Kent County building department

Kent County Levy Court’s Inspections and Enforcement Division, part of the Department of Planning Services, reviews plans, issues building permits, and performs construction inspections in Kent County. It also enforces county property-maintenance codes. Two other agencies are involved in most projects:

• Kent County Planning: zoning, setbacks, variances, site plans, and subdivisions
• The State of Delaware: electrical and plumbing permits

Inside a town or in the unincorporated county?

For property in the unincorporated county, the county issues the permit and applies county zoning. For property inside a town, the county’s requirement sheets say you need a permit or signed letter from that town’s zoning official before the county issues the building permit. The county then performs construction plan review and inspections on the town’s behalf. The town’s zoning official sets the setbacks for in-town projects.

The City of Dover runs its own permit and inspection office, so Dover projects do not go through the county.

Applying through MGO

All Kent County building permit applications are filed online in My Government Online (MGO). Create an account and upload your documents there. MGO technical support is at (866) 957-3764, and the county publishes a step-by-step customer help guide.

For a new single-family dwelling, the minimum upload is:

• A plot plan
• Construction plans
• Manufacturer design certifications for each engineered component (trusses, I-joists, LVLs, steel beams), with each one’s location shown on the plans
• Energy code documentation: HVAC load calculations (Manuals J, D, and S) and, if the design trades off minimum energy standards, a REScheck report

Before the permit is issued, the house also needs approvals from other agencies:

• A DelDOT entrance permit, or a Letter of No Contention for reusing an existing entrance
• A DNREC well permit or utility water agreement
• A DNREC septic permit or a Kent County Public Works sewer connection permit
• A Kent Conservation District soil-conservation approval
• Town zoning approval, if the lot is inside a town

You may live in an existing house on the same lot during construction, but it must be demolished within 30 days of the certificate of occupancy for the new home.

Lines and grade surveys: Since December 1, 2025 (Ordinance 25-25, drainage standards), a lines and grade survey is required for development on lots smaller than one-half acre. That includes additions that affect more than 500 sq ft of impervious area.

What needs a permit

From the county’s Permitting Requirements & Adopted Codes page:

Project	Permit required when
Sheds, playhouses	301 sq ft or larger
Gazebos, pergolas	301 sq ft or larger, unless on a deck
Detached garages, carports, pole buildings, pool houses, animal shelters	Any size
Decks	Larger than 16 sq ft; at sliding doors, when wider than the opening and extending more than 36 inches out
Fences	Over 7 feet tall. Also any fence enclosing a pool or home day-care play area, part of an approved subdivision or land development plan, or in the floodplain
Retaining walls	Over 4 feet, from bottom of footing to top of wall
Sidewalks, driveways	More than 30 inches above adjacent grade
Roofing	Only when replacing more than 25% of the sheathing
Pools, hot tubs, spas; solar panels (roof or ground)	Always

Permits are also required for additions, screen porches, sunrooms, bonus rooms, basement finishing, fireplaces and stove inserts, and structural or interior renovations. Tiny houses, accessory dwelling units, manufactured-home placements and removals, commercial fit-outs, and demolitions need permits too.

Any work in a floodplain needs a permit, no matter how small. That includes sheds and fences that would otherwise be exempt.

Accessory structure rules

The county’s accessory-structure sheet sets these limits:

• No larger than the house
• Average roof height no more than 20 feet
• Common minimum setbacks: 5 feet from side and rear lines, 5 feet from the dwelling, and 10 feet from septic tanks and drain fields
• Not in front of the house unless at least 100 feet remains to the front property line
• Structures not built of wood need plans sealed by a Delaware-licensed architect or engineer. Metal carports and kit buildings need the manufacturer’s sealed drawings.

The county also posts sample plans, including pole-building drawings, on its website.

Adopted codes

Code	Edition	Status
International Residential Code, with county amendments	2018	Effective October 5, 2020
International Building Code, with county amendments	2018	Effective October 5, 2020
International Energy Conservation Code (state)	2018	Enforceable December 11, 2020
International Plumbing Code (state, with amendments)	2021	Adopted August 11, 2022
National Electrical Code, NFPA 70 (state)	2023	Effective January 1, 2026
NFPA 1, NFPA 101, NFPA 54 (state)	2021
ICC/ANSI A117.1 accessibility	2017

The county’s IRC amendments set an assumed soil bearing capacity of 2,000 psf for Table R301.2(1). Local amendments are in Chapter 105 of the Kent County Code.

Electrical and plumbing

The county does not issue electrical or plumbing permits; the State of Delaware does. Normally your subcontractor pulls them. A homeowner acting as their own electrical or plumbing subcontractor gets a homeowner permit through the state agencies linked from the county’s requirement sheets.

Related offices

• Building permits: (302) 744-2451, [email protected]
• Planning (zoning, setbacks, variances): (302) 744-2471, [email protected]
• Public Works Engineering (sewer permits): (302) 744-2430. Sewer permits are also filed through MGO.
• Office hours: All county offices at 555 Bay Road are open Monday through Friday, 8 a.m. to 5 p.m.