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Wilmington, DE Water Use Rules: Leak Reporting Duty (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
City Code § 45-96
Fine for water waste/leak
$100 misdemeanor
Shared pipe leaks
every connected owner liable
Street/alley pipe repairs
permit required first
Small service line replacement
DPW program, § 45-124

Summary

Wilmington property owners must stop wasted water from private pipes and repair leaks promptly, or face a misdemeanor fine.

Any person who permits water to flow unnecessarily from any private pipe or fixtures thereof on his premises, or the premises occupied by him, either within or without a building or enclosure, or any street or alley, shall be guilty of a misdemeanor and shall be punished by a fine of $100.00. In all cases where several persons receive a supply of water by branches uniting with a private common pipe every person who may so receive the water shall be bound to keep such common pipe in repair, and in case of waste by leak therefrom shall be guilty of a misdemeanor and shall be punished by a fine of $100.00. If at any time it shall be necessary to repair a private pipe within the limits of any public street or alley, a permit shall be first obtained for so doing, and the expense of such repairing shall be paid by the person interested. Persons failing to obtain such a permit shall be guilty of a misdemeanor and shall be punished by a fine of $100.00.

(Code 1968, § 47-82; Ord. No. 95-011(sub 1), § 2, 3-2-95)

Source: Wilmington Water DivisionView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 72).

Full Breakdown

Under City Code Sec. 45-96, letting water flow unnecessarily from a private pipe or fixture, on your property or into a street or alley, is a misdemeanor punishable by a $100 fine. Where several properties share a common private pipe, every connected owner is responsible for keeping it in repair, and waste from a leak in that shared line draws the same $100 fine. Repairs to a private pipe located within a public street or alley require a permit first; skipping the permit is its own $100 misdemeanor. Separately, the Department of Public Works may replace failing residential water service lines 1.5 inches or smaller under Sec. 45-124, but ongoing maintenance of any repaired or replaced private line stays the property owner's responsibility.

Violations & Fines

Unnecessary water waste from a private pipe: $100 fine. Waste from an unrepaired shared common pipe: $100 fine per responsible owner. Repairing a private pipe in a public street/alley without a permit: $100 fine.

Frequently Asked Questions

Who pays to fix a leaking private water pipe in Wilmington?
The property owner. Letting water waste from a private pipe or fixture is a $100 misdemeanor under § 45-96, and shared common pipes make every connected owner responsible for the repair.
Do I need a permit to fix a leak under a Wilmington street?
Yes. If a private pipe needs repair within the limits of a public street or alley, § 45-96 requires a permit first, at the owner's expense, before work begins.

Sources & Official References

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