Want to keep backyard chickens in Delaware? You probably can—but the rules depend a lot on where you live. Certain towns and counties have limits on hens, bans on roosters, minimum lot sizes, coop placement rules, and permit requirements. In rural or agricultural zones, rules can be more relaxed. This guide gives clear, simple-gen explanations of county rules and important town-level codes.
How Rules Work in Delaware
Delaware has no statewide law letting or banning chickens outright. Instead, each county and city has its own ordinance. That means rules vary on how many hens you can have, whether roosters are allowed, how far coops must be from property lines or neighbors, and whether permits or registration are required. Some towns ban chickens completely.
Registration Requirement
If you keep a backyard flock in Delaware, you must register the location with the Delaware Department of Agriculture. This helps track flock health and prevent disease spread like avian influenza. It’s required even if you only have a few hens at home.
Kent County
Chickens are allowed if your property is at least 15,000 sq ft (about one-third acre). You’re limited to five hens and roosters are not allowed unless you live on a real farm in an agricultural zone. A flock registration must be filed with the state. These rules apply in unincorporated areas and some smaller towns.
New Castle County
In residential districts under one acre or in most planned neighborhoods, backyard chickens are not permitted at all. Exceptions exist if you’re on one acre or more, or if you’re part of an approved educational program like 4‑H. Homeowners in regular suburban zones will have to follow local city rules or find a way to meet the minimum acreage. Roosters are not allowed in most residential areas.
Sussex County
Sussex County allows chickens under certain conditions. Coops must be set back at least 100 ft from property lines, 200 ft from roads, and 400 ft from dwellings, plus a 25 ft vegetative buffer screen. These rules are designed for rural or agricultural settings. Roosters are generally not allowed near neighbours.
City of Wilmington (New Castle County)
Chickens are not permitted within the city of Wilmington, except in rare approved educational contexts like 4‑H. No exceptions for personal flocks in residential zones.
Dover (Kent County)
Chickens are allowed in Dover. You can keep up to 25 hens, but no roosters allowed. Coops must be at least 10 ft from any building and 3 ft from property lines. Poultry registration with the state is still required.
Newark (New Castle County)
Newark allows up to six hens in residential areas. Roosters are prohibited. Chicken houses must be located in backyard only, at least 25 ft from neighboring homes and 10 ft from property lines. If you are not on at least one acre, the county’s general ban in residential zones may still apply—so check zoning carefully.
Middletown (New Castle County)
Chickens are not allowed in residential zones in Middletown. No backyard flocks are permitted under current town code.
Milford (Kent & Sussex County)
Milford no longer allows backyard chickens for typical residential properties. All personal flocks are prohibited under the town’s current ordinance.
Millsboro (Sussex County)
Chickens are allowed in Millsboro—but coops over 200 sq ft require prior approval. They must be placed at least 500 ft from any structure used for human habitation. Housing must stay clean, ventilated, well‑maintained, and free of odor or decay. No roosters in standard residential zones.
Other Towns in Each County
Many smaller towns and unincorporated areas follow the general county rules. If you’re inside city or town limits: follow that town’s code. If outside city limits: the county rules apply. Always check zoning maps to see which code governs your property.
Summary Table
| Location | Hens Allowed | Roosters? | Min Lot Size or Setbacks | Permit/Registration |
|---|---|---|---|---|
| Kent County (rural) | Up to 5 hens | No | ≥ 15,000 sq ft | Yes, state registration |
| New Castle County (residential,<1 ac) | Not allowed | No | Minimum 1 acre or educational program | No, banned otherwise |
| Sussex County (rural) | Varies, often ≤5–10 | No | 100–400 ft setbacks, buffer | Yes, state registration |
| Wilmington (city) | Not allowed | No | Residential only | No, banned |
| Dover | Up to 25 hens | No | 10 ft buildings, 3 ft lines | Yes, state registration |
| Newark | Up to 6 hens | No | 25 ft neighbor, 10 ft lot line | Yes, state registration |
| Middletown | Not allowed | No | Residential only | No, banned |
| Milford | Not allowed | No | Residential only | No, banned |
| Millsboro | Yes; small limit | No | ≥ 500 ft from dwellings; coop ≤ 200 sq ft | Yes |
Tips to Stay Legal in Delaware
- Check whether city or county rules apply to your lot by using local zoning maps.
- Register your chicken location with the Delaware Department of Agriculture—even for a few hens.
- Avoid roosters unless your lot is farm‑zoned or educational use qualifies.
- Stay aware of setback rules—some counties require coops hundreds of feet from neighbors or roads.
- Place coops in the backyard and keep them sanitary, predator‑proof, and odor‑controlled.
- If in special programs like 4‑H, you may qualify even on smaller parcels in some New Castle areas.
Why These Rules Exist
Regulations help prevent noise, smell, pests, and neighborhood conflicts. Setbacks reduce disturbance to neighbors. Registration helps track flock health and prevent disease outbreaks. Permits or bans in suburban zones protect against inappropriate livestock on small lots. Together, these rules protect both chicken owners and the wider community.
Final Takeaway
Delaware lets you keep chickens in many places, but how depends on your county and town. Rural areas usually allow hens with setbacks and registration. Dover allows up to 25 hens; Newark limits hens to six and bans roosters; Wilmington, Middletown, and Milford ban chickens altogether in residential zones. Always check zoning and register your flock. Let me know your town or address and I can help confirm the exact rules that apply to your property.