13 permits · verified 2026-10-12
What permits do you need to open a restaurant in Kent County De?
In short
A restaurant in Kent County De, DE has 3 permits that apply to every business of this type, plus 10 more that depend on your premises, signage or how you are set up. Kent County Department of Planning Services, Planning Division charges $50 per zoning certificate of use ("Certificate of use: $50", Kent County Code §128-42A(8)(b)) for the zoning certificate of use (where kent county enforces zoning). 5 of the 13 are charged as a range or formula rather than a flat fee. Verified 2026-10-12 against the issuing agencies’ published fee schedules.
Permits particular to a restaurant in Kent County De
| Permit | Issuing agency | Fee | Renews | Last checked |
|---|---|---|---|---|
| Food Service Facility FOG Interceptor and Trap Permitonly if it applies to you | Kent County Department of Public Works | Table 128-I-1(3), tri-annual permit to operate an oil and grease interceptor or trap: $100 for "Owners with 100 or less gallons of total trap/interceptor volume in one FSF"; $400 for "Owner with >100 gallons of total trap/interceptor volume". Re-inspection: $100 per re-inspection (Table 128-I-1(4); §180-13I). | three years, beginning January 1 of a calendar year and expiring December 31 of the third year; renewal application due 60 days before expiry; not transferable to another owner or a changed operation (§180-13K(5)-(6)) | 2026-10-12 |
| Certified Food Protection Manager | Delaware Division of Public Health, Office of Food Protection | No fee | set by the accrediting program rather than by state regulation | 2026-09-04 |
| Food Establishment Permit | Delaware Division of Public Health, Office of Food Protection | $100 a year for a public eating place; ice manufacturers, food processors and vending machine locations pay $30 | annual, non-refundable | 2026-09-04 |
Fees shown as a range or formula are set that way by the issuing agency — we do not average them into a single number.
Local permits that apply to every type of business in Kent County De
| 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 | Varies — formula on the Kent County De page | 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 | Varies — formula on the Kent County De page | 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 | Varies — formula on the Kent County De page | 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 |
Fees shown as a range or formula are set that way by the issuing agency — we do not average them into a single number.
DE registrations that apply to every type of business
| Permit | Issuing agency | Fee | Renews | Last checked |
|---|---|---|---|---|
| Certificate of Formation (LLC)only if it applies to you | Delaware Department of State, Division of Corporations | $110 one-time filing | perpetual, but a flat $300 tax is owed every year | 2026-09-04 |
| Certificate of Incorporationonly if it applies to you | Delaware Department of State, Division of Corporations | $109 minimum one-time filing; rises with a larger authorized-share structure | perpetual, but an annual report and franchise tax are due every year | 2026-09-04 |
| LLC Annual Taxonly if it applies to you | Delaware Department of State, Division of Corporations | $300 a year, flat | annual — due every June 1 | 2026-09-04 |
| Business License | Delaware Division of Revenue | $75 a year for most classifications, $90 for general retailers; each additional location adds $25 or $40 | annual, expiring December 31 — a 3-year license may be bought after the first year at exactly three times the annual fee | 2026-09-04 |
| Annual Report and Franchise Taxonly if it applies to you | Delaware Department of State, Division of Corporations | Varies — formula on the DE page | annual — due every March 1 | 2026-09-04 |
| Sales Tax Permit — Delaware position (gross receipts tax instead)only if it applies to you | Delaware Division of Revenue | No fee | not applicable | 2026-09-04 |
Fees shown as a range or formula are set that way by the issuing agency — we do not average them into a single number.
How much does it actually cost to permit a restaurant in Kent County De?
There is no single figure, and any site quoting one is rounding away the part that matters. Of the 13 records listed for a restaurant in Kent County De, DE, 3 apply to every business of this type and 10 are conditional. Adding every fee on the page together would overstate what most operators pay, because it would include permits they never need.
Of the 3 that always apply, 2 carry a flat fee, coming to $175.00. That is a floor, not a total. 5 of the 13 are charged as a range or a formula set by the issuing agency, and 2 have no fee published at all. The ones particular to this business that vary:
Food Service Facility FOG Interceptor and Trap Permit: Table 128-I-1(3), tri-annual permit to operate an oil and grease interceptor or trap: $100 for "Owners with 100 or less gallons of total trap/interceptor volume in one FSF"; $400 for "Owner with >100 gallons of total trap/interceptor volume". Re-inspection: $100 per re-inspection (Table 128-I-1(4); §180-13I).
The other 4 variable fees belong to permits that apply to every type of business here; their formulas are set out on the Kent County De permits page and the DE state page.
Which offices issue these permits in Kent County De?
Permits for a restaurant in Kent County De, DE come from 6 separate offices: Kent County Department of Planning Services, Division of Inspections and Enforcement, Kent County Department of Planning Services, Planning Division, Kent County Department of Public Works, Delaware Department of State, Division of Corporations, Delaware Division of Public Health, Office of Food Protection, Delaware Division of Revenue. No single office issues them all, which is why an opening means filing in several places rather than one.
- Kent County Department of Planning Services, Division of Inspections and EnforcementIssues 2 permits on this page: Kent County Building Permit (commercial construction, fit-out, renovation, signs, demolition), Business Certificate of Occupancy and Temporary Certificate of OccupancyKent County Levy Court Administrative Complex, 555 Bay Rd., Dover, DE 19901 · (302) 744-2451www.kentcountyde.gov/My-Government/Departments/Planning
- Kent County Department of Planning Services, Planning DivisionIssues 1 permit on this page: Zoning Certificate of Use (where Kent County enforces zoning)Kent County Levy Court Administrative Complex, 555 Bay Rd., Dover, DE 19901 · (302) 744-2471www.kentcountyde.gov/My-Government/Departments/Planning
- Kent County Department of Public WorksIssues 2 permits on this page: Food Service Facility FOG Interceptor and Trap Permit, Sewer Connection Permit and Main System Capital Improvement Fee (Kent County central sewer)Kent County Levy Court Administrative Complex, 555 Bay Rd., Dover, DE 19901 · (302) 744-2430www.kentcountyde.gov/Residents/Permits/Sewer-Permits
- Delaware Department of State, Division of CorporationsIssues 4 permits on this page: Certificate of Formation (LLC), Certificate of Incorporation, LLC Annual Tax, Annual Report and Franchise TaxPO Box 898, Dover, DE 19903 · (302) 739-3073corp.delaware.gov
- Delaware Division of Public Health, Office of Food ProtectionIssues 2 permits on this page: Certified Food Protection Manager, Food Establishment Permit417 Federal Street, Dover, DE 19901 · (302) 744-4546dhss.delaware.gov/dph/homepage/about/sections/hsp/licenses-and-permits/food-protection
- Delaware Division of RevenueIssues 2 permits on this page: Business License, Sales Tax Permit — Delaware position (gross receipts tax instead)820 North French Street, Wilmington, DE 19801 · (302) 577-8200revenue.delaware.gov
What does a restaurant need in Kent County De that other businesses do not?
Shared with other businesses in Kent County De
- Food Service Facility FOG Interceptor and Trap Permit — Kent County Department of Public Works, Table 128-I-1(3), tri-annual permit to operate an oil and grease interceptor or trap: $100 for "Owners with 100 or less gallons of total trap/interceptor volume in one FSF"; $400 for "Owner with >100 gallons of total trap/interceptor volume". Re-inspection: $100 per re-inspection (Table 128-I-1(4); §180-13I)., three years, beginning January 1 of a calendar year and expiring December 31 of the third year; renewal application due 60 days before expiry; not transferable to another owner or a changed operation (§180-13K(5)-(6)). Also required for coffee shops and retail stores; what it involves is set out on the retail stores page.
- Certified Food Protection Manager — Delaware Division of Public Health, Office of Food Protection, No fee, set by the accrediting program rather than by state regulation. Also required for coffee shops and food trucks; what it involves is set out on the coffee shops page.
- Food Establishment Permit — Delaware Division of Public Health, Office of Food Protection, $100 a year for a public eating place; ice manufacturers, food processors and vending machine locations pay $30, annual, non-refundable. Also required for coffee shops and food trucks; what it involves is set out on the coffee shops page.
The other 4 local permits in the tables apply to every type of business in Kent County De, DE; what each one involves is set out on the Kent County De permits page. The 6 state-level registrations apply to every type of business across DE and are covered on the DE state page.
How does a restaurant compare with other businesses in Kent County De?
A restaurant and a coffee shop in Kent County De, DE need exactly the same 3 permits beyond the ones every business needs.
| Business | Its own permits | Shared with a restaurant | Only a restaurant needs | Only it needs |
|---|---|---|---|---|
| Coffee shops | 3 | 3 | 0 | 0 |
| Food trucks | 3 | 2 | 1 | 1 |
| Retail stores | 2 | 1 | 2 | 1 |
| Auto repair shops | 2 | 0 | 3 | 2 |
| Childcare centres | 2 | 0 | 3 | 2 |
| Contractors and trades | 4 | 0 | 3 | 4 |
| Fitness studios | 0 | 0 | 3 | 0 |
| Salons and barbers | 1 | 0 | 3 | 1 |
| Veterinary clinics | 1 | 0 | 3 | 1 |
Sources
Sources for the permits shared with other businesses are listed with their explanations on the retail stores page and coffee shops page. Sources for the permits that apply to every type of business are listed on the Kent County De permits page and the DE state page. Confirmed by Editorial Team.
Related
Commercial Compliance Hub publishes information, not legal advice. Requirements change — confirm anything you rely on with the issuing agency before you file.