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Wilmington City Code Chapter 2 prohibits keeping livestock, poultry, and farm animals within most residential zones. Chickens, roosters, goats, pigs, and similar animals are not allowed inside city limits without a permit.
Wilmington Code Chapter 2 caps the number of dogs and cats per dwelling. Households exceeding the limit must obtain a kennel or multi-pet license from New Castle County Animal Services.
Wilmington does not require cats to be leashed but does require licensing and rabies vaccination under Delaware Code Title 3 and New Castle County animal rules. Outdoor and feral cats fall under TNR programs.
Wilmington Code Ch. 13 (Fire) and Ch. 21 (Housing) require property owners to clear dry brush, weeds, and combustible vegetation that pose a fire hazard. Wilmington Fire Department inspectors enforce hazard abatement.
Propane (LP-gas) storage in Wilmington follows the International Fire Code adopted by Delaware. Residential cylinders are capped at small quantities; larger tanks need permits from the State Fire Marshal.
Fireworks are banned in Wilmington. The city enforces a complete prohibition on consumer fireworks use, consistent with the Delaware State Fire Marshal's regulations.
Outdoor burning in Wilmington is regulated by the Fire Marshal's Office. Open burning is generally restricted in urban areas and subject to air quality regulations.
Recreational fire pits in Wilmington must comply with Fire Marshal regulations. Given the city's dense urban character, outdoor fires require permission and must meet safety clearances.
New Castle County is not a designated wildfire hazard zone. Delaware Forest Service manages forest fire risk statewide. No defensible space ordinance applies. Standard fire code (IFC) covers structure protection.
Delaware Code Title 16, Chapter 66, Subchapter IV (§§6631-6634) requires smoke detectors in every residential occupancy in New Castle County, including 1- and 2-family dwellings, mobile/modular homes, townhouses, apartments, hotels, and dormitories. Devices must be installed outside each sleeping area and on every story including basements. Homes built after July 8, 1993 require hard-wired, interconnected detectors; older homes may use battery units. The State Fire Marshal enforces, and owners are responsible for installation - tenants on month-plus leases are responsible for batteries.
Wilmington's STR ordinance under Ch. 48 Section 48-104.6 distinguishes owner-occupied registrations from non-primary-residence rentals, with non-primary STRs typically restricted to specific zoning districts and subject to closer review.
Wilmington short-term rentals registered under Zoning Code Chapter 48 must follow occupancy caps tied to bedroom count, parking, and the building code's habitable-room standards established under Wilmington Building Code Chapter 4.
Wilmington STR operators registered under Ch. 48 Section 48-104.6 are expected to carry liability coverage adequate for transient guests, since standard homeowner policies typically exclude commercial short-term rental activity in Delaware.
Wilmington's STR framework under Ch. 48 Section 48-104.6 differentiates hosted stays, where the operator remains on-site, from unhosted whole-home rentals, with hosted arrangements generally facing fewer zoning constraints.
Wilmington's STR registration program under Ch. 48 Section 48-104.6 may impose annual night caps on unhosted whole-home rentals, especially in residential zoning districts, to limit conversion of housing stock into year-round transient lodging.
Wilmington's STR program under Ch. 48 Section 48-104.6 requires hosts to register and remit applicable taxes, while platforms like Airbnb and Vrbo collect Delaware lodging tax under DE Title 30 and may face data-sharing obligations.
STR guests in Wilmington are subject to the same noise ordinance as permanent residents — 65 dB(A) daytime and 55 dB(A) nighttime limits apply.
Wilmington requires a residential property rental license and STR operator permit. Most residential zones (R1–R5) do not permit STRs; a citywide cap of 150 STR units was approved in 2024.
STR hosts in Wilmington must collect and remit Delaware's 8% state lodging tax plus a potential 3% city lodging tax on all bookings.
STR guests in Wilmington must comply with all city parking regulations under Chapter 37. No separate STR-specific parking rules exist.
Sheds in Wilmington require permits if they exceed a certain square footage. Small utility sheds may be exempt. Sheds must comply with rear/side yard setbacks.
Carports in Wilmington are accessory structures regulated under City Code Chapter 48 (Zoning) and require a building permit from the Department of Licenses and Inspections. They must meet the underlying residential district setbacks and lot-coverage limits, and open sides may be required for the structure to be classified as a carport rather than a garage.
Delaware does not preempt local tiny-home rules, and Wilmington's City Code Chapter 48 (Zoning) treats dwellings under the standard residential district bulk regulations - there is no separate 'tiny home' use category. Any permanent dwelling must meet the minimum lot, yard, height, and floor-area standards of its zoning district and comply with the Delaware State Building Code (ICC IRC family).
Accessory dwelling units (ADUs) in Wilmington are subject to zoning review under Ch. 48. The city has been updating rules to allow more infill housing, but ADUs require permits and must meet zoning standards.
Converting a garage to living space in Wilmington requires building and possibly zoning permits. The conversion must meet all habitability and building code standards.
Residential swimming pools in Wilmington require a building permit from the Department of Licenses and Inspections and must comply with the Delaware State Building Code (ICC IRC, including the IRC residential pool barrier provisions). Pool barriers must be at least 48 inches high with self-closing, self-latching gates that open outward away from the pool.
All swimming pools in Wilmington must be enclosed by a 48-inch minimum barrier fence with self-closing, self-latching gates, per Delaware building code requirements.
Swimming pools in Wilmington require building permits and must meet all safety standards in the adopted building codes. Pool equipment must be properly installed and maintained.
Above-ground pools in Wilmington require permits if they exceed 24 inches in depth. They must meet the same fencing and safety requirements as in-ground pools.
New Castle County requires electrical and building permits for hot tub and spa installations. 4-foot barrier or locking safety cover meeting ASTM F1346 required. GFCI protection mandatory. Setbacks from property lines apply.
Wilmington restricts parking of recreational vehicles, boats, and trailers on public streets. Long-term storage of RVs and boats in residential areas is subject to city code requirements.
Wilmington regulates on-street parking through Chapter 37. The city has residential permit parking zones, time limits, and street cleaning schedules. Vehicles may not be left on public streets for more than 72 hours.
Driveways in Wilmington must be properly constructed and maintained. Permits are required for new or significantly modified driveways. Vehicles parked in driveways must not block sidewalks.
Wilmington restricts parking of commercial vehicles in residential neighborhoods. Large commercial vehicles may not be stored on residential streets overnight.
Wilmington restricts overnight on-street parking 2 AM to 6 AM in posted zones and requires residential permits in many neighborhoods. Unincorporated New Castle County generally permits overnight street parking with local HOA rules.
New Castle County UDC 40.04.110 prohibits storing abandoned, inoperable, or unregistered vehicles in residential zones visible from the street. Vehicles on public streets more than 72 hours are subject to tow under 21 Del. C. §4184.
New Castle County requires electrical permits for Level 2 EV chargers. Delaware law (26 Del. C. §1018) preempts HOA bans on EV chargers. Public stations must meet ADA accessibility standards.
Fence installation in Wilmington typically requires a permit from the Department of Licenses and Inspections, especially for fences above a minimum height.
Wilmington fence height limits are set by zoning district. Typical residential limits are 4 feet in front yards and 6 feet in side and rear yards.
Wilmington follows Delaware's common law rules on boundary fences. Neighbors share maintenance responsibility for true boundary fences; disputes may be resolved through civil court.
New Castle County regulates fence materials through the Unified Development Code (UDC), primarily Article 40 (zoning). Wood, vinyl, composite, wrought iron, and tubular steel are permitted in residential districts. Barbed wire and razor wire are prohibited in residential zones. Chain-link is allowed but often restricted to side and rear yards. Electric fences require special approval and are limited to agricultural zones.
New Castle County requires 4-foot minimum pool barriers per IRC Appendix G and 16 Del. C. §3001F. Self-closing, self-latching gates mandatory. Barriers must be inspected as part of the pool permit before water is added.
New Castle County requires a building permit for retaining walls over 4 feet measured from bottom of footing to top of wall. Walls supporting surcharge loads require permits at any height. Engineered plans required over 4 feet.
Wilmington prohibits noise exceeding 65 dB(A) in residential areas from 7 AM–11 PM and 55 dB(A) from 11 PM–7 AM. Noise that targets a specific residence is separately prohibited.
Construction and power equipment noise in Wilmington must comply with the city's decibel limits. Work creating excessive noise outside normal daytime hours requires a permit exemption.
Wilmington's noise code prohibits animal noises that create a noise disturbance. Persistent barking in excess of ambient levels or that plainly disturbs neighbors violates city code.
Amplified sound in unincorporated New Castle County is regulated under NCC Code Chapter 22 (noise) and the county's special event permit process. Sound must not exceed ordinance decibel limits at the nearest property line, and outdoor commercial amplification requires a special event or temporary use permit. Residential amplified parties must comply with stricter nighttime limits after 10 PM. Venues near the Riverfront Wilmington and University of Delaware campus areas face heightened enforcement during event season.
New Castle County permits gas and electric leaf blower use with no statewide or county ban. Operation hours align with the county noise ordinance (NCC Code Chapter 22, Article 1), typically 7 AM to 9 PM in unincorporated areas. Delaware has no statewide gas blower prohibition. Commercial landscaping crews servicing the I-95 corridor suburbs and Brandywine Hundred neighborhoods operate primarily during fall cleanup from late October through December.
Aircraft operations and noise standards in Delaware are governed by federal law under the FAA, which preempts state and municipal regulation of flight paths, altitudes, and in-air noise levels, leaving Delaware airports limited ground-based authority only.
Wilmington water use restrictions are issued as needed during drought conditions. The city's water is supplied by United Water Delaware; mandatory restrictions are declared by the utility or city during dry periods.
Wilmington requires property owners to maintain grass and weeds at or below 10 inches. Violations are enforced by Code Enforcement.
Property owners in Wilmington are responsible for trimming trees on their property to prevent public nuisances. Street trees are managed by the city.
Removing trees in Wilmington may require permits, especially for street trees or in historic districts. Property owners are responsible for safe removal of hazardous trees.
New Castle County enforces weed and overgrown vegetation abatement under NCC Code Chapter 9 (property maintenance). Grass and weeds exceeding 10 to 12 inches on improved lots trigger correction notices. The county maintains active enforcement March through November with priority for vacant and abandoned properties. Chapter 9 allows county abatement at owner expense with lien authority.
New Castle County encourages native plantings through the UDC landscape manual. DNREC promotes Delaware native species. No ordinance requires native plants for single-family homes, but commercial developments must meet native species percentages.
Rainwater harvesting is fully legal for residential use in New Castle County. Delaware has no state restrictions on residential collection. Rain barrels and small cisterns typically require no permit. Large cisterns or rooftop storage systems feeding potable systems require plumbing permits under the Delaware-adopted International Plumbing Code. DNREC and the Brandywine Conservancy promote harvesting as stormwater BMP.
New Castle County permits artificial turf for residential lawns without permit. Proper drainage base required to prevent runoff onto neighbors. No state statute preempts HOA rules on turf in Delaware.
Home occupations in Wilmington are regulated by zoning (Ch. 48). The business must be incidental to the residential use, with no exterior evidence of the business and no outside employees.
Home businesses in Wilmington may display only a small nameplate sign (typically not larger than 1 square foot). Commercial signage is prohibited in residential zones.
Home businesses in Wilmington must not generate customer traffic that changes the residential character of the neighborhood. Client visits are limited.
Delaware licenses family home daycares through the Office of Child Care Licensing (OCCL). New Castle County UDC permits licensed family daycare as a home occupation in residential zones. Capacity limits: 6 to 12 children depending on license type.
Delaware's Cottage Food Law (16 Del. C. §134) allows home-baked goods, jams, and shelf-stable foods to be sold up to $40,000 annually. Registration with Delaware Department of Health required. Labeling with home kitchen disclaimer mandatory.
Unincorporated New Castle County permits home occupations under UDC §40.03.420 (Accessory uses, residential home uses) without a discretionary permit for the basic, no-employee operation, but a Conditional Home Occupation Agreement is required if the operator wants to bring on non-resident employees or independent contractors. The home occupation may not exceed 25% of the dwelling's gross floor area, must remain inside the dwelling, may have up to two full-time (or four part-time, max two on-site) non-resident employees with the agreement, and must use only the principal driveway for parking.
Pre-1978 Wilmington homes are presumed to contain lead-based paint. Federal RRP rules and Delaware's Childhood Lead Poisoning Prevention Act require certified contractors and disclosure to tenants and buyers.
Wilmington Code Ch. 17 (Health) and Ch. 21 (Housing) require property owners to keep buildings free of rats, roaches, and bedbugs. The Department of Licenses & Inspections handles complaints in rental and vacant properties.
Wilmington follows the Delaware-adopted International Building Code and International Fire Code. Most new multifamily and commercial construction requires automatic fire sprinklers; one- and two-family homes generally do not.
Scaffolds and sidewalk sheds in Wilmington require permits from the Department of Licenses & Inspections and must comply with OSHA and the Delaware-adopted IBC. Encroachment on public sidewalks needs a separate permit.
Elevators in Wilmington buildings must be inspected and certified annually by the Delaware Department of Labor's Office of Boiler & Elevator Safety. Building owners must post valid certificates inside each car.
Exit doors in Wilmington commercial and multifamily buildings must comply with the International Building Code and NFPA 101 Life Safety Code. Deadbolts requiring keys or tools to exit are generally prohibited on egress doors.
Wilmington childcare facilities must meet the Delaware-adopted IBC, IFC, and Office of Child Care Licensing rules under Title 14 §3001A. Building permits, fire inspections, and Delacare licenses are all required.
Wilmington's Climate Action Plan promotes energy-efficient construction beyond the Delaware-adopted International Energy Conservation Code (IECC). City projects often target LEED, and incentives encourage private-sector green building.
Delaware Title 25 Section 5113 partially preempts municipal rent control, leaving Wilmington unable to cap residential rent increases the way some other states permit; the city instead emphasizes voluntary and tenant-protection programs.
Wilmington tenants are protected primarily by the Delaware Landlord-Tenant Code at DE Title 25 Section 5101 et seq., which sets the grounds, notice periods, and procedures landlords must follow before filing eviction in Justice of the Peace Court.
Wilmington requires owners of rental dwelling units to register and obtain a rental license under the Wilmington City Code Chapter 21 Housing provisions, with periodic inspections to confirm habitability under the city's housing code and Delaware Title 25.
Wilmington landlords follow the statewide Delaware Landlord-Tenant Code at DE Title 25 Section 5101 et seq., which caps security deposits, requires escrow accounts for deposits held over one year, and mandates timely itemized return after move-out.
Delaware Title 6 Section 4603 includes source of income, including Section 8 housing-choice vouchers, as a protected class, prohibiting Wilmington landlords from refusing tenants solely because they pay rent with lawful housing assistance.
Wilmington landlords must accept Section 8 housing-choice vouchers on equal terms under DE Title 6 Section 4603, with the Wilmington Housing Authority and DSHA administering vouchers across New Castle County and the city itself.
Wilmington City Code regulates sidewalk obstruction and public conduct on streets and downtown areas under Chapter 37 Streets and Chapter 23 Misdemeanors, balancing pedestrian access with constitutional protections for unhoused residents recognized in federal case law.
Wilmington manages encampment sanitation through Public Works and Health under City Code Chapter 17 Health and Chapter 35 Refuse, coordinating cleanups with outreach providers in the Housing Alliance Delaware Continuum of Care to connect occupants with services.
Wilmington's bridge-housing and emergency-shelter ecosystem is coordinated through Housing Alliance Delaware's statewide Continuum of Care, with city land-use under Ch. 48 Zoning Code allowing shelter and supportive-housing uses in defined zoning districts.
Wilmington landlords must keep rental units free of insect infestations, including bed bugs, under the city housing code and Delaware Landlord-Tenant Code. Treatment cost generally falls on the property owner absent tenant fault.
Delaware DHSS Office of Food Protection inspects Wilmington restaurants statewide rather than the city issuing letter grades. Reports are public and posted online following routine and complaint-driven inspections.
Wilmington property owners must keep premises free of rat and mouse harborage under the city property maintenance and health chapters. Garbage storage rules and overgrown-lot abatement are the main enforcement tools.
Used needles and syringes generated in Wilmington homes must be placed in rigid puncture-resistant containers and may not go in curbside trash or recycling. Delaware operates harm-reduction drop-off and exchange programs.
Even though Delaware legalized adult recreational possession in 2023 (HB 1 and HB 2), home cultivation of marijuana plants remains illegal statewide. Wilmington residents cannot grow personal-use plants.
Delaware's 2023 marijuana law allows municipalities to zone, but not ban, retail marijuana stores. Wilmington regulates dispensaries through Zoning Code Chapter 48 with locational standards and buffers from sensitive uses.
Delaware sets minimum separation distances between licensed marijuana retailers and sensitive uses. Wilmington applies these state buffers through its conditional-use zoning review for dispensaries.
Delaware's marijuana framework lets the Office of the Marijuana Commissioner authorize licensed delivery from retail stores. Wilmington customers must receive deliveries at private residences from state-licensed couriers, not at hotels or public spaces.
Delaware caps personal cannabis cultivation at zero plants. Adults 21+ may possess up to one ounce, but growing any number of plants at a Wilmington residence remains a criminal offense.
Delaware Code Title 7 Section 6062 bans most single-use plastic carryout bags at large retailers statewide. Wilmington stores must offer paper, reusable, or compliant alternatives instead, with penalties for repeat violations.
Delaware bans expanded polystyrene foam food service containers statewide under DE 7 §6080 et seq. Wilmington restaurants and food retailers must use approved alternatives such as paper, aluminum, or compostable containers.
Delaware restricts food establishments from automatically distributing single-use plastic straws and stirrers. Wilmington restaurants must provide them only when a customer specifically requests one.
Delaware extends its on-request rule to single-use plastic utensils and condiment packets. Wilmington restaurants and delivery platforms must omit them from takeout orders unless the customer specifically asks.
Delaware Code Title 30 Section 5301 sets the minimum age to purchase tobacco, vape, and nicotine products at 21. Wilmington retailers must check ID and refuse sales to anyone under 21.
Delaware requires a tobacco retailer license under Title 30 to sell vape and electronic smoking devices, and Wilmington retailers must also hold a city business license. Sales to under-21 buyers and unlicensed sales are prohibited.
Delaware has not enacted a statewide flavored tobacco ban, but follows federal restrictions on cartridge-based flavored e-cigarettes and prohibits sales to anyone under 21 under 30 Del.C. 5341.
Wilmington enforces stormwater management standards along Brandywine Creek and Christina River drainage areas, requiring runoff controls for new construction, redevelopment, and impervious-surface expansions exceeding state and county thresholds.
Construction sites in Wilmington must implement erosion and sediment controls under Delaware's statewide program, with plan approval required before clearing, grading, or excavation in regulated drainage areas.
Wilmington's Climate Action Plan sets greenhouse gas reduction targets, resilience strategies, and municipal sustainability commitments, but most measures rely on voluntary participation rather than mandatory residential requirements.
Delaware caps unnecessary vehicle idling under air-quality regulations, with enforcement applying statewide including in Wilmington commercial corridors and school zones, subject to weather and safety exemptions.
Parts of Wilmington lie within FEMA-designated flood zones along the Christina River, Brandywine Creek, and other waterways. Development in flood zones requires special permits and must comply with floodplain management regulations.
Grading and drainage in New Castle County are regulated through NCC Code building permits (IRC/IBC grading provisions) and the Delaware Sediment and Stormwater Program (7 Del.C. Chapter 40). Grading exceeding 100 cubic yards or creating significant cuts or fills requires permit. Drainage cannot be redirected onto neighboring property. Retaining walls over 4 feet require engineered design.
New Castle County contains Delaware Coastal Zone Act (CZA) regulated areas along the Delaware River and Bay (7 Del.C. Chapter 70). Heavy industry is banned in the coastal zone; most other development requires DNREC approval. Wetlands are protected under 7 Del.C. Chapter 66 (Wetlands Act). Port of Wilmington operates under special CZA provisions. Subaqueous Lands Act (7 Del.C. Chapter 72) regulates tidal and river bottoms.
Wilmington follows Delaware Drought Advisory protocols rather than year-round mandatory lawn-watering schedules, with voluntary conservation requested and mandatory restrictions activated only during declared drought conditions.
Wilmington customers should report visible water main breaks, hydrant leaks, and service-line failures promptly so Public Works can dispatch crews, prevent property damage, and track unbilled usage adjustments.
Wilmington does not operate a residential purple-pipe recycled water system, but Delaware permits limited reclaimed-water reuse for irrigation and industrial purposes through DNREC under specific permit conditions.
Wilmington's Zoning Code (Chapter 48) establishes residential, commercial, mixed-use, and special-purpose districts, with overlay zones for historic districts, the Riverfront, and waterfront industrial areas governing density and use.
Wilmington's Zoning Code includes limited density and height incentives for affordable housing, mixed-income development, and Riverfront redevelopment projects, though the city lacks a comprehensive statewide density-bonus mandate.
Wilmington encourages transit-oriented development around Wilmington Station and DART First State bus corridors through planned development overlays and Riverfront access initiatives, though no formal city-wide TOD ordinance exists.
Wilmington tobacco and vape retailers must hold a Delaware tobacco retail license under DE 30 §5301; minimum sale age is 21 statewide. City business license also required under Chapter 5.
Massage therapists in Wilmington must hold a Delaware Board of Massage and Bodywork license (DE 24 Ch. 53), and establishments need a city business license under Chapter 5 of the Wilmington City Code.
Wilmington secondhand dealers and pawnshops must register with Wilmington Police, retain purchased goods for a holding period, and report transactions to assist in stolen-property recovery under Delaware Title 24.
Wilmington pawnbrokers must hold a Delaware pawnbroker license, comply with state interest-rate caps, register with Wilmington Police, and maintain transaction logs under Delaware Title 5 Chapter 23.
Wilmington tow operators must hold a Delaware tow license, follow state rate caps under DE Title 21, register with Wilmington Police for non-consensual tows, and obtain a city business license under Chapter 5.
Wilmington maintains a growing bike lane network coordinated with DelDOT under the statewide Complete Streets policy, with rules prohibiting motor-vehicle parking or driving in marked bike lanes except for brief crossings.
Wilmington regulates dockless shared e-scooter and e-bike programs through operator agreements with the city, requiring permits, insurance, parking compliance, and adherence to state Motor Vehicle Code traffic rules.
Wilmington's Tree Code (Chapter 44) regulates removal, planting, and maintenance of trees in public rights-of-way, parks, and certain protected areas, requiring permits before removing covered trees.
Wilmington's Tree Commission identifies notable specimens worth protection, with heightened review before removal in historic districts, parks, and the Brandywine Park landscape designed by Frederick Law Olmsted.
When permitted removals occur, Wilmington's Tree Code typically requires replacement plantings or in-lieu fees deposited to the urban forest fund, supporting canopy goals across neighborhoods.
Wilmington City Code prohibits public urination and defecation as a misdemeanor under Chapter 23, punishable by fines. Enforcement is concentrated in Riverfront, downtown, and Market Street districts.
Wilmington prohibits open containers of alcohol on public streets, sidewalks, and parks under Chapter 23. Delaware Title 4 governs statewide alcohol law; permitted festival zones may allow sealed beverages.
Wilmington loitering ordinances must satisfy state and federal constitutional standards. Delaware Title 11 §1321 covers loitering and prowling; vague Wilmington-specific loitering laws have been narrowed over time.
Delaware's Clean Indoor Air Act (DE 16 Ch. 29) bans smoking in enclosed workplaces and public places statewide. Wilmington parks and city facilities have additional smoke-free policies under Chapter 28.
Delaware legalized adult-use cannabis (HB 1+2, 2023) but bans public consumption. Smoking or vaping cannabis in Wilmington streets, parks, vehicles, or public spaces remains a civil violation.
Delaware preempts local minimum-wage rules. The state minimum wage rose from $13.25 (2025) to $15.00 effective 2026 under DE Title 19 §902, applying uniformly across Wilmington and statewide.
Delaware's Healthy Delaware Families Act (DE 19 §3702A) created statewide paid family and medical leave, fully effective 2026. Wilmington cannot create a separate local paid-leave program — state law preempts.
Delaware has no statewide predictive scheduling law, and local governments lack independent authority to mandate advance work schedules under the labor preemption framework of 19 Del.C. 902.
Wilmington follows Delaware HB 80 (2017) informal sanctuary protections. The Wilmington Police Department limits civil immigration cooperation with ICE; criminal investigations remain unaffected.
Delaware does not require private employers to use the federal E-Verify system, and the state has not enacted a universal employment verification mandate beyond federal Form I-9 obligations.
New Castle County bin placement rules are set primarily by private haulers and subdivision HOAs rather than county ordinance. Bins must not obstruct sidewalks, roadways, or fire hydrants. NCC Code Chapter 9 property maintenance provisions prohibit bins stored in public view between collection days in many residential zones. Bins out past 24 hours after pickup can trigger blight citations.
Bulk disposal in unincorporated New Castle County is arranged through each resident's private hauler (appointment-based or monthly) or by self-hauling to Delaware Solid Waste Authority (DSWA) transfer stations and Cherry Island Landfill. Appliances must have refrigerant removed. Electronics and household hazardous waste go to DSWA drop-off events. Illegal dumping is enforced under 7 Del.C. §6005.
Delaware's Universal Recycling Law (7 Del.C. Chapter 60, §6060) requires all waste haulers to offer curbside recycling to single-family residential customers in New Castle County. Accepted materials include paper, cardboard, glass, aluminum, steel cans, and plastics #1 and #2. DSWA manages the statewide recycling infrastructure. Multifamily and commercial recycling is also mandated.
New Castle County does not provide county-wide municipal trash collection; most residents contract with private haulers such as Republic Services, Waste Management, Advanced Disposal, or local companies. Delaware Solid Waste Authority (DSWA) operates transfer stations and the Cherry Island Landfill. Collection schedules vary by subdivision and hauler contract.
New Castle County does not set a specific numerical limit on yard sales per year at the county level. Frequent or ongoing sales can trigger UDC Article 40 home occupation or unlicensed retail provisions. Wilmington and Newark may impose explicit limits (commonly 2 to 4 sales per year). HOAs in many subdivisions impose stricter limits enforced privately.
New Castle County does not require a permit for typical residential garage and yard sales in unincorporated areas. Signs must comply with UDC sign rules. Frequency limits apply under property maintenance and home business provisions. The City of Wilmington and City of Newark have their own rules, which may require registration or limit frequency.
New Castle County does not set specific garage sale hour limits in unincorporated areas. Sales are constrained by the general noise ordinance (NCC Code §22.04.001), which limits daytime noise to approximately 7 AM to 9 PM. Wilmington and Newark often limit sales to 8 AM or 9 AM through 6 PM or dusk. Traffic and parking congestion rules apply.
New Castle County regulates food truck vending locations through the UDC. Trucks must operate on private property with owner permission and may require a temporary use permit for extended operations. Right-of-way vending is generally prohibited outside permitted special events. Wilmington, Newark, and Middletown have their own vending zone rules. School and hospital site vending typically requires separate contracts.
Food trucks operating in unincorporated New Castle County require a NCC business license plus a mobile food establishment permit from the Delaware Division of Public Health, Office of Food Protection (16 Del.C. Chapter 1, Food Code). Annual inspection, commissary agreement, and Delaware ServSafe-equivalent food handler certification required. Wilmington and Newark have separate permits.
New Castle County regulates door-to-door solicitors under NCC Code Chapter 25 (Peddlers and Solicitors). Commercial solicitors must obtain a county solicitor permit, submit to a background check, and display a visible ID badge while canvassing. Permitted hours are generally 9 AM to dusk or 8 PM. Religious and political canvassing are exempt under First Amendment protections. Violations can trigger criminal trespass under 11 Del.C. §823.
New Castle County recognizes posted No Soliciting signs as legally enforceable notice under 11 Del.C. §823 (criminal trespass). The county does not operate a centralized no-knock registry; enforcement relies on visible signage at the property. Exemptions apply for political, religious, and nonprofit canvassers. Commercial solicitors who ignore posted signs face citations and potential criminal charges.
Recreational drone flight in New Castle County is governed by FAA rules (49 USC §44809 Recreational Exception) with Delaware Division of Parks and Recreation rules for state parks. New Castle County has no countywide drone ordinance but prohibits launches from county parks without permission. FAA TRUST test and registration required; 5-mile airport notice applies to Wilmington Airport (ILG), New Castle Airport, and Summit Airport.
Commercial drone operations in New Castle County require an FAA Part 107 Remote Pilot Certificate. Operations near Wilmington Airport, New Castle County Airport, and Summit Airport require LAANC. Commercial filming on county property needs a special use permit and liability insurance. Delaware State Parks and DNREC lands prohibit commercial drone use without specific permits.
New Castle County sets building height limits by zoning district under UDC Article 40. Residential districts typically allow 35 ft or 2.5 stories for single-family homes. Commercial and mixed-use districts allow 45 to 75+ ft depending on location. Height measured from average finished grade. Chimneys, antennas, and mechanical screens have limited exceptions. Airport approach zones near ILG and Summit add FAA Part 77 restrictions.
New Castle County limits lot coverage through UDC Article 40 and associated stormwater regulations. Residential districts typically allow 30 to 50% building coverage and 60 to 70% total impervious coverage. Lots exceeding coverage thresholds must provide additional stormwater management. Floodplain and sediment-and-stormwater rules (7 Del.C. §4001 et seq.) add requirements on large additions.
New Castle County sets building setbacks through the Unified Development Code (UDC) Article 40. Setbacks vary by zoning district: NC5 (typically 25 ft front, 5 ft side, 30 ft rear), NC6a/NC6b (smaller lots with proportional reductions), and S (Suburban) with larger setbacks. Corner lots have dual front yards. Variances go to the NCC Board of Adjustment.
New Castle County does not impose a countywide snow clearance mandate on property owners for public sidewalks. The City of Wilmington requires sidewalk clearing within a set period (typically 24 hours after snowfall ends) under Wilmington City Code. Newark and other incorporated places have their own rules. NCC Code property maintenance provisions address general accumulation but do not specify sidewalk deadlines countywide.
New Castle County property maintenance rules apply to yard sale conduct: merchandise must be displayed neatly, cleaned up same-day after sale hours, and signs removed within 24 hours. Unsold items left visible between sale days can trigger blight citations under NCC Code Chapter 9. Signs on utility poles or public right-of-way violate UDC sign rules and 17 Del.C. right-of-way provisions.
New Castle County requires trash and recycling containers to be screened from street view between collection days per UDC 40.04.110. Bins may be at curb 12 hours before pickup and must be returned within 12 hours after. Wilmington has similar rules.
New Castle County UDC 40.04.110 requires vacant lot owners to maintain grass under 10 inches, remove trash and debris, and secure structures. Municipal abatement with lien available for non-compliance.
New Castle County enforces the International Property Maintenance Code through UDC Article 40. Peeling paint, broken windows, accumulated debris, and overgrown vegetation are violations. Wilmington's vacant property registration program adds escalating fees.
New Castle County regulates outdoor lighting under UDC Article 40 lighting standards, requiring full-cutoff fixtures for new commercial and multifamily development. Residential dark-sky rules are limited; light trespass onto neighbors is addressed through nuisance provisions. Full International Dark-Sky Association certification is not adopted countywide. Wilmington has separate municipal lighting rules.
New Castle County UDC Article 5 requires exterior lighting to be shielded and directed onto the property. Light trespass onto adjacent residential lots is prohibited, with 0.1 foot-candle maximum at residential property lines.
New Castle County does not maintain a county-wide juvenile curfew for unincorporated areas. The City of Wilmington operates a juvenile curfew under Wilmington City Code (typically 11 PM to 6 AM school nights, midnight to 6 AM weekends for minors under 17). Delaware Family Court handles juvenile status offenses under 10 Del.C. Chapter 9. Parents can be held responsible under parental contribution statutes.
New Castle County parks close at sunset or posted hours under NCC Code Chapter 24 (Parks and Recreation). Delaware State Parks in the county (Brandywine Creek, White Clay Creek, Bellevue, Lums Pond, Fort Delaware) follow Division of Parks rules with hours typically 8 AM to sunset. After-hours presence is criminal trespass under 11 Del.C. §823. Alcohol, camping, and fires without permit are prohibited in most park areas.
New Castle County requires building and electrical permits for solar panel installations. Rooftop residential systems are typically permitted in 2-4 weeks. 3-foot fire setbacks from roof ridges and edges required per IRC.
Delaware's Solar Rights Act (25 Del. C. §318) limits HOA restrictions on solar panels. HOAs may impose reasonable aesthetic rules but cannot effectively prohibit installation or impose conditions that raise cost over 5% or reduce output over 10%.
New Castle County UDC allows political signs on private property without permit, up to 6 sq ft in residential zones. Signs in DelDOT rights-of-way are prohibited. Removal required within 7 days after the election.
New Castle County permits temporary yard sale signs on the seller's property without permit. Off-premises directional signs are limited; placement in rights-of-way is prohibited. Signs must be removed within 24 hours of sale end.
New Castle County permits residential holiday decorations without permit. Displays must not obstruct sight lines or create hazards. UL-listed outdoor electrical equipment required. HOA rules may impose seasonal limits.
Delaware issues concealed deadly weapon licenses through the Prothonotary under 11 Del.C. 1441, requiring background checks, character references, and a published notice of intent before issuance.
Delaware preempts local firearms regulation under 22 Del.C. 111, reserving most firearm laws to the state legislature with limited municipal exceptions for police, parks, and public buildings.
Delaware generally permits open carry of firearms by individuals 18 or older without a permit, subject to location restrictions in schools, courthouses, and certain state buildings.
Delaware treats a loaded handgun in the passenger compartment of a vehicle as a concealed deadly weapon under 11 Del.C. 1442, requiring a Concealed Deadly Weapon License unless the firearm is unloaded and stored properly.
Delaware preserves agricultural land through 3 Del.C. Chapter 9 Agricultural Lands Preservation, restricting nonfarm zoning encroachments and supporting county agricultural districts statewide.
Delaware shields agricultural operations from nuisance lawsuits under 3 Del.C. 1401, protecting farms operating consistently with generally accepted agricultural practices for at least one year.