Pole barns and barndominiums across Delaware.

Delaware is small, but its building rules change at nearly every county and town line. Here is how pole barn and barndominium permits work across the state.

Get a free quote Call 302-399-4420

Building in Delaware.

Delaware has three counties, and each runs its own building program. New Castle, in the north, had 570,719 residents in 2020, Kent in the middle had 181,851 and Sussex in the south had 237,378. Farming reaches into all three: the 2022 Census of Agriculture counted 1,053 farms in Sussex, 770 in Kent and 335 in New Castle, and Sussex ranked first among 3,027 U.S. counties in poultry and egg sales.

We are a family-run post-frame builder at 575 N Dupont Hwy in Dover, founded in 2012 by Gary Sensenig. Our designers draw the building and an organized, easy-to-read quote, we manage the permits with whichever county or town has the say, our crews build it, and final payment comes after the final inspection. The rules below are the statewide pieces we work through on every Delaware project.

County by county.

Each county handles pole barns its own way. Kent County requires a permit for a pole building of any size, and its code adds post-frame sections, including footings at least 40 inches below grade. In eleven smaller towns, such as Felton, Hartly and Magnolia, the town’s zoning official approves the project first and Kent then handles plan review and inspections; Dover, Smyrna, Milford and six other towns issue their own permits. Sussex County requires a county permit for all construction, even inside towns, though some towns run their own review and inspections. In New Castle County, the Department of Land Use covers unincorporated areas, and towns such as Middletown and Newark run their own permits.

What Delaware asks of a new building.

There is no single statewide building code for houses and outbuildings. State law (16 Del. C. § 7601) lets the Kent County Levy Court and the New Castle and Sussex County Councils adopt and enforce their own codes, and incorporated towns adopt their own or rely on the county. Editions differ: Kent enforces the 2018 IRC and IBC with amendments, Sussex the 2021 IRC and IBC, and Newark, Milford, Harrington, Odessa, Wyoming and Seaford work from 2018 editions. Dover still enforces 2009 codes, with an ordinance adopting the 2024 codes pending. Confirm the edition, including New Castle County’s, with the local building office before drawings are final.

Anyone in business as a contractor in Delaware, general or sub, resident or not, needs a contractor’s license from the Division of Revenue before or when signing a contract. It costs $75, renews each January 1, and requires a Department of Labor certificate of notice and proof of workers’ compensation insurance; contractors also owe a gross-receipts license fee of 0.6472%, with a $100,000 monthly deduction. Nonresident contractors and subcontractors must file a surety bond with the Department of Finance equal to 6% of the contract price on contracts of $20,000 or more, before construction begins (30 Del. C. § 375). Some towns, including Middletown and Townsend, add their own licensing.

A barndominium off public sewer needs a DNREC on-site wastewater approval in three steps: a site evaluation by a licensed Class D soil scientist, a system design and permit by a licensed Class B (gravity) or Class C (engineered or pressure-dosed) designer, and installation by a licensed Class E contractor. A well must be drilled by a DNREC-licensed water well contractor, who files the permit application. Site work has its own threshold too: disturbing 5,000 square feet or more, including a single-family home site, requires an approved sediment and erosion control plan, and an acre or more also needs a Notice of Intent under the NPDES Construction General Permit.

Building near water brings DNREC into the job. Any activity in regulated wetlands, a term the law defines to include construction of any kind, filling, draining or excavation, needs a DNREC permit unless exempt; the Wetlands and Waterways Section is at (302) 739-9943, and the U.S. Army Corps of Engineers regulates federal wetlands separately. Piers, docks, bulkheads and other structures on submerged lands or tidelands need a DNREC permit, lease or letter of approval. On a beach, building seaward of the state building line takes a DNREC permit or letter of approval, and building landward of it still needs a letter of approval.

Farms get their own rules. State law keeps county zoning off land and structures devoted to agricultural use in all three counties. Land actively farmed for the two preceding years can be assessed at its use value if it sells $1,000 or more in products in the year or the owner files an IRS Schedule F; apply to the county assessor by February 1. On land in the Aglands Preservation Program, rezoning and major subdivision are prohibited and farm buildings fit the permitted use, but residential use is capped at 1 acre per 20 usable acres, up to 10 acres, and at 3 dwellings for districts approved after August 23, 2004.

What we build in Delaware.

Building in Delaware: questions.

Still wondering about something? Call us at 302-399-4420.

Is there one building permit office for all of Delaware?

No. Permits come from the county or the town. In unincorporated areas, contact the Kent County Levy Court, Department of Planning Services, Inspections & Enforcement Division at (302) 744-2451, the Sussex County Building Permit Office at (302) 855-7720, or the New Castle County Department of Land Use at (302) 395-5400. Many towns run their own.

Do farm buildings need a permit in Delaware?

It depends on the county. State law keeps county zoning off agricultural land and structures in all three counties. New Castle’s building code does not apply to agricultural structures, Kent exempts qualifying farm buildings on five acres or more but wants a plot plan and an agricultural building use permit, and Sussex requires a county permit with only a final zoning inspection.

What does a barndominium need beyond the building permit?

Usually a DNREC septic approval if there is no public sewer, a well permit filed by a licensed well contractor, electrical inspection by a licensed third-party agency, and a plumbing permit from the Division of Public Health unless the town runs its own program. New homes must also be zero net energy capable. In our experience, homes usually take 3 to 5 months to permit, depending on the county.

Does my builder need a Delaware contractor’s license?

Yes. Every contractor doing business in Delaware, resident or not, needs a Division of Revenue contractor’s license before or when signing a contract. Nonresident contractors also file a surety bond with the Department of Finance equal to 6% of the contract price on contracts of $20,000 or more. Middletown, Townsend and Newark require their own license as well.

What if my land is near water or in a flood zone?

Construction in regulated wetlands needs a DNREC permit unless exempt, and docks, piers and bulkheads on submerged lands need a DNREC permit, lease or letter of approval. In a mapped flood hazard area, the county or town floodplain administrator issues a permit under its own ordinance. A 2011 University of Delaware analysis put about 17% of the state, roughly 331 square miles, in the mapped 100-year floodplain.

Where in Delaware do you build?

Across all three counties, from our office at 575 N Dupont Hwy in Dover. Townsend is about 29 minutes north, Milford about 31 minutes south, Hockessin about 68 minutes and Selbyville about 82. Call 302-399-4420, Monday to Friday, 8:00 am to 4:30 pm.

Let’s plan your building.

Tell us what you’d like to build and where, and we’ll come back with drawings and a free quote.

Get a free quote

302-399-4420

Email: info@pbuincde.com
Office: 575 N Dupont Hwy, Dover, DE 19901 (opens Google Maps in a new tab)
Hours: Mon to Fri, 8:00 am to 4:30 pm
We build in: All of Delaware