Start with the property's jurisdiction, not just its mailing address. There is no single permit answer for every fence in Delaware. For an ordinary fence under New Castle County's rules, the county's current guidance lists a permit exemption; swimming-pool barriers are excluded. A city or town may have its own process.
Reviewed November 2, 2026. This planning guide is not a permit determination or legal advice. Confirm the requirements for your address and proposed work with the responsible land-use or building office before installation.
New Castle County Fence Permits
The county's Work Exempt from Permit document, revised January 1, 2026, exempts fences other than swimming-pool barriers. An exemption does not waive construction or zoning rules. Properties in historic overlay districts also require review.
The county Fences FAQ, revised January 6, 2026, explains several separate checks:
- Height and location: Residential fences generally have a six-foot maximum, with a four-foot street-yard limit in NC5, NC6.5, NC10 and NC15 districts. Exceptions and installation details matter; check the applicable zoning provisions.
- Property lines: County guidance allows placement on a property line, but recommends leaving space to reduce disputes and allow maintenance. Do not assume an existing fence marks the legal boundary.
- Corner lots: Fences must not obstruct the required street-visibility triangle.
- Floodplains: A proposed fence in a floodplain must meet floodplain requirements, including a floodplain permit.
- Private restrictions: Valid deed restrictions can govern fence installation, height and materials.
The FAQ is a summary; the Unified Development Code controls. These county statements are not a substitute for checking an incorporated municipality's requirements.
City of Wilmington and City of Newark
If the property is within Wilmington or Newark, ask that city's building or planning office about the proposed fence. Do not apply the county permit exemption or height rules to a city address without confirmation. Provide the location, height, material and whether the fence will enclose a pool. Ask whether historic-district review or street-corner visibility restrictions affect the design.
Kent County and the City of Dover
First establish whether the parcel is within Dover or another municipality, or in unincorporated Kent County. Ask the responsible office about fence height, placement, permits and any project-specific reviews. A Dover mailing address alone does not establish which rules apply; New Castle County's exemption is not a Kent County or Dover rule.
Sussex County and Coastal Towns
Confirm whether county or municipal review applies before choosing the layout. Properties in towns such as Lewes or Rehoboth Beach may be governed by local requirements separate from the county. Tell the reviewing office about a pool, floodplain location or other site constraints rather than assuming a standard residential-fence exemption applies.
What to Have Ready for an Address-Specific Answer
- The property address and parcel information, plus a survey or site plan if available.
- A sketch of the proposed fence line, gate openings, nearby streets and property boundaries.
- Proposed height, material and use: privacy, pets, property enclosure or pool barrier.
- Whether this is a new installation, a repair or a replacement, including any changes to the existing layout.
- Any HOA documents, deed restrictions or prior approvals you have.
Ask the reviewing office which documents are required and, if a permit or review is needed, its current fees and processing time. This guide does not quote a universal fee or approval timeline.
Do I Need a Permit to Replace an Existing Fence?
Do not assume an old fence was approved or that replacement is automatically exempt. Describe the existing and proposed fence to the responsible office, including changes in height, material, location and pool-barrier use. Confirm the boundary before reusing the old fence line. A permit or prior installation does not by itself resolve a boundary dispute; consult a qualified surveyor when the line is uncertain.
HOA Approval Is Separate from Government Approval
Review your community's covenants and architectural-review process before ordering materials. Ask whether written approval is needed for the material, color, height, style and gate placement. HOA approval is not a government permit, and a government exemption does not cancel private restrictions. See our HOA fence planning guide for questions to bring to your association.
Plan Your Fence Estimate
Send TWO MEN Fence & Construction your property address, photos, approximate fence length, preferred material, gate needs and any approval documents. We can discuss the project scope at your estimate; confirm who is responsible for any required applications before scheduling work.
Compare wood fencing, vinyl fencing and aluminum fencing, or request a free estimate. For a pool project, flag the barrier requirement when you contact us.
Call Oscar at (610) 212-7123 or Anna at (302) 803-0790.
