Chicken Laws by County in Delaware

Backyard chickens are increasingly popular in Delaware—for fresh eggs, sustainable living, and even as family pets. But before you pick up that feed or order your first chicks, there’s one crucial thing to know: Delaware chicken laws vary by county, city, and even neighborhood.

This guide covers chicken laws by county in Delaware, breaking down everything from flock limits to coop placement rules so you can raise your birds confidently and legally.

---

Are Backyard Chickens Legal in Delaware?

Yes, chickens are legal in Delaware, but the laws are set at the county and municipal level, not statewide. That means whether you can keep chickens depends on:

• Which county you live in

• Your town or city’s zoning rules

• Your property size and zoning designation

• Neighborhood and HOA covenants

The good news? Most of Delaware is chicken-friendly, especially in rural and unincorporated areas. But suburban and urban areas often have limits on the number of hens and may restrict roosters or require permits.

Before building your coop, use this chicken coop calculator to determine how much space your flock needs to stay healthy and meet code.

---

Overview of Delaware’s Chicken Laws by County

Delaware has just three counties—New Castle, Kent, and Sussex—but within them are dozens of municipalities with unique rules. Here’s what to know county by county.

---

New Castle County (Including Wilmington, Newark, Middletown)

Can you keep chickens in New Castle County?
Yes, but with restrictions that vary based on zoning and location.

Unincorporated Areas of New Castle County:

• Chickens are allowed on residential and agricultural lots

• Roosters are banned in most residential zones

• Coop must be 20–40 feet from neighboring homes

• No specific hen limit in AG-zoned areas, but residential zones typically allow 4–6 hens

• Chickens must be confined to fully enclosed runs or fenced areas

City of Wilmington:

• Chickens are generally not allowed in most residential zones

• The city has strict animal control ordinances and may only allow poultry in certain zones with permits

City of Newark:

• Backyard chickens are allowed in some zones, but:

  • Roosters are prohibited

  • Up to 6 hens

  • Chickens must be confined and kept 30 feet from adjacent dwellings

  • Permits may be required depending on lot size

Middletown and Other Suburbs:

• Regulations vary—many towns allow up to 4–6 hens

• Always check with your town hall or zoning department for up-to-date rules

---

Kent County (Including Dover, Smyrna, Milford)

Are backyard chickens legal in Kent County?
Yes—Kent County is one of Delaware’s most chicken-friendly regions.

Unincorporated Kent County:

• Chickens are allowed in residential, rural, and agricultural zones

• No rooster ban in most unincorporated zones

• Larger flocks allowed in AG zoning

• Coop setbacks: typically 25–50 feet from property lines or homes

• No permit needed for small backyard flocks

City of Dover:

• Chickens are allowed with the following conditions:

  • Up to 6 hens

  • Roosters not permitted

  • Coops must be in rear yard and enclosed

  • Coop must be kept clean to avoid odor or pest complaints

Smyrna and Milford:

• Backyard hens permitted in most residential zones

• Roosters typically not allowed

• Coop placement and flock limits vary based on lot size

Kent County is ideal for both hobbyists and small homesteaders—especially outside city limits.

---

Sussex County (Including Georgetown, Seaford, Rehoboth Beach)

Can you raise chickens in Sussex County?
Yes, and Sussex is the most rural and livestock-friendly county in the state.

Unincorporated Sussex County:

• Chickens allowed with few restrictions

• Roosters are typically permitted in agricultural and rural zones

• No strict flock limit unless in a residential development

• Coop should be sanitary and placed a safe distance from neighboring homes

• No permit needed in most rural areas

City and Coastal Areas:

• Towns like Rehoboth Beach, Lewes, and Georgetown may impose:

  • Limits of 4–6 hens

  • No roosters

  • Coop setback rules: often 20–30 feet from property lines

  • Enclosure and noise rules to prevent nuisance complaints

If you’re near the beach or in a development, check with local authorities or HOAs—rules can be much stricter in those areas.

---

Common Chicken Laws Across Delaware Towns

While specifics vary, these general rules apply across most towns and counties:

Don’t guess. Always check with your local zoning department or town hall for the most accurate, up-to-date information. And before you build anything, use this chicken coop calculator to plan a legal, functional coop.

---

Urban vs. Rural Chicken Laws in Delaware

Urban/Suburban Zones (e.g., Wilmington, Dover, Newark):

• Hen limits of 4–6

• Roosters banned

• Setback and enclosure requirements

• Permits may be required

• Strict noise and cleanliness regulations

Rural/Unincorporated Zones:

• Fewer restrictions

• Roosters often allowed

• Larger flocks permitted

• No permit typically required

• More flexibility in coop placement

If you’re outside city limits, you’re likely to enjoy more freedom. But even then, it’s smart to confirm with your county zoning office.

---

How to Check Your Town’s Chicken Laws

Here’s how to confirm what’s legal for your property:

1. Find your zoning classification via your town or county’s GIS or zoning map

2. Search your municipal code on your town’s official website

3. Call your local zoning or code enforcement office

4. Ask your HOA if you live in a deed-restricted community

Pro tip: Get any rules in writing before you invest in a coop or buy birds.

---

Building a Legal Chicken Coop in Delaware

To meet legal requirements and ensure your chickens stay safe, your coop should have:

• 4 square feet of indoor space per chicken

• 8–10 square feet in an outdoor run

• Secure fencing to protect from predators

• Good ventilation and weather protection

• Proper setbacks from homes and property lines

Want to make sure your setup fits your flock and zoning rules? Try this chicken coop calculator to build a legal, efficient space for your hens.

---

Conclusion

Backyard chickens are completely legal in Delaware—but how many you can keep, whether you can keep roosters, and where you can build your coop all depends on where you live.

Whether you’re in a suburban neighborhood in New Castle County or a rural stretch of Sussex County, it’s critical to check local ordinances before starting your flock.

Need help planning your coop? Use this chicken coop calculator to design the perfect space—customized for your birds and your local zoning laws.

Raising chickens is a joy—but only when done legally, safely, and respectfully. Do your homework, plan ahead, and you’ll be collecting fresh eggs before you know it.