Before a single post hole gets dug, check four things: whether your town or county wants a permit, what your deed or HOA allows, where your property line actually is, and what’s buried in the yard.
Skip one and you could end up moving a fence you just paid for. And the rules change from one zip code to the next more than most people expect.
Do you need a fence permit in Delaware?
It depends on where you live. Delaware doesn’t have one statewide fence permit rule. Your county or town decides, and in unincorporated New Castle County, most residential fences don’t need a permit at all.
Fence Permits in Delaware
New Castle County says fences are exempt from permitting, with one exception: swimming pool barriers. There’s a second catch. If your lot sits in a floodplain, the county requires a floodplain permit for the fence. You can check that on the county’s parcel map viewer under the Environmental/FEMA layers.
Cities and towns write their own codes, though. So call before you commit.
| Where the property is | Permit for a typical backyard fence? | Who to ask |
| Unincorporated New Castle County | No, except pool barriers and floodplain lots | New Castle County Land Use |
| Inside a city or town (Wilmington, Newark, Dover, Lewes and others) | Set by the town | That town’s code or permits office |
A five-minute phone call now beats a stop-work order later.
How tall can a fence be in New Castle County?
Six feet, in most backyards. New Castle County caps residential fences at 6 feet, lets the top reach 7 feet on sloped ground, and limits street-yard fences to 4 feet in the NC5, NC6.5, NC10 and NC15 zones.
Corner lots get one more rule, and it trips people up. The county requires a clear sight triangle where two streets meet, 25 feet back along each property line. No fence, wall, or hedge can block drivers’ view inside it. That nice privacy fence wrapping the corner? It may have to stop short.
Materials matter too. The county lists wood, vinyl, aluminum, wrought iron, brick, stone and PVC as fine. Sheet metal, plywood and concrete block aren’t allowed. And once it’s up, the fence has to stay structurally sound, so no rotted boards or rusted-out sections.
Not sure which material fits your yard? Our post on Residential Fencing: Popular Options, Benefits, and Factors Homeowners Should Consider walks through it.
Can deed restrictions or an HOA override county fence rules?
Yes. New Castle County says validly adopted deed restrictions can govern a fence’s installation, height and material, and the county’s fence ordinance doesn’t replace them.
In plain terms: the county may say 6 feet is fine, while your development’s restrictions say 4 feet, white vinyl only. Those restrictions still apply, and your HOA can enforce them.
Pull your deed and any covenants before you pick a style. Then check whether your HOA wants an application and a drawing first. This is one of the things our operations manager, Dakota Barcus, handles for customers, along with approvals and permits. Most people would rather not chase that paperwork themselves.
How do you find your exact property line in Delaware?
With a survey from a licensed land surveyor. Not the old fence. Not the neighbor’s memory. Definitely not where the mowing stops. A boundary survey with marked corners is the only reliable way to know where your land ends.
Here’s the interesting part. New Castle County allows fences right on the property line. But the county also recommends setting the fence back from the line to cut down on disputes and leave room to maintain it. We agree. A few inches inside your own line means you can reach both sides of your fence without asking anyone.
Building right on the line can also make it a shared fence. Delaware’s old division fence law, Title 25, Chapter 13 of the Delaware Code, says adjoining owners who both improve their land keep a partition fence up in equal shares. That’s a conversation most neighbors would rather skip.
If you already have a survey from your closing, dig it out. If the corner pins are missing or the plat is decades old, get it re-staked before we lay out the posts.
When should you call 811 before a fence goes in?
At least 2 working days before digging, and no more than 10. That’s Miss Utility of Delmarva’s notice window for Delaware, and it applies to homeowners as well as contractors.
Every post hole is excavation. Gas, electric, water, sewer and communication lines get marked with paint or flags. If a contractor is doing the work, Miss Utility says the ticket has to be in the contractor’s company name, not yours.
What doesn’t get marked is just as important. Private lines like sprinkler systems, septic lines and invisible dog fences aren’t covered because the utilities don’t own them. So tell your installer where those run. And once the marks are down, Delaware requires hand digging within 24 inches of them.
Frequently asked questions
Can I build my fence right on the property line in Delaware?
In New Castle County, yes, but the county recommends setting it back from the line. Get a survey first, either way.
Do I need a permit for a pool fence?
In New Castle County, yes. Pool barriers are the one residential fence the county still requires a permit for.
Who calls Miss Utility, me or the fence company?
If a contractor is digging, the ticket goes in the contractor’s company name. Homeowners doing their own digging call 811 themselves.
Will my fence company handle permits and HOA approval?
Ours does. We help with deed restrictions, HOA approvals and permits as part of the job.
Thinking about a new fence? John Landoll, our owner, comes out for a free on-site estimate and goes over the rules for your property before you sign anything. See our Residential Fencing options, meet the team on our About Us page, then request a free estimate or call 302-374-0596.
