What do these permits involve in Kent County?

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Kent County Building Permit (commercial construction, fit-out, renovation, signs, demolition)

Kent County Code §205-417A provides that no building shall be erected, constructed, altered, moved, converted, extended or enlarged without the owner first having obtained a building permit, and Chapter 105 (adopted 8-18-2020 by Ord. No. 20-6) applies to the unincorporated area and to any municipality that elects to be included. The county's Permitting Requirements & Adopted Codes page lists the commercial permit types as New Commercial Structures, Business Certificate of Occupancies, Commercial Fit-outs, Temporary Activities, Commercial Interior Renovations and Home Based Business, and states: "IMPORTANT: Permits are REQUIRED for any work in Flood Plain areas!!" Applications are made online through the county's My Government Online portal; the Division of Inspections and Enforcement answers questions at (302) 744-2451. Before a permit is issued, other approvals may be needed, including the Delaware State Fire Marshal, Kent Conservation District, the Division of Public Health and DNREC (§105-4). The fees are as set in Kent County Code §128-42C(1) (last amended 5-27-2025 by Ord. No. 25-12; the Code is current to March 24, 2026): a $40 application fee, "For a valuation $0 to $1,000: $50", "For a valuation not exceeding $1,000,000 for each $1,000 valuation or fraction thereof: $10", $3 for each additional $1,000 over $1,000,000, a $50 minimum, a commercial plan review fee of $0.003 for each dollar of value (minimum $20), and reinspection fees of $75, $150, $250 and $300. The building official sets the final permit valuation. Two county surcharges are added on the construction valuation: the School District Capital Improvement Fund surcharge of 1.16% for the local school district plus 0.09% for POLYTECH School District under §105-25 (in effect since 2006), limited to the first $1,000,000 of construction value for buildings not involving residential use and occupancy, with exemptions in §105-25D including 501(c)(3) organisations and government agencies; and the Emergency Services Assistance Fund surcharge of 1/4 of 1% under §37-1 (last amended 2-10-2015 by Ord. No. 15-03). Since December 1, 2025 a lines-and-grade survey is required for development on lots smaller than one-half acre. The county's Municipal Information page lists Camden, Cheswold, Clayton, Dover, Frederica, Harrington, Milford, Smyrna and Wyoming under "Towns Which Require Their Own Permits / No Permits are Required from Kent County, Delaware", and lists Bowers, Farmington, Felton, Hartly, Houston, Kenton, Leipsic, Little Creek, Magnolia, Viola and Woodside under "Towns Which Kent County Issues Building Permits, BUT Does NOT Enforce their Zoning" (those towns require a town permit or letter of approval before the county building permit). Kent County Code §105-4G: a permit becomes invalid unless work starts within 180 days after issuance, or if work is suspended or abandoned for 180 days (written extensions of up to 180 days each may be granted); §105-4H: once work has begun, a permit is valid for one year from issuance; §105-4I: work must be completed and pass final inspection within two years, and after the first 12 months a permit may be renewed for one additional twelve-month period ($50 renewal permit, §128-42C(1)(s)).

Business Certificate of Occupancy and Temporary Certificate of Occupancy

Kent County Code §105-10A provides: "No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the building official has issued a certificate of occupancy therefor as provided herein." Certificates are not required for work exempt from permits. Zoning §205-416B adds that no premises shall be used, and no buildings hereafter erected or structurally altered shall be used, occupied or changed in use, until a certificate of occupancy has been issued by the Division Head of Inspections and Enforcement stating that the building or proposed use complies with the building laws and the zoning regulations. The county's Permitting Requirements & Adopted Codes page lists "Business Certificate of Occupancies" among the commercial permits. The amount of the business certificate of occupancy fee is not published in §128-42 or on the county permit pages; the Division of Inspections and Enforcement ((302) 744-2451, Inspections@kentcountyde.gov) gives it. Under §105-10C the building official may issue a temporary certificate of occupancy before the entire work is complete where the portion can be occupied safely, in thirty-day increments, and "A separate fee applies for each 30 days"; Kent County Code §128-42C(1)(k) sets the temporary certificate of occupancy fee at "$100; renewable in thirty-day increments". The county's Municipal Information page lists Camden, Cheswold, Clayton, Dover, Frederica, Harrington, Milford, Smyrna and Wyoming under "Towns Which Require Their Own Permits / No Permits are Required from Kent County, Delaware", and lists Bowers, Farmington, Felton, Hartly, Houston, Kenton, Leipsic, Little Creek, Magnolia, Viola and Woodside under "Towns Which Kent County Issues Building Permits, BUT Does NOT Enforce their Zoning" (those towns require a town permit or letter of approval before the county building permit).

Zoning Certificate of Use (where Kent County enforces zoning)

Kent County Code §205-52F provides: "Except for single-family residences, agricultural uses, and uses approved through a separate review process, no premises or structure, including a nonconforming use, may be used or altered until a zoning certificate of use is issued by the Department of Planning Services, Division of Planning." The certificate authorises the occupancy and use of the structure or premises and continues in effect as long as the use is in complete conformity with Chapter 205; a certificate is required for each use, and as long as a use does not change it continues in effect when the ownership of the property changes. Section 205-52F says the fee is set by ordinance of the Levy Court, and Kent County Code §128-42A(8)(b) (last amended 5-27-2025 by Ord. No. 25-12; the Code is current to March 24, 2026) sets it: "Certificate of use: $50." The Planning Division handles zoning information and administrative applications at (302) 744-2471 or planning@kentcountyde.gov. The county's Municipal Information page lists Camden, Cheswold, Clayton, Dover, Frederica, Harrington, Milford, Smyrna and Wyoming under "Towns Which Require Their Own Permits / No Permits are Required from Kent County, Delaware", and lists Bowers, Farmington, Felton, Hartly, Houston, Kenton, Leipsic, Little Creek, Magnolia, Viola and Woodside under "Towns Which Kent County Issues Building Permits, BUT Does NOT Enforce their Zoning" (those towns require a town permit or letter of approval before the county building permit). A business in any of those 20 towns therefore applies to the town for zoning rather than to the county.

Sewer Connection Permit and Main System Capital Improvement Fee (Kent County central sewer)

The county's Sewer Permits page states: "A sewer permit is required for any residential or commercial property connecting to the Kent County central sewer system." Permits are applied for online through the MyGovernmentOnline portal, and Public Works answers questions at (302) 744-2430. As set in Table 128-I-1 (Public Works Fee Schedule, last amended 6-11-2024 by Ord. No. 24-14; Supp 40, Oct 2024), a commercial sewerage connection permit costs $500 and is valid for 18 months after payment, after which it becomes null and void; reviewing commercial sanitary sewer plans and sending the approval letter that DNREC needs for its Wastewater Construction Permit costs $1,000 plus $1,500 per pump station or pump station modification. Under §128-18 connection fees are calculated per equivalent dwelling unit (EDU), with one EDU equal to 250 gallons per day or six fixture units and usage categories set out in §128-18A(3). Table 128-III-1 (last amended 6-25-2019 by Ord. No. 19-10) sets the Main System Capital Improvement Fee at $3,392 per EDU effective July 1, 2026; the table sets a new rate each July 1. Under §128-21 municipal contract users remit this charge to the County and may add an administrative fee of up to 5% for collections. The permit applies to a property connecting to the Kent County central sewer system.

Permit	Issuing agency	Fee	Renews	Last checked
Kent County Building Permit (commercial construction, fit-out, renovation, signs, demolition)only if it applies to you	Kent County Department of Planning Services, Division of Inspections and Enforcement	Kent County Code §128-42C(1): application fee $40 (nonrefundable once the application is accepted; not counted toward the surcharges); "For a valuation $0 to $1,000: $50"; "For a valuation not exceeding $1,000,000 for each $1,000 valuation or fraction thereof: $10"; "Over $1,000,000 for each additional $1,000 or fraction thereof: $3"; minimum fee $50; demolition $100; signs by contract price or Marshall & Swift evaluation (minimum $50); plan review for commercial buildings $0.003 for each dollar of value, minimum $20; reinspection $75 first, $150 second, $250 third, $300 fourth and after; renewal permit $50. Plus county surcharges on the construction valuation: School District Capital Improvement Fund surcharge of 1.16% (local school district) plus 0.09% (POLYTECH), limited to the first $1,000,000 of construction value for buildings not involving residential use and occupancy (§105-25A-B); and Emergency Services Assistance Fund surcharge of 1/4 of 1% (§37-1).	Kent County Code §105-4G: a permit becomes invalid unless work starts within 180 days after issuance, or if work is suspended or abandoned for 180 days (written extensions of up to 180 days each may be granted); §105-4H: once work has begun, a permit is valid for one year from issuance; §105-4I: work must be completed and pass final inspection within two years, and after the first 12 months a permit may be renewed for one additional twelve-month period ($50 renewal permit, §128-42C(1)(s))	2026-10-12
Business Certificate of Occupancy and Temporary Certificate of Occupancyonly if it applies to you	Kent County Department of Planning Services, Division of Inspections and Enforcement	Business certificate of occupancy: the amount is not published in Kent County Code §128-42 or on the county permit pages; contact the Division of Inspections and Enforcement, (302) 744-2451, for the current amount. Temporary certificate of occupancy: "$100; renewable in thirty-day increments" (§128-42C(1)(k)); a separate fee applies for each 30 days (§105-10C).	certificate of occupancy: issued once for the building and occupancy classification, until the occupancy changes; temporary certificate: issued in thirty-day increments	2026-10-12
Zoning Certificate of Use (where Kent County enforces zoning)only if it applies to you	Kent County Department of Planning Services, Planning Division	$50 per zoning certificate of use ("Certificate of use: $50", Kent County Code §128-42A(8)(b))	continues in effect as long as the use is in complete conformity with Chapter 205; a certificate is required for each use, and it continues in effect when the ownership of the property changes as long as the use does not change (§205-52F)	2026-10-12
Sewer Connection Permit and Main System Capital Improvement Fee (Kent County central sewer)only if it applies to you	Kent County Department of Public Works	Sewerage connection permit, Commercial: $500 (Table 128-I-1(5)(A)). Sanitary sewer plan review for the approval letter DNREC needs to issue the Wastewater Construction Permit: $1,000 (Commercial) plus $1,500 per pump station or pump station modification, due at initial plan submittal (Table 128-I-1). Main System Capital Improvement Fee (County Impact Fee): $3,392 per EDU, effective July 1, 2026 (Table 128-III-1); EDUs are calculated under §128-18.	the sewerage connection permit is valid for 18 months after receipt of payment by the Department of Public Works, then becomes null and void (Table 128-I-1(5))	2026-10-12

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