Del. C. » Title 9 — New Castle County · CHAPTER 26. Zoning · Counties
Delaware Code

9 Del. C. § 2601 (2026)

Power of County Council; area subject to regulation

✓ current as of May 2026
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(a) The County Council may, in accordance with the conditions and procedure specified in this subchapter, regulate the location, height, bulk and size of buildings, parking areas, and other structures, the percentage of lot which may be occupied, the size of yards, courts and other open spaces, the density and distribution of population, the location and uses of buildings, parking areas, and structures for trade, industry, residence, recreation, public activities or other purposes and the uses of land for trade, industry, residence, parking, recreation, public activities, water supply conservation, soil conservation or other similar purposes, in any portion or portions of New Castle County which lie outside of incorporated municipalities; provided however, that no such regulation or regulations promulgated pursuant to Chapter 30 of this title shall apply to any lands, buildings, parking areas, or other structures proposed to be used by or for any nonprofit corporation organized under the laws of this State and engaged at the time of such proposal in the operation in this State of 1 or more acute general hospital facilities for the purpose of such or similar operations, or to any lands, buildings, parking areas, or other structures of such corporation devoted to such operations. The territory lying within incorporated municipalities shall be included upon request made by the governing body or authority thereof.

(b) Notwithstanding subsection (a) of this section, no such regulation or regulations shall apply to any land, building, greenhouse or other structure proposed to be devoted to any agricultural use or which is devoted at the time of such proposal to agricultural use or to any land, building, greenhouse or other structure owned by a cooperative agricultural associations or a corporation which is or is proposed to be devoted to agricultural use. For the purposes of this subsection, any land, building, greenhouse or structure shall be deemed to be devoted to agricultural use if:

(1) The land, building, greenhouse or structure is assessed pursuant to § 8335 of this title;

(2) The land, building, greenhouse or structure is within an Agricultural Preservation District pursuant to Chapter 9 of Title 3;

(3) The person who owns, leases or otherwise controls the land, building, greenhouse or structure is required to implement a nutrient management plan or agricultural waste management plan for the same and the land, building, greenhouse or structure itself is devoted to or used in the production for sale of plants and animals useful to man, including but not limited to:

a. Forages and sod crops;

b. Grains and feed crops;

c. Dairy animals and dairy products;

d. Poultry and poultry products;

e. Livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding and grazing of any or all of such animals;

f. Bees and apiary products;

g. Fish, hydroponic and aquacultural products;

h. Fur animals; and

i. Trees and forest products;

(4) The land, building, greenhouse or structure is devoted to and meets the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government;

(5) The land, building or structure is a farm market or roadside stand provided:

a. The products offered for sale are grown or produced on the subject farm or lands in agriculture production associated with such farm operation; or

b. The products are grown or produced on a local regional farm, and such farm market or roadside stand shall comply with the following provisions:

1. All buildings, structures and associated canopies shall comply with the building height setback requirements established by the local jurisdiction within its zoning ordinances. All construction shall conform to applicable building codes and building permit requirements as enacted by the local jurisdiction;

2. Off street customer parking shall be provided in accordance with the provisions of the zoning ordinance of the local jurisdiction provided that at least 1 parking space shall be provided for each 100 square feet of floor area of the establishment. The area of 1 parking space shall be equivalent to a standard parking stall of 9′ x 18′;

3. If a new vehicular entrance is proposed to support a farm market or roadside stand, an entrance permit shall be obtained from the Delaware Department of Transportation prior to the start of construction; and

4. Signage shall comply with signage provisions and permitting requirements established by the local jurisdiction within its zoning ordinances; and

(6) The land, building or structure is used for an agritourism activity, and such land, building or structure complies with the following provisions:

a. All buildings, structures and associated canopies shall comply with the building height setback requirements established by the local jurisdiction within its zoning ordinances. The construction of buildings or structures to be used by the participants of any agritourism activity shall conform to applicable building codes and building permit requirements enacted by the local jurisdiction;

b. If a new vehicular entrance is necessary to support an agritourism activity, an entrance permit shall be obtained from the Delaware Department of Transportation prior to the start of construction; and

c. Any signage shall comply with signage provisions and permitting requirements established by the local jurisdiction, as well as any applicable signage regulations adopted by the Department of Transportation.

(c) Notwithstanding subsection (a) of this section, no such regulation or regulations shall apply to the agricultural uses of conducting hayrides, horseback riding, guided tours, barn parties and petting zoos.

48 Del. Laws, c. 321, §  1;  9 Del. C. 1953, §  2601;  55 Del. Laws, c. 85, §  18A;  60 Del. Laws, c. 661, §  1;  66 Del. Laws, c. 207, §  1;  71 Del. Laws, c. 401, §  15;  74 Del. Laws, c. 144, §  1;  75 Del. Laws, c. 244, §§  1, 2;  76 Del. Laws, c. 409, §  2;  78 Del. Laws, c. 143, §§  1-3;  80 Del. Laws, c. 141, §  1; 
Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1957–2024 · leading case: Sincock v. Duffy, 215 F. Supp. 169 (D. Del. 1963).
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Sincock v. Duffy, 215 F. Supp. 169 (D. Del. 1963). · cites it 2× “§ 2401; (k) as to New Castle County, jurisdiction with respect to planning and zoning, 9 Del.C.Ann. § 2601; ( l ) certain jurisdictional authority with respect to parks and recreation, 9 Del.”
Shellburne, Inc. v. Conner, 315 A.2d 620 (Del. Ch. 1974). “The procedures involved are established by statute, 9 Del.C. § 2601 et seq. Unless the County exceeds its constitutional and statutory bounds in a rezoning, it is not proper for the Courts to act.”
Nepa v. Bd. of Adjustment of the City of Lewes (Del. Super. Ct. 2018). “§§ 301, 321 and 327; 9 Del. C. § 2601 and § 1311-1313; 9 Del. C.”
SU-BE, LLC v. New Castle Cnty. Dep't of Land Use (Del. Super. Ct. 2024). “The argument goes that since the land was still exempt when it was cited, it was an attempt to regulate exempt farmland and therefore illegal under the Delaware Constitution and 9 Del. C. §2601(b)(1) (prohibiting county regulation of farm exempt property).”
330 Hosp. Grp. v. The City of Rehoboth (Del. Super. Ct. 2024). “9 Del. C. § 2601. Thus, in the 14 503 A.2d 187, 191 (Del.”
Bave v. S & S Builders, 134 A.2d 709 (Del. Ch. 1957). “The Levy Court of New Castle County is granted the power, inter alia, to regulate "the uses of land for trade, industry, residence, recreation, public activities, water supply conservation, * * * or other similar purposes * * *", 9 Del.C. § 2601. In 9 Del.C. § 2602, the Levy…”
Lui v. Comm'n on Adult Ent. Establishments of the Delaware, 213 F.R.D. 166 (D. Del. 2003). “II and 9 Del. C. § 2601). The Delaware Supreme Court has observed that, when the County considers a zoning ordinance, its status is “analogous to that of an administrative agency, since the fundamental power to regulate land use rests with the [Delaware] General Assembly.”
9 Del. C. § 2601(b)(1): 1 case
SU-BE, LLC v. New Castle Cnty. Dep't of Land Use (Del. Super. Ct. 2024). “The argument goes that since the land was still exempt when it was cited, it was an attempt to regulate exempt farmland and therefore illegal under the Delaware Constitution and 9 Del. C. §2601(b)(1) (prohibiting county regulation of farm exempt property).”
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