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

Town of Viola’s own rules

• Building permitRequired

  Most types of construction inside Viola town limits (homes, businesses, and accessory projects).

  • Construction may proceed after the permit is issued; the town compliance letter must be taken to Kent County to receive the official building permit.
  • Accessory projects (fences, sheds, decks, pools) may receive a compliance letter from the town manager if all zoning requirements are met, and still need a Kent County building permit.
  • Failure to comply can result in fines, liens, and civil litigation per the page.

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

• Local zoningPresent (with conditions)

  Land inside Viola town limits: the town adopted its own zoning ordinance and administers it, with Kent County assisting administration.

  • The 2019 comprehensive plan says the zoning ordinance was adopted and that Kent County committed to assist with its administration; the ordinance text itself was not located on the town site or in eCode360 search results, so its adoption date and districts are not confirmed here.
  • Building projects inside town go to the Viola Planning & Zoning Committee, which recommends to the Board of Commissioners whether a compliance letter should issue.

  “the primary recommendation of the 2004 plan was that the town of viola develop, adopt, and begin to administer a zoning ordinance as soon as possible. this has been accomplished. kent county committed to assist with the administration of viola’s zoning ordinance.”

• Mandatory utility hookupNone

  New homes inside Viola town limits: no public water or public sewer system exists to connect to.

  • Water is from individual private wells; wastewater is from individual on-site septic systems (2019 plan).
  • Tidewater Utilities holds a certificate to provide central water service to Viola and operates a well within town limits, per the 2019 plan; no central water service was in place at that time.
  • The town decided in 2019 that no action would be taken in the foreseeable future on public sewer service; the 2019 plan is the latest source opened, so current status may have changed.

  “there is currently no public water system in viola. water is provided for by individual private wells.”

• Subdividing landRegulated (with conditions)

  Land divisions inside Viola town limits that create new lots.

  • Minor subdivision (five lots or less) and major subdivision (six or more lots) applications are charged fees on the town page; major subdivisions also carry a per-lot fee of $50.00 due with application and annually until complete.
  • Engineering and legal review fees are charged as applicable; re-subdivision and site plan applications are also listed.

  minor subdivision application fee (five lots or less): 500 USD (plus engineering and legal review fees as applicable) · major subdivision application fee (six or more lots): 1000 USD (plus $50 per additional lot)

  “minor subdivision plan application (five lots or less) application fee: $500.00”

• Permit feesPublished (with conditions)

  Viola town planning, zoning and project permit fees (FY2025 schedule as posted).

  • The posted fee schedule states it is valid from July 1, 2024 to June 30, 2025; it is past its stated period. A 2026 fee schedule is linked on the page but was not opened, so current fees are not confirmed.
  • Payment by check, money order or cash, per the page.
  • Engineering and legal review fees are charged as applicable for subdivision and site plan applications.

  project permit fee, estimated cost under $5,000: 25 USD · project permit fee, estimated cost over $5,000: 0.5 percent of total project cost (project estimate documentation must be included) · certificate of zoning compliance: 75 USD · contractor's license application, annual: 100 USD

  “project permit(s) for projects estimated to cost less than $5,000 cost $25.00”

• Permit processPublished (with conditions)

  Building and compliance-letter process for projects inside Viola town limits.

  • Step 1: project goes to the Viola Planning & Zoning Committee, which recommends to the Board of Commissioners whether a compliance letter should be issued.
  • Step 2: after Board approval, the compliance letter is taken to Kent County, whose division of permitting and enforcement issues the official building permit.
  • Accessory projects (fences, sheds, decks, pools) get the compliance letter from the Town Manager.

  “buildings (homes & businesses) are required to go before the viola planning & zoning committee who recommends to the board of commissioners whether a compliance letter should be issued. once approval is given by the board of commissioners, a compliance letter is issued which must be brought to kent county to receive a permit.”

Still unanswered

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

• Owner-builder exemption — Owner-builder permit exemption for Viola town.
• Building code adopted — Building code used for construction inside Viola town limits.
• Inspections — Inspections for construction inside Viola town limits.
• Certificate of occupancy — Certificate of occupancy for new homes inside Viola town limits.
• Zoning districts — Zoning district map and district list for Viola town.

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.