New Castle County, DE Tree Protection: Heritage & Protected Trees (2026)
Key Facts
- Governing provision
- UDC Sec. 40.23.300, Div. 40.23.300
- Triggers
- Subdivision or land development plan review
- Champion-tree threshold
- 75% of state champion trunk diameter
- Territory covered
- Unincorporated county only
- Not covered
- Wilmington and Newark (own codes)
Summary
New Castle County has no separate heritage-tree ordinance. Its closest protection is the specimen-tree rule in the Unified Development Code, triggered only when land is developed or subdivided.
Specimen trees shall be located and identified to the species taxonomic level on the site plan or land development plan. The development design shall preserve specimen trees wherever practical. The County may require plan revision where additional preservation is possible without affecting density. Where preservation is not feasible, tree replacement shall be required as mitigation.
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
Under UDC Section 40.23.300, specimen trees must be identified and located on the site plan or land development plan for a project, and the design must preserve them wherever practical; where preservation isn't feasible, replacement trees are required as mitigation on top of standard landscaping requirements. A "specimen tree" is defined at Sec. 40.23.290 as a healthy, non-forest tree meeting the size threshold in Table 40.23.320, or one at 75% or more of the trunk diameter of the current Delaware state champion of its species; invasive non-native species can't qualify. This is a development-review requirement under UDC Article 23, not a general permit-to-remove rule for existing yard trees, and it applies only in unincorporated New Castle County per Sec. 40.01.010. Wilmington and Newark run their own codes and aren't covered here.
Violations & Fines
No fine schedule is set in this Article; enforcement runs through the land development/site plan approval process, so a project can't get plan approval, or a certificate of occupancy, without meeting the specimen tree preservation or replacement mitigation.
Frequently Asked Questions
Does New Castle County have a heritage or landmark tree list?
Can I remove a large tree on my own property without a permit?
Does this apply inside Wilmington or Newark?
Sources & Official References
Other rules in New Castle County
Compare New Castle County to another location·View the Delaware tree protection overview
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