New Castle County, DE Tree Protection: Protected Tree Species (2026)
Key Facts
- Size threshold
- Table 40.23.320, or 75% of champion
- Protection method
- 5-ft fencing around Critical Root Zone
- Replacement example
- 16"–24" DBH tree needs 5 replacements
- Invasive species
- Barred from specimen-tree status
- Jurisdiction
- Unincorporated New Castle County only
Summary
New Castle County's development code protects "specimen trees", healthy, non-invasive trees above set size thresholds or comparable to the state champion, requiring preservation or replacement during land development review.
Specimen tree. Any tree or arborescent plant (i.e., a perennial woody plant with a treelike habit that resembles a tree in growth or appearance) in good health that is not in a forest and having a single trunk diameter in accordance with Table 40.23.320 and Appendix 3, or having seventy-five (75) percent or more of the trunk diameter of the current state champion tree as identified by the Delaware Forest Service. Non-native tree species considered invasive shall not be designated as specimen trees.
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 Chapter 40 (Unified Development Code), a "specimen tree" is any healthy, non-forest tree meeting the size thresholds in Table 40.23.320, or with 75% or more of the trunk diameter of the current Delaware Forest Service state champion tree; invasive non-native species cannot qualify. Development design must preserve specimen trees "wherever practical," protecting the Critical Root Zone with 5-foot temporary fencing during construction: no earth moving, storage, or vehicle incursions inside it. Removed specimen trees must be replaced per Table 40.23.320 (e.g., a 16"–24" DBH tree needs five 3-inch replacement canopy trees). The UDC applies to development in unincorporated New Castle County; Wilmington and Newark run their own separate zoning and tree codes.
Violations & Fines
Enforced through the Department of Land Use's plan review; violators of any UDC provision face civil penalties up to $100/day, remedial-action cost recovery, and a $500 fine if prosecuted criminally under Sec. 40.31.920.
Frequently Asked Questions
Does this protect trees on my private property outside development?
Are Wilmington and Newark covered by this rule?
Which trees are excluded from specimen-tree protection?
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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