What permits do you need to open a restaurant in New Castle County?

Temporary Commercial Outdoor Sales and Restaurant Seating Use Permit

The county's Use Permits and Temporary Events page states: "A Temporary Commercial Outdoor Sales Use Permit is required for existing commercial sites to display and sell its merchandise and serve food or beverages outdoors." Unified Development Code §40.03.329 (UDC as amended through October 1, 2026) permits any lawfully existing commercial use to display and sell its merchandise and serve food or beverages outdoors only under limited conditions: owners must obtain a limited use permit for all such temporary outdoor uses, "The permit shall be valid for no more than one hundred twenty (120) consecutive days and is renewable", and permits may be revoked under a State of Emergency declaration. No display, sales, seating or parking is permitted in any street right-of-way unless approved by DelDOT, nothing may obstruct pedestrian or vehicular traffic, and all temporary structures for display, sales or dining must meet the minimum yard setbacks of the zoning district. The permit fee is charged at application; the Department of Land Use (302-395-5400) gives the current amount. New Castle County Code §6.01.001 states that Chapter 6 "shall apply to the unincorporated territory of New Castle County, Delaware, and may apply to incorporated municipalities if by appropriate action of its governing body, any such governing body elects to be included in its application. Such jurisdictions are defined in Appendix 6 of this Chapter." The county's Contractor Licensing page states: "Any properties that are incorporated in a specific property tax area are not New Castle County's jurisdiction."

Fats, Oil and Grease (FOG) Program for Commercial Food Establishments (county sewer)

New Castle County Code §38.02.701 defines a commercial food establishment ("CFE") as "any facility that prepares, packages, serves and/or provides foods or beverages for sale or consumption on or off site, including but not limited to restaurants, food courts, food manufacturers, food packagers, grocery stores, hospitals, hotels, nursing homes, churches, schools, and correctional facilities." Section 38.02.711(A)(1) states: "Each CFE is subject to and must comply with the standards and procedures set out in this Division and Article 3 of this Chapter". Each CFE must clean its grease trap or interceptor at the minimum frequency in the county's BMP Manual, with exterior traps and interceptors serviced by a grease hauler licensed by the State of Delaware; keep a maintenance log on the Department of Public Works form and keep service receipts, logs and maintenance records for at least three years; prominently display the date of the last cleaning; and post a sign near the sink reminding employees not to put fats, oil or grease down a drain. Under §38.02.711(B) each CFE pays an annual fee to cover the cost of the programme, billed as part of the sewer service charge on the third quarterly billing due October 1; the Department of Public Works (302-395-5734) gives the current amount. A CFE may be exempted from the fee if it is a 501(c) nonprofit or already holds a Wastewater Discharge Permit, and from the fee and the requirements if it prepares no food that contains or produces grease (§38.02.711(B)(2), (C)).

Shared with other businesses in New Castle County

• Temporary Public Interest and Special Events Permit — New Castle County Department of Land Use, The permit fee is charged at application; contact the Department of Land Use, 302-395-5400, for the current amount., each event may last no longer than 14 days, no more than six times per year (UDC §40.03.330(B)). Also required for retail stores and fitness studios; 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; 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; what it involves is set out on the coffee shops page.