Zoning, building permits and septic rules in Town of Felton, Delaware

Town of Felton’s own rules

• Local zoningPresent (with conditions)

  Land inside Felton town limits; the town administers its own Planning & Zoning Ordinance and compliance letters for construction.

  • The text found is the Planning & Zoning Ordinance approved July 8, 2013; the town page says Council has amended the ordinance by ordinance, so later amendments must be checked.
  • The town issues a compliance letter that the county then uses for the building permit.

  “generally a compliance letter is issued by the town stating that a project meets the town’s zoning requirements which is taken to kent county div. of permitting and enforcement which issues the official building permit.”

• Living in an RVProhibited

  Major recreational equipment, including recreational vehicles and travel trailers, parked on a lot in a residential zone inside Felton town limits; living or sleeping use in that equipment is prohibited.

  • Parking in the front yard setback is not allowed.
  • Parking is allowed in the side or rear yard only if it does not take up required parking for the lot.
  • Equipment may be parked in the front yard setback for a maximum of 24 hours while loading and unloading.

  maximum front-yard parking for loading and unloading: <= 24 hours

  “on a lot in a residential zone, major recreational equipment: i. may not be parked within the front yard setback; ii. may not be used for living, sleeping, or other housekeeping purposes; iii. may be parked in the front yard setback for a maximum of 24 hours while loading and unloading;”

• Subdividing landRegulated (with conditions)

  Division of land inside Felton town limits into lots; minor and major subdivision plans

  • Divisions of up to 5 parcels that need no new public utilities or streets are a minor subdivision plan.
  • Divisions of more than 5 parcels, or any division that requires new public utilities or streets, are a major subdivision plan with preliminary and final plan submissions.

  maximum parcels for minor subdivision: <= 5 parcels (no new public utilities or streets required)

  “minor subdivision plan. a plan for the division of any parcel or parcels of land into no more than 5 parcels, none of which require the construction or extension of public utilities or streets, containing information as set forth in table 4-1.”

• Driveway accessLimited

  New structures and relocated structures inside Felton town limits; access must be to a public street

  • This is a street-access rule, not a driveway permit rule.
  • No residential lot may have permanent access to more than one public street.

  “lots on which new structures are built or to which a structure is relocated must be adjacent to, and have access to, a public street. no residential lot shall be permitted permanent access to more than one public street.”

• Permit feesPublished (with conditions)

  Planning and zoning compliance fees charged by the town for construction in Felton town limits

  • The page lists fees valid from July 1, 2025 to June 30, 2026 (FY2026).
  • The page links a separate FY27 fee document that was not opened, so the current fee amounts are not recorded here.
  • Fee amounts themselves were not captured.

  “below are the current planning and zoning fees for fy2026 these fees are valid from july 1, 2025 to june 30, 2026”

• Permit processPublished (with conditions)

  Building permit process for construction inside Felton town limits

  • Buildings (homes and businesses) go before the Felton Planning & Zoning Committee, which recommends whether Town Council should issue a compliance letter.
  • Accessory projects (fences, sheds, decks, pools) may get a compliance letter from the town manager.
  • The compliance letter must be taken to Kent County to receive the building permit.

  “buildings (homes & businesses) are required to go before the felton planning & zoning committee who recommends to town council whether a compliance letter should be issued.”

Rules another office applies inside Town of Felton

Town of Felton does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Building permitRequired

  Most types of construction inside Felton town limits; Kent County issues the official building permit after the town compliance letter.

  • Permit issued by Kent County Division of Permitting and Enforcement after the town issues a compliance letter.
  • Accessory projects (fences, sheds, decks, pools) use a town-manager compliance letter that must also be taken to Kent County for the permit.

  “building permits are required for most types of construction within felton town limits.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Town of Felton or Kent County directly.

• Owner-builder exemption — Owner-builder construction inside Felton town limits
• Building code adopted — Construction inside Felton town limits
• Inspections — Construction inside Felton town limits
• Certificate of occupancy — New buildings inside Felton town limits
• Minimum dwelling size — Minimum living space for single-family dwellings in Felton town residential zones R-1 and R-2 and other residential districts

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.