Chapter 9, administers the Agricultural Preservation District and easement purchase programs. Landowners may voluntarily enroll in districts that limit nonagricultural development for at least ten years and may sell permanent easements to the state. County zoning ordinances must accommodate agricultural uses, and Right to Farm protections extend to operations within preservation districts. Subdivision and rezoning of preserved farmland is limited by statute and recorded easements.

Violations & Penalties

Breaching an agricultural easement triggers repayment with interest and potential injunctive relief; improper zoning changes may be reversed in court.

Frequently Asked Questions

Can preserved farmland in Delaware be developed?

Land subject to a permanent agricultural easement cannot be developed for nonfarm uses without breaching the easement and triggering penalties.

Do counties decide farm zoning in Delaware?

Counties retain zoning authority but must accommodate agricultural uses and respect state preservation districts and Right to Farm law.

Sources

3 Del.C. Chapter 9

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