Land Clearing Permits & Rules in Sussex County, DE

Do you need a permit to clear land in Sussex County, Delaware? For most house lots, yes, though the paperwork is a plan rather than a permit: any project that disturbs 5,000 square feet or more needs an approved sediment and stormwater plan, and the county won't issue a building permit without one. Other rules depend on what you're doing: burning, farming, harvesting timber, subdividing, working near a tax ditch or a wetland, installing septic, cutting a driveway, or digging. Each one is below, sorted by job: the trigger, who decides, how to reach them, and the official page. All of it was checked in October 2026.

The short version

If your land is inside a town's limits, check with the town hall as well; towns can have their own zoning and permit rules.

Clearing for a house or other construction

The state Sediment and Stormwater Regulations say "a person shall not disturb land without an approved Sediment and Stormwater Management Plan," and exempt work that "disturbs less than 5,000 square feet." Separate small disturbances that add up to more than that aren't automatically exempt.

Sussex County's Residential Standard Plan notice applies that line to houses: projects of 5,000 square feet or more need a plan, single-family construction included, and the Residential Standard Plan is "a requirement for obtaining a building permit in Sussex County and prior to initiating any site disturbance." Apply through the Sussex Conservation District online or at 23818 Shortly Road, Georgetown. The county's notice lists a $100 fee; the district's online application showed $135 when checked in October 2026, so confirm the current fee. Typical approval: 24 to 48 hours. Questions: (302) 856-2105. DNREC's tax ditch guidelines confirm that in Sussex County, plans go through the Conservation District.

Above an acre, the regulations add that "construction projects exceeding 1.0 acre of total disturbance require submittal of a Notice of Intent." DNREC's residential standard plan for lots of an acre or more covers a single lot with no common open space or public street, no more than 5.0 acres disturbed per lot, and forest clearing of no more than 1.0 acre unless equivalent forest is kept on the parcel. That form and its $500 review fee are for plans DNREC reviews itself; in Sussex County, the Conservation District's residential standard plan application lists criteria for lots both under and over an acre. The state rules give 14 calendar days to stabilize disturbed areas with seed and mulch. DNREC's Sediment and Stormwater Program is at 302-608-5458, and its applications page lists every form.

Clearing for farming

The regulations exempt "agricultural land management practices having a soil and water conservation plan," unless a new or updated plan is needed and the owner has refused one. When forest is converted to cropland, the Forest Service's erosion regulations name the local Conservation Districts as the designated agencies and expect approval before work starts. Clearing for a farm building is construction: DNREC has separate standard plan forms for agricultural structures and poultry houses. Call the Sussex Conservation District, (302) 856-2105. Field edges and hedgerows has more.

Harvesting timber

Under the Delaware Forest Service's erosion and sedimentation regulations, operators and buyers give written notice "at least 10 business days" before covered operations of an acre or more, such as a timber harvest. Commercial forest harvesting that meets the Department of Agriculture's requirements is exempt from the state sediment and stormwater rules. Once forest land is converted to another use, the Forest Service's jurisdiction ends and land clearing falls under DNREC's sediment and stormwater law. The Forest Service's landowner page lists its Dover office at 302-698-4547 and a map of service foresters.

Burning the brush

DNREC's open burning page lists "burning material generated from land clearing, except for agriculture" as always prohibited, and says most open burning is prohibited from May 1 through September 30. Agricultural burning, under its agricultural burning page, can include land clearing for agricultural operations but "does not include clearing land in order to construct structures," and can't clear land where structures are built within five years. Agricultural burns need written approval through DNREC's ePermitting system (allow five to seven business days), notice to the Sussex County Fire Board (302-856-6306) with the approval number, and burning only from 8 a.m. to 4 p.m. Division of Air Quality: 302-739-9402. Debris without burning covers the alternatives.

Subdividing or developing land

Sussex County Council adopted a forest preservation ordinance on September 1, 2026, taking effect three months after adoption. WHYY reports that it applies to new subdivision applications, requires keeping at least 30 percent of forest in growth areas and 50 percent in rural areas as shown on the Future Land Use Map, and defines a forest as one acre or more, 120 feet wide, with at least 100 trees per acre of 4 inches or more in diameter. Exceptions for hardship need Planning and Zoning Commission approval and replanting of at least double what is cut.

Separately, in May 2022 the county adopted a revised wetland and waterway buffer ordinance that applies to new residential projects. For either, call Planning & Zoning, (302) 855-7878, at 2 The Circle in Georgetown.

Working along a tax ditch

DNREC's right-of-way fact sheet and land development guidelines allow trees in a tax ditch right-of-way to be flush cut, but stumps can't be removed. Fences, driveways, buildings, sheds, pools, gardens, landscaping, wells, and septic systems stay out, and the right-of-way must remain passable for mowing, large maintenance equipment, and spreading soil. Rights-of-way are shown at de.gov/taxditchmap. Tax Ditch Program: 302-855-1930. Wet lots and tax ditches has the details.

Working in or near wetlands and waterways

DNREC regulates "all of its tidal wetlands as well as those non-tidal wetlands that include 400 or more contiguous acres," plus tidal waters and non-tidal streams, ponds, and lakes, per its wetlands page. Its wetlands program page lists the Wetlands and Waterways Section at 302-739-9943 and the U.S. Army Corps of Engineers Regulator of the Day at 215-656-6728 for federal questions. The same page says the Wetlands Stewardship Act establishes a state program for non-tidal wetlands, with an advisory committee guiding how it's carried out, so ask both before clearing or filling a wet area.

Building on septic

DNREC's septic systems page describes three steps: a site evaluation by a licensed Class D soil scientist, a design and permit from a licensed system designer, and installation by a licensed Class E system contractor. Septic program: 302-739-9947.

Cutting a new driveway

DelDOT's entrance permit FAQ says a permit "is required to construct a new entrance, or modify an existing entrance," with a residential type for driveways onto state-maintained roads. South District Entrance Permit Supervisor, 23697 DuPont Blvd, Georgetown: (302) 853-1340.

Digging, grubbing, or grinding stumps

Miss Utility requires Delaware notice "not less than 2 working days, but no more than 10 working days" before excavation, regardless of depth. Call 811 or file online. Private lines, including wells, septic systems, and the pipes from the meter to the house, aren't marked.

Building

Sussex County's building permits page says "all construction in Sussex County, whether new, remodeling or additions, requires a Sussex County issued building permit." Building Permit Office: (302) 855-7720.

Permit questions

Is a permit needed to clear a lot for one house?

If the work disturbs 5,000 square feet or more (a house pad and driveway alone can pass that), the Residential Standard Plan from the Sussex Conservation District is needed before any site work and before the building permit.

Does the forest ordinance apply to a single lot?

It's aimed at new subdivision applications. If you're building on an existing lot and not dividing land, ask Planning & Zoning, (302) 855-7878, to confirm for your parcel.

Can land-clearing brush be burned with a permit?

Only as agricultural burning, with DNREC's written approval and outside May 1 through September 30. Clearing for houses or other structures doesn't qualify.

Who files the paperwork, the owner or the contractor?

Either can, depending on what you agree. Put who obtains the Residential Standard Plan, who requests the Miss Utility locate, and who handles any DelDOT entrance permit in the written agreement.

How the referral works

Tell us where the land is, what you're clearing it for, and which of these steps are already done. One independent contractor in your part of Sussex County gets your request, looks at the site, and gives you a written price that spells out who handles what. Whether to hire them is your decision, and there's no cost for the referral.

Related pages

• Lot clearing for a house
• Debris without burning
• Wet lots and tax ditches
• Field edges and hedgerows
• Who clears land and how to hire