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. Our permit assistance fee is $275 for most townships (some townships charge more).
Quick Summary
Delaware doesn't have a single statewide building code for residential construction. Each county sets its own rules. Generally:
150–300 sq ft
Permit threshold range
Always
Electrical permit for any wiring
3–5 ft
Typical side/rear setback
County-by-County Breakdown
New Castle County
200+ sq ft requires a building permit
- Requires 3 copies of a plot plan + construction drawings for sheds up to 480 sq ft
- Typical setbacks: 3 ft from rear and side property lines
- Sheds generally not allowed in front yard (unless lot is 2+ acres)
- Wilmington and Newark have their own building departments with additional rules
Kent County
300+ sq ft requires a building permit
- Sheds must be located behind the house
- 10 ft minimum from house, well, and septic system
- 5 ft setback from rear and side property lines
- Lots under ½ acre have additional drainage standards
- Dover follows county codes for shed permits
Sussex County
ALL sizes require a permit
- Under 400 sq ft: county placement permit required
- 400+ sq ft: formal plan review by Land Use Department
- 5 ft minimum setback from rear and side property lines
- Coastal areas have additional flood zone requirements (FEMA elevation)
- May need both county + local town permits
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
Contact your county building department
Confirm your zoning district and what size triggers a permit. Ask about flood zones if you're coastal.
Prepare a plot plan
New Castle requires 3 copies. Kent needs detailed construction drawings. Sussex needs a placement plan (under 400 sq ft) or formal plan review (400+ sq ft).
Submit your application + fees
Most Delaware counties still accept in-person or mail submissions. Some offer online options.
Wait for approval
Typical timeline is 1–3 weeks for smaller sheds, longer for structures requiring formal plan review.
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
More Permit Guides
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