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

Temporary Miscellaneous Sales Permit (sales from trucks or a temporary outdoor or tented sales area)

The county's Use Permits and Temporary Events page states: "A Temporary Miscellaneous Sales permit is required to transport goods to a retail use and sell the merchandise from truck(s) or a temporary outdoor or tented sales area." Unified Development Code §40.03.331 (UDC as amended through October 1, 2026) requires a limited use permit for all temporary miscellaneous sales, valid for a period not to exceed thirty consecutive calendar days, and a property may be used a total of four times per calendar year for such sales. A copy of the DelDOT entrance/exit permit or waiver and a copy of a valid State of Delaware vendor license issued to the applicant must be attached to the application; a permit is required for any security trailer or shed; no open fires are allowed; no display, sales or parking is permitted in any street right-of-way; display areas must meet the yard setbacks; and the site must be cleared within five days after the permit expires. Sales of agricultural products are permitted in 60-day increments up to 240 calendar days. 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."

Temporary Public Interest and Special Events Permit

The county's Use Permits and Temporary Events page states that a Temporary Public Interest and Special Events permit "is required for events such as outdoor gatherings, auctions, art sales, flower/plant and holiday tree sales, bake sales, outdoor concerts, carnivals, circuses, outdoor religious meetings, and special entertainment at commercial properties." Unified Development Code §40.03.330 (UDC as amended through October 1, 2026) requires a limited use permit for temporary special events; the activity is limited to no more than six times per year, and each event shall last no longer than fourteen days. Non-profit and charitable organisations submit only an information sheet. No display, sales or parking is permitted in any street right-of-way, display areas and temporary structures must meet the yard setbacks, and required parking for the primary use may not be displaced except on lots of at least 500 spaces where the applicant shows sufficient parking. A business holding such an event on its commercial property needs this permit. 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."

Closing-Out Sale License (Going Out of Business Sale permit)

New Castle County Code §8.02.001(A) makes it unlawful to advertise or conduct any retail sale represented as a bankrupt, insolvent, closing out, going out of business, retiring from business, liquidation or similar sale, or any sale that leads the public to believe the seller is closing out the goods of a business for less than the current or regular retail price, "in the County, without first filing with the Department of Land Use the application and inventory provided for by this Article and obtaining from such Department a license, to be known as a 'closing-out sale license,' to advertise or conduct such a sale." The county's Use Permits and Temporary Events page states: "A Going Out of Business Sale permit is required if goods, wares, or merchandise are being sold for less than the current or regular retail price." As set in §8.02.001(B) (Ord. No. 98-050, 5-26-1998), the fee is $25 for a period not exceeding 30 days, $50 for not exceeding 60 days and $75 for not exceeding 90 days, plus $5.00 for each $1,000 or fraction thereof of inventory. The application is filed in writing and under oath with an inventory and itemised wholesale prices (§8.02.002); the license is not transferable, must be displayed at the place of sale, and covers only the goods listed in the inventory, with no replenishment (§8.02.003, §8.02.008). Sales by public or court officers are excluded (§8.02.009). The Department of Land Use is at the Government Center, 87 Reads Way, New Castle, DE 19720 (Planning & Permits 302-395-5400).

Shared with other businesses in New Castle County

• Temporary Commercial Outdoor Sales and Restaurant Seating Use 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., valid for no more than 120 consecutive days and renewable (UDC §40.03.329(A)(1)). Also required for restaurants and coffee shops; what it involves is set out on the restaurants page.