Shed & Garage Permits in New Castle County
New Castle County, Delaware
Everything you need to know about getting a permit for a shed, garage, or other accessory structure in New Castle County.
Who This Covers
This is NEW CASTLE COUNTY, Delaware — the county Department of Land Use. It is one of Delaware's three counties, not the whole state. Kent County and Sussex County each run their own permit office.
The county handles UNINCORPORATED land. If the property sits inside a town or city limit (Newark, Middletown, Smyrna, New Castle city, Bear-area municipalities, Wilmington), that municipality issues the permit instead. A Middletown or Newark mailing address does NOT mean the town is the permit authority — check the parcel before filing.
When a Permit Is Needed
Shed 200 sq ft or less: NO building permit, but all setbacks still apply.
Shed or garage over 200 sq ft: building permit required.
A building on treated 4x4 skids is still permanent in the county's eyes unless it is genuinely moved off site within a year.
A structure big enough for a car with a door big enough for a car is a GARAGE, even if the owner calls it a shed. Garages carry extra code items (sloped floor, fire separation if habitable space is above).
The 480 Square Foot Line — the most important threshold
480 sq ft and UNDER: a current plot plan, signed and sealed by an engineer or surveyor, showing all existing and proposed improvements. A mortgage inspection survey usually works.
OVER 480 sq ft: you must also have a LINES AND GRADES (L&G) PLAN plus the current Residential L&G Checklist, both signed and sealed by a Delaware licensed engineer or surveyor. That is a topographic survey showing existing and proposed contours, limits of disturbance, silt fence and stabilized construction entrance. It is surveyor work that takes weeks and costs real money — quote it to the customer up front.
The Cline garage was 612 sq ft, so it needed the L&G plan. It was prepared by Clifton L. Bakhsh, Jr., Inc., Middletown DE, 302-378-8009.
How to File (eServices / ePlans — online only)
1. Complete the Automated Building Permit Application in eApply at https://www.newcastlede.gov/eplans.
2. Watch the applicant's email for the assigned task to upload documents.
3. Upload each document as its own PDF, correctly oriented. EACH PLAN SHEET MUST BE A SEPARATE PDF — a multi-page plan set in one file gets rejected.
4. The county prescreens, then routes to zoning, building and lines-and-grades reviewers. Comments come back through ePlans; you fix and re-upload.
5. Permit issues with a placard. It must be posted on site, and one PAPER set of the approved plans must be on site at every inspection.
Documents Required
Building Contractor License (Delaware business license + New Castle County contractor endorsement), OR an Owner-Occupier Affidavit if the homeowner is pulling it themselves
Building plans: floor plan, elevations, cross sections, drawn to scale, each sheet its own PDF
Current plot plan, signed and sealed by an engineer/surveyor, showing all existing and proposed improvements
Lines and Grades plan + Residential L&G Checklist, signed and sealed (480 sq ft and greater)
Septic capacity approval from DNREC if the work adds bedrooms (302-739-9947)
DelDOT street entrance permit if a driveway entrance is added or moved (302-326-4679)
Board of Adjustment variance if any setback cannot be met (302-395-5400)
Demolition permit, separately, if anything is being torn down
Owner-Occupier Route (how the Cline permit was filed)
NCC Code 6.03.012(A) lets the owner-occupier of a home that is not for sale or rent pull the permit for a residential accessory structure, either acting as their own contractor or intending to do the work themselves.
The owner signs the Owner-Occupier Affidavit: https://www.newcastlede.gov/DocumentCenter/View/59577/Owner-Occupier-Affidavit
The permit then reads HOMEOWNER PERMIT and the owner is responsible for code compliance.
This is the cheapest and fastest route when the homeowner is willing. Use it where the customer agrees.
Contractor Route (what we need on file to pull it ourselves)
Delaware Division of Revenue business license
New Castle County contractor license endorsement (Land Use licensing section)
Statutory Compliance Bond, signed and sealed by contractor and surety, naming New Castle County. The bond stays exposed for three years after the Certificate of Occupancy.
Certificate of insurance
Setbacks, Height & Coverage
Minimum 3 ft from rear and rear-side property lines. Side setbacks away from the rear follow the zoning district — look the district up before promising a location.
20 ft setback for a garage door facing an alley.
An accessory structure may NOT sit in front of the house. Exception: lots over two acres may have one accessory structure in front, as long as it stays out of the required front and street yards.
An accessory structure may occupy at most 30% of the REQUIRED REAR YARD. Required rear yard is usually 25 to 40 ft deep. Example: a 100 ft wide lot with a 25 ft required rear yard allows 750 sq ft in that yard (100 x 25 x 30%). A bigger building must be pulled forward.
Height: 20 ft max on lots of one acre or less. On lots over one acre the accessory building may match the height of the house, provided it is completely out of all setbacks.
10 ft isolation distance between any new structure and an existing septic drain field, and do not compact the field while grading.
Deed restrictions are common and the county does NOT review or enforce them. The owner has to check their own deed.
Code & Inspections
Current code: 2024 International Residential Code as amended by NCC Chapter 6 (the Cline placard was printed against the 2021 IRC; the approved sheets were stamped 2024 IRC).
Work must START within 45 days and FINISH within 12 months. A permit goes invalid if work is abandoned 30 days after starting.
Typical detached garage inspection list: courtesy inspection (homeowner permits), foundation, exterior framing self-cert, weather barrier self-cert, rough electric, contractor license check, close-in, final grading, final electric, final inspection.
Sheds and re-roofs can use FINAL INSPECTION SELF-CERT.
Nothing may be used or occupied until a Certificate of Occupancy is issued.
Schedule inspections at inspections.newcastlede.gov.
Plan Review Items That Catch Garages
Garage floor must slope toward a drain or the main vehicle door (IRC R317.1)
Distance to lot line drives fire-rated wall requirements (R302.1)
8 in framing clearance to grade, 6 in to exposed concrete (R304.1)
Footing bottom at least 32 in below grade; 12 in wide monolithic, 16 in wide block
Ceiling joist to rafter connections, roof ventilation, roof flashing, exterior wall covering attachment
Carports must be open on at least two sides
Fees
Building permit: $12 per $1,000 of valuation, $142 minimum
Certificate of Occupancy: $60
Zoning review: 10% of the building permit fee, $21 minimum / $145 maximum
NCC Volunteer Fire Assistance Fund: 0.5% of valuation
Lines & Grades / floodplain / wetland review: $65 per review
These are COUNTY fees only. The surveyor's plot plan or L&G plan is a separate cost paid to the surveyor.
Contact
New Castle County Department of Land Use, 87 Reads Way, New Castle, DE 19720
302-395-5400, [email protected]
ePlans / eApply: https://www.newcastlede.gov/eplans
ePlans Training Center: https://www.newcastlede.gov/2378/ePlans-Training-Center
Plan Review (L&G forms and checklist): https://www.newcastlede.gov/355/Plan-Review
Inspections: https://inspections.newcastlede.gov
Honestly? It's usually simpler than it looks
Before you hand this off to anyone, we'd encourage you to just call or stop by the New Castle County township office. The folks there handle shed and garage permits all the time — they'll give you the forms and walk you through filling them out. For a standard shed, most townships only need three things from you:
A certificate of insurance. Just ask and we'll email you a copy. It's easier to get than most people expect — see what one looks like.
A drawing / spec sheet of your building. We'll email you a copy of this too.
That's typically the whole list for a standard shed. Give it a shot yourself first — a lot of folks are pleasantly surprised at how quick it is. And if you get stuck or would just rather not deal with it, we're glad to help (see below).
We Deliver to New Castle County
White Pine Structures handles delivery and setup throughout New Castle County. We can also help you navigate the permit process — many of our customers in New Castle County have gone through this before and we know what to expect.
Disclaimer
This information is provided as a helpful reference and may not reflect the most current regulations. Always verify requirements directly with New Castle County's code enforcement or zoning office before starting your project. White Pine Structures is not responsible for permit application outcomes. Information last verified: September 2026.