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Delaware Shed & Garage Permit Guide

Delaware has just three counties, but each has different rules. Plus flood zones along the coast add another layer. Here's what you need to know.

Updated for 2025–2026

We handle permits so you don't have to.

White Pine Structures is a specialty builder of portable structures & detached buildings — not a general contractor. We help navigate your township's permit process. It starts with a permit review — we find out what your township requires, prepare the documents (including your site plan and impervious coverage worksheet), and hand everything to you to submit under your own name.

Building larger or double-wide? This part matters.

For simple, smaller buildings we handle the whole permit process for you. But for larger or double-wide structures — anything 16 ft wide and up — approval takes more legwork, and the single biggest thing that gets these across the finish line is you being willing to go to the township and talk with them personally. We prepare everything and coach you on exactly what to say, but a local homeowner advocating for their own project moves the needle in a way we simply can’t do remotely.

What a township prints on its paperwork doesn’t always reflect what they’ll actually approve in person — which is exactly why your involvement makes the difference on bigger builds. Think of it as a team effort: we do the heavy lifting, and your willingness to show up is often what gets a larger structure approved.

Our permit review covers every size — big build or small. Two honest heads-ups on larger builds: your township charges its own permit fee on top, and if they require sealed (engineer-stamped) drawings, those are prepared by an outside engineer at an additional cost. We’ll tell you exactly what your township needs before anything is spent.

Start Your Permit Review

Quick Summary

Delaware doesn't have a single statewide building code for residential construction. Each county sets its own rules. Generally:

0–300 sq ft

Shed permit threshold, by county

Always

Electrical permit for any wiring

3–5 ft

Typical side/rear setback

County-by-County Breakdown

New Castle County

Over 200 sq ft needs a building permit

Strictest
  • 200 sq ft or less: no building permit, but setbacks still apply
  • 480 sq ft and under: a plot plan signed and sealed by a surveyor or engineer
  • Over 480 sq ft: a sealed Lines & Grades (topographic) plan and checklist from a Delaware licensed surveyor or engineer — the biggest cost and time item
  • Filed online only through ePlans — every plan sheet uploaded as its own PDF
  • Min 3 ft from rear and rear-side lines; never in front of the house (except one building on lots over 2 acres)
  • Wilmington, Newark and other towns issue their own permits inside town limits
Full New Castle County permit page

Kent County

Garages: permit at any size · Sheds: over 300 sq ft

Moderate
  • Detached garages, carports and pole buildings need a permit no matter the size
  • Sheds, playhouses and gazebos need one once they are over 300 sq ft
  • 5 ft from side and rear lines, 5 ft from the house, 10 ft from septic
  • Not forward of the house unless at least 100 ft back from the front line; 20 ft average roof height
  • Filed online through My Government Online; inside a town, get the town’s zoning approval first
Full Kent County permit page

Sussex County

ALL sizes require a permit

Most comprehensive
  • Every shed needs a county permit, pre-built or site-built, any size
  • Under 600 sq ft: 5 ft from side and rear property lines
  • 600 sq ft or more: the building must meet the same setbacks as the house
  • Disturbing 5,000+ sq ft of ground needs a Sussex Conservation District plan first
  • Coastal areas add FEMA flood-zone rules; towns may add their own permit
Full Sussex County permit page

Shed Permits by Town

Delaware permits run through the county unless you're inside town limits. Here's the short answer for the towns we deliver to.

Do I Need a Permit for a Shed in Wilmington, DE?

New Castle County

Inside Wilmington city limits the City of Wilmington issues the permit, not the county. But many Wilmington mailing addresses (Greenville, Pike Creek, Brandywine Hundred) are unincorporated New Castle County, where a permit is needed over 200 sq ft and a sealed Lines & Grades plan over 480 sq ft. Look up the parcel first.

Do I Need a Permit for a Shed in Newark, DE?

New Castle County

Inside City of Newark limits the city handles the permit. Many Newark mailing addresses are actually unincorporated New Castle County, which requires a permit over 200 sq ft and files everything online through ePlans. Confirm which one your parcel is in before you order.

Do I Need a Permit for a Shed in Middletown, DE?

New Castle County

A Middletown address may be inside the Town of Middletown or out in unincorporated New Castle County — the parcel decides. Our last county garage with a Middletown address needed a sealed plot plan, a Lines & Grades plan (it was over 480 sq ft) and 3 ft rear setbacks, all filed through ePlans.

Do I Need a Permit for a Shed in Bear, DE?

New Castle County

Bear is unincorporated New Castle County, so county rules apply directly: a building permit over 200 sq ft, a sealed plot plan up to 480 sq ft, a sealed Lines & Grades plan above that, and 3 ft rear setbacks. Filed online through ePlans.

Do I Need a Permit for a Shed in Dover, DE?

Kent County

Inside city limits, Dover signs off on zoning first. Kent County rules: garages need a permit at any size, sheds once over 300 sq ft, with 5 ft side/rear setbacks, 5 ft from the house and 10 ft from septic. Confirm with the City of Dover and Kent County.

Do I Need a Permit for a Shed in Smyrna, DE?

Kent County

Inside Smyrna town limits you need the town’s zoning approval, then Kent County rules apply: garages at any size, sheds over 300 sq ft, 5 ft side/rear setbacks, and no placement forward of the house. Confirm with the town and Kent County.

Do I Need a Permit for a Shed in Seaford, DE?

Sussex County

Seaford is in Sussex County, where every shed needs a county permit regardless of size, plus any city requirements. Buildings under 600 sq ft can sit 5 ft from side and rear lines. Confirm with the City of Seaford and Sussex County.

Do I Need a Permit for a Shed in Georgetown, DE?

Sussex County

Georgetown falls under Sussex County, which requires a permit for every shed size. Under 600 sq ft the setback is 5 ft from side and rear lines; 600 sq ft and up must meet house setbacks. Check town requirements too.

Do I Need a Permit for a Shed in Lewes, DE?

Sussex County

Lewes is coastal Sussex County, so a county permit is required for any size shed and FEMA flood-zone rules often apply. The city adds its own review. Confirm with the City of Lewes and Sussex County.

Do I Need a Permit for a Shed in Millsboro, DE?

Sussex County

Millsboro falls under Sussex County (a permit for every size; 5 ft setbacks under 600 sq ft, house setbacks at 600+) plus town review. Coastal parcels may face flood-zone requirements.

Flood Zone Considerations

Delaware’s coastal areas, especially in Sussex County, have FEMA-designated flood zones that add extra requirements:

  • Structures may need to meet FEMA elevation requirements
  • Flood-resistant materials may be required
  • DNREC (Dept. of Natural Resources) may require additional permits near beaches, wetlands, or tidal waters
  • Flood zone compliance can add 2–4 weeks to the permit process

Tip: Check your FEMA flood zone at msc.fema.gov before ordering.

The Permit Process

1

Find out who issues your permit

A Wilmington, Newark or Middletown mailing address does not mean the town is in charge — many of those addresses are county land. Look up your parcel first, then confirm your zoning district and setbacks.

2

Get the right drawing for your size

New Castle: a sealed plot plan up to 480 sq ft, a sealed Lines & Grades plan over 480 sq ft. Kent: a plot plan plus construction plans. Sussex: a site plan showing distances to every property line, with more review for larger buildings.

3

Submit your application + fees

New Castle is online only through ePlans (each plan sheet its own PDF). Kent is online through My Government Online. Sussex takes walk-ins at the Georgetown permit office. Fees are based on the value of the building.

4

Wait for approval

A small shed can move in a few weeks. A garage that needs a surveyor’s Lines & Grades plan in New Castle County can take several months from survey to permit — our last one took about five.

5

Schedule delivery + final inspection

Place your structure and schedule the required inspection. Sussex County may require a footing inspection for larger structures.

How We Can Help

We deliver throughout Delaware and understand the county-level differences. Let us handle the permit research for you.

  • We know what each DE county requires for the size you're looking at
  • We provide plot plans and construction drawings when required
  • We'll flag flood zone concerns during your initial consultation
  • Free guidance on foundation, placement, and setback requirements

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