Kent County Delaware Building Permit: Ordinance 25-25 and Survey Requirements

Ordinance 25-25 Changed the Rules for Small Lots

Effective December 1, 2025, Kent County requires a certified lines and grade survey for all development on lots under 0.5 acres. This includes additions that add more than 500 square feet of impervious surface area — driveways, patios, building footprints, anything that stops rainwater from soaking into the ground.

The ordinance targets drainage and stormwater management on smaller residential parcels, and it applies to new permit applications filed after the effective date. If you're doing residential additions or new construction on compact suburban lots in the Dover metro area or nearby communities, this survey requirement is now a standard part of your permit package.

The survey must be performed by a licensed surveyor and submitted with your building permit application through the MyGovernmentOnline (MGO) portal. Without it, your application won't advance.

How Kent County Permits Work

Kent County's Department of Planning Services manages building permits through the MyGovernmentOnline portal. The county doesn't issue its own general contractor license like New Castle County does — it relies on state-level business licensing and trade registrations — but you still need to file permits through the county system for any structural work.

The process follows a standard sequence:

1. Set up an account on the MGO portal
2. Submit your permit application with site plans, construction drawings, and (for small lots) the lines and grade survey
3. County staff review the application for zoning compliance and code conformance
4. Pay any applicable county permit fees
5. Receive your permit and schedule inspections

Standard setbacks in Kent County are typically 5 feet from rear and side property lines, though these vary by zoning district. Check the specific zoning classification for your parcel before finalizing your site plan.

What Triggers a Permit

Kent County requires building permits for:

• New construction (residential and commercial)
• Structural additions and alterations
• Roofing replacement (when structural changes are involved)
• Electrical, plumbing, and mechanical work (licensed trade permits)
• Demolition
• Accessory structures above certain size thresholds

Some minor projects — like small sheds, fences under certain heights, and cosmetic interior renovations that don't affect structural, electrical, or plumbing systems — may be exempt. Confirm with the Department of Planning Services before assuming your project qualifies.

Environmental Permits for Septic and Well Projects

Projects involving on-site septic system installations or well drilling require additional permits from the Department of Natural Resources and Environmental Control (DNREC) and the Division of Public Health. These are state-level environmental permits that sit outside the county building permit system, and they can add significant lead time to your project schedule.

If your project in Kent County includes any on-site wastewater or water supply work, start the DNREC permitting process early — these approvals don't run in parallel with your county building permit unless you initiate both simultaneously.

The Bigger Compliance Picture

Kent County permitting is one layer of Delaware's decentralized system. You need a state Division of Revenue business license and a DOL Contractor Registration Certificate before applying for county permits. If your project is inside the City of Dover, the city's own building department handles permits — not the county.

The Delaware General Contractor License Guide maps the complete state-to-local sequence, including Kent County's specific survey requirements and permit process.

See more Delaware guides →