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New Castle County, DE Zoning Overlays & Bonuses: Density Bonus Law (2026)

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

Key Facts

Max density bonus
20% above base density
MPDU set-aside
half of bonus, up to 10%
Applies to
major subdivisions, no rezoning
Base density basis
site capacity calc, Articles 4-5
Program
Traditional Neighborhood Housing, Div. 40.07.500

Summary

New Castle County lets major subdivisions earn up to a 20% density bonus above base zoning capacity when developers voluntarily set aside Moderately Priced Dwelling Units, with MPDUs equal to half the bonus percentage.

City-specific rules exist: Wilmington has its own density bonus law rules that differ from New Castle County's county-level regulations. If you live in Wilmington, check the city-specific page instead.

MPDUs may be provided on a voluntary basis subject to the following provisions. A. Density bonus. Any major subdivision proposing dwelling units may receive a density bonus if such plan provides MPDUs. 1. The residential density incentive shall be up to twenty (20) percent of the base density... B. Set-aside. The number of MPDUs that shall be set-aside shall be based upon a percentage equaling fifty (50) percent of the density bonus. If the density bonus is twenty (20) percent, ten (10) percent of all dwelling units shall be designated as MPDUs.

View 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 5).

Full Breakdown

Under UDC § 40.07.520, a major subdivision that is not seeking a rezoning may still qualify for extra density by voluntarily providing Moderately Priced Dwelling Units (MPDUs). The residential density incentive tops out at 20% above the base density, which the Department calculates using a by-right site capacity calculation under Articles 4 and 5 and Table 40.04.110. In exchange, the developer must set aside MPDUs equal to half the density bonus taken, so a full 20% bonus requires designating 10% of all units as MPDUs. This voluntary track sits alongside the mandatory MPDU rules in § 40.07.510 that apply to rezonings and variances seeking added density.

Violations & Fines

Building at the bonus density without deeding the required MPDUs breaches the approved land development plan; the Department can deny certificates of occupancy and require correction before final plan approval.

Frequently Asked Questions

Does New Castle County require affordable units for a density bonus?
Only if the developer wants the bonus. Under § 40.07.520 the MPDU set-aside for major subdivisions not seeking a rezoning is voluntary. MPDUs are the trade for extra density, not a standalone mandate.
How much extra density can a developer get?
Up to 20% above the by-right base density calculated under Articles 4 and 5 of the Unified Development Code, provided at least 10% of all units are designated as MPDUs.

Sources & Official References

Other rules in New Castle County

All New Castle County rules

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