New Castle County, Delaware
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Local Permits - New Castle County, DE

 CountyPermitsSection 1

Local Permits
 
Local zoning approval is required prior to submission of State permit applications. However, it is advisable to discuss the project with:
 
- The appropriate local planning department or commission
- The State Department of Transportation, Division of Highways
- The Office of the Fire Marshal
 
Local permits are granted by the individual counties and municipalities. This makes it imperative that applicants refer to the regulations established by the governing body in the area where a project will be undertaken. Each county administers its own flood plain regulations.
 
New Castle County
 
The New Castle County Department of Land Use, Planning Division, administers zoning and subdivision regulations for the County. There are four types of review procedures for non-residential development:
  
Site Plan Review is required for:
   
- New non-residential buildings or additions to existing non-residential buildings, with a gross floor area (GFA) of 0 square feet to 999
square feet.
 
Minor Plan Review is required for:
 
- New buildings or additions with a GFA of 1,000 square feet to 19,999 square feet and meeting one or more of the following:
    1. Proposed buildings less than 20, 000 square feet of GFA.
    2. For lots containing at least twenty thousand (20,000) square feet of GFA of existing development, any number of expansions are
        permitted (including expansions in excess of 20,000 square feet of GFA), provided the cumulative total of all the expansions does
        not exceed fifty thousand (50,000) square feet of GFA. Any subsequent plan submission proposing a new building or expansion
        exceeding fifty thousand (50,000) square feet of GFA shall be reviewed as a Major Plan.
    3. Development that would be considered major land development in industrial or office parks for which a previous record major plan
        has been recorded to establish lots or otherwise depict the overall limits of development provided that no special studies are
        required for approval (e.g., Traffic Impact Study (TIS), Critical Natural Area (CNA), environmental impact assessment report,
        floodplain application, Water Resource Protection Area (WRPA), and subsidence.) The project must be such that any issues or
        concerns are minor in nature and can be evaluated without the necessity of Technical Advisory Committee (TAC) review.
    4. Expansions of existing institutional facilities provided that no special studies are required for approval (e.g., TIS, CNA,
        environmental impact assessment report, floodplain application, WRPA, and subsidence.) The project must be such that any
        issues or concerns are minor in nature and can be evaluated without the necessity of TAC review

Review for Resubdivisions
  •  
    Proposed revisions to previously approved plans that will not result in any new lots or additional gross floor area shall be considered resubdivisions and shall be reviewed as minor plans for any of the following purposes:

    1. Lot line changes
    2. Establishment, elimination or relocation of any easements depicted on a record plan
    3. Changes to parking, loading and access configurations
    4. Changes in the design or shape of a building which do not materially affect the original design concept
    5. Minor changes to stormwater management areas or open space configurations which do not materially affect the original design
        concept
    6. Corrections or amendments to notes or other data shown on a plan
  
Major Plan Review is required for:
  
New non-residential buildings with a gross floor area of more than 20,000 square feet which do not otherwise meet the definition for
minor land review.
  
Any development involving the establishment of a new public or private street, or dedication to public use of an existing street.
  
The New Castle County Department of Land Use, Licensing Division, issues permits for all building activity in unincorporated areas. A typical new construction project requires a lines and grades plan; drainage plan; sedimentation and erosion control plans; sewage disposal plan; and building, mechanical, and plumbing permits.
  
New Castle County operates under the IBC building, mechanical, and plumbing codes with local amendments.
  
For additional information contact:

The New Castle County Department of Land Use
Division of Licensing
87 Reads Way
New Castle, DE 19720
Phone: (302) 395-5400
Municipal Permits
Individual municipalities within Delaware may enact planning and zoning requirements; within these municipalities, the parent county zoning requirements are not applicable. Information on these municipal requirements may be obtained through the assistance of the 
Delaware Economic Development Office or the appropriate local planning department or commission.
 
The planning and zoning requirements of Wilmington, Delaware's largest city, are summarized below:
 
The Wilmington Department of Licenses and Inspection issues permits for all building features. The City has adopted the 1996
BOCA building, mechanical and plumbing code and plans to convert to the 2003 IBC Code by mid-year, 2004.
 
Zoning variance applications are handled through the Department of Licenses and Inspection.
 
Special review procedures for development in Waterfront Zoning Districts, Urban Renewal Areas, City Historic Districts and
manufacturing/industrial districts are required by the Department of Licenses and Inspection and handled through the Department of
Planning.
  
Applications for rezonings and subdivisions are required by the Department of Planning. Subdivisions are classified as major or
minor. Major subdivision review and approval is required if the proposed subdivision is located in a floodplain; is entirely bound by
streets or right-of-ways; is larger than 2.5 acres; involves the dedication of land for public purposes; or is a condominium declaration.
Minor subdivisions constitute any division of a parcel, of and which does not meet the criteria of a major subdivision. Minor
subdivisions are administratively reviewed and endorsed by the Department of Planning.
  
For additional information contact:
The Wilmington Department of Planning
Louis L. Redding City/County Building
800 French Street
Wilmington, Delaware 19801
Phone: (302) 576-3100
or
The Department of Licenses and Inspections
Louis L. Redding City/County Building
800 French Street
Wilmington, Delaware 19801
Phone: (302) 576-3030