Driveway Permits and Regulations in Delaware

Why Delaware Driveway Permits Matter

Thinking about widening your driveway, adding a turnaround, or cutting a brand-new curb? In Delaware, the moment your wheels leave private soil and touch a public road, a permit is almost always required. Ignoring the rule can stall your project, trigger fines, or force you to tear out fresh concrete. The good news: Delaware’s permit system is straightforward once you know which office handles your street.

This guide walks you through every step—state laws, county add-ons, city quirks, and the paperwork that gets your driveway approved the first time.

Delaware State Law: The 30-Second Version

Title 17 of the Delaware Code gives DelDOT (Delaware Department of Transportation) authority over every “entrance pipe or driveway” that connects to a public road. Two big takeaways:

• You must have a DelDOT Driveway Permit before you build, pave, or alter anything within the right-of-way (usually the first 8–15 ft from the edge of pavement).
• Local governments can add extra rules, but they can’t ignore DelDOT’s minimum standards.

Who Actually Issues Your Permit?

Delaware has only three counties, but permit “jurisdiction” depends on who maintains the road.

DelDOT Roads (Most State Routes & Many Subdivision Collectors)

Apply online through the DelDOT Portal. A district engineer reviews drainage, sight-distance, and curb-cut width.

Municipal Roads (Inside City or Town Limits)

Newark, Wilmington, Dover, Milford, etc., handle their own permits. You still need DelDOT sign-off if the town’s road eventually ties into a state route.

Private Roads & HOAs

No state permit required, but check your subdivision covenant. Many HOAs mimic DelDOT specs to avoid drainage fights.

Step-by-Step: How to Apply for a Delaware Driveway Permit

1. Confirm Jurisdiction

Call DelDOT at 302-760-2080 with your street address. They’ll tell you within minutes whether the road is state or municipal.

2. Gather the Paperwork

• Site plan (hand-drawn OK) showing lot lines, existing/proposed driveway, sidewalk, utilities.
• Edge-of-pavement distances to nearest intersection, fire hydrant, and neighbor’s drive.
• Proposed materials (asphalt, concrete, pavers, gravel) and finished width at curb.
• Storm-water note: if you add more than 500 sq ft of impervious surface, you may need a separate DNREC drainage review.

3. Submit Online or In-Person

DelDOT uses the ePermitting system. Upload PDFs, pay the $75 base fee with a card, and pick your preferred inspection date. Most municipalities still accept paper; bring two copies and a check.

4. Wait for Field Review

An engineer checks sight-distance, pipe size, and overhead clearance. Simple residential drives average 7–10 business days; corner lots or commercial entrances can take 3–4 weeks.

5. Receive Permit & Schedule Inspections

Print the stamped plan and keep it on-site. You’ll need a pre-pour and final inspection. Fail to call for either and DelDOT can deny your certificate of completion—hurting resale value.

County-Specific Add-Ons You Should Know

New Castle County

Extra sediment control if you disturb more than 5,000 sq ft of soil. A simple 12-ft-wide driveway usually stays under the limit, but a long private lane may trigger a Land Disturbance Permit ($150).

Kent County

No extra driveway fee, but you must mark irrigation heads and septic tank locations on the plan. County Health reviews before DelDOT signs off.

Sussex County

Fast-growing beach area. If your lot is in the Inland Bays Overlay, you need a 10-ft vegetative buffer between driveway and property line. Paver systems that allow infiltration can reduce the buffer to 5 ft.

DelDOT Design Standards for Homeowners

Width & Radius

• Single-family: 10–12 ft at curb; 14 ft max unless you prove need (e.g., 3-car garage).
• Return radii: 15 ft minimum so garbage trucks don’t clip your lawn.

Clear Zone & Sight Triangle

No shrubs, fences, or berms above 30 inches within the clear zone (usually 10 ft behind curb). Corner lots must keep a 25-ft sight triangle free of obstructions.

Pipe & Drainage

DelDOT supplies a pipe sizing chart. A 15-in corrugated metal pipe is standard for drives under 24 ft wide. You buy it, they inspect it, but they own it once buried—so use the gauge they specify.

Materials

Asphalt or concrete within the right-of-way; gravel is allowed only on the private side. If you want permeable pavers, submit the infiltration rate test and maintenance plan.

Typical Costs & Who Pays What

Pro tip: Ask your contractor to bundle the permit fee into the quote so nothing is missed.

Top 5 Mistakes That Trigger Fines

1. Pouring first, permitting second. DelDOT can tag you $100/day retroactive to the pour date.
2. Wrong pipe size. A 12-in pipe that washes out will earn you a repair order plus $250 reinspection.
3. Too-wide apron. Anything over 14 ft at curb needs a variance hearing—add four weeks.
4. Covering a fire-hydrant valve. Keep 3 ft clear all around; paint the curb red if requested.
5. Skipping the final inspection. Without a signed Form 404, your driveway is “unauthorized,” complicating future refinancing or sale.

How a Proper Permit Protects Resale Value

Delaware Realtors report that 1 in 4 home inspections now include a photo of the driveway permit card. No card? Buyers ask for a $5,000 escrow holdback. Spending $75 up front prevents last-minute closing drama and shows the appraiser your improvement is “legal and conforming.”

Contractor Checklist: Questions to Ask Before You Hire

• “Will you pull the DelDOT permit in my name?” (Answer must be YES.)
• “Do you schedule both pre-pour and final inspections?”
• “What pipe gauge do you use for a 12-ft drive?” (Should match DelDOT chart.)
• “Will you provide the signed Form 404 at final payment?”

If a contractor says, “We’ve been doing this 20 years without permits,” show them the door—your wallet will thank you later.

Frequently Asked Questions