Sussex County, Delaware

Sussex County, Delaware land, permit and property glossary

Sussex County, Delaware land terms come from the county code, Delaware law and state agencies. This glossary gives plain-language definitions of parcel records, zoning districts such as AR-1, permits, state systems, transfer tax and flood terms, each with an official source link. SussexCounty.ai is a separate publisher and not the county government.

Parcels and records Zoning and land use Permits and building State agencies and systems Transactions and taxes Hazards and environment

Parcels and records

Tax map parcel number (PIN): A tax map parcel number identifies one parcel on the county tax maps. In Sussex County it appears as three hyphenated groups, for example 131-10.11-27.00, and the county online map has a Tax ID search. Check with Sussex County for what each group of digits stands for. Source
PIN: PIN is short for parcel identification number, the number used to find a property on county records and maps. The Sussex County online map has a Tax ID search for it. Check with Sussex County for the current format and lookup options. Source
Deed: A deed is the written document that transfers ownership of real estate. In Sussex County, deeds are recorded and indexed by the Recorder of Deeds in Georgetown. Source
Recorder of Deeds: The Recorder of Deeds is the county office that records and indexes property documents such as deeds and collects the related fees and taxes. The Sussex County office is at 2 The Circle, Georgetown, and its recording window closes at 4:00 PM. Source
Plat: A plat is a map of a subdivision showing how land is divided into lots. The Sussex subdivision ordinance defines a final plat as the map, plan or record of a subdivision and any accompanying material. Source
Easement: An easement is authorization by a property owner for another party to use the owner's property for a stated purpose. This is the definition used in the Sussex County zoning chapter. Source
Lis pendens: A lis pendens is a sworn notice, filed with the Recorder of Deeds, that a court case affects title to real estate. Under Delaware law it lasts 3 years unless a court extends it, and it cannot be used for a claim that seeks only money damages. Source
Assessment: An assessment is the value the county records for a property to calculate property tax. The Sussex County Assessment Department creates and maintains assessment records for all properties in the county. Source
Reassessment: A reassessment is a county-wide review that updates property values. Sussex County's reassessment was court ordered, began in 2021, and set values at projected fair market value as of July 1, 2023. Check with Sussex County for the tax year the new values apply to your bill. Source
Board of Assessment Review: The Board of Assessment Review is the Sussex County body that hears appeals of property tax assessments and of sewer and water assessments. Source
Property tax bill: A Sussex County property tax bill is issued by the county on behalf of the general government, local libraries and the eight school districts in the county. Check with Sussex County for the line items on a specific bill. Source
Tax year: Sussex County bills property taxes on a tax year that runs from July 1 to June 30. Main bills are due September 30. Check with Sussex County for current due dates. Source
School district tax: School district tax is the part of a property tax bill that funds public schools. Sussex County states that a percentage of every tax dollar paid is for school tax and that it collects school tax on each parcel under State law. Source
Lot: In the Sussex County zoning chapter, a lot is a fractional portion of a subdivision that is measured, surveyed and platted. Source
Setback: A setback is the area between a lot line and the building setback line where buildings and structures may not be built. Required setbacks depend on the zoning district. Source

Zoning and land use

Zoning district: A zoning district is an area of the county where one set of land use rules applies. Section 115-5 of the Sussex County Code establishes the residential, business and commercial, industrial and flood-prone districts. Source
Zoning map: The zoning map shows which district each parcel is in. Section 115-7 of the Sussex County Code establishes the Zoning Map and its district boundaries. Source
AR-1: AR-1 is the Agricultural Residential District, meant to protect farmland while allowing low-density single-family homes. The standard minimum lot is 32,670 square feet with a septic system and 20,000 square feet with central sewer, at least 100 feet wide, and height is capped at 42 feet (section 115-25). Source Full rules
AR-2: AR-2 is a closed Agricultural Residential District that shares Article IV with AR-1 and cannot be applied to new land (section 115-27). Its yard and height rules match AR-1 (15 foot side yard, 20 foot rear yard, 42 foot height), and the article's lot-size tables list AR-1 only. Source Full rules
MR: MR is the Medium-Density Residential District for medium-density housing where public sewer and water may or may not be available. A single-family lot needs at least 10,000 square feet and 75 feet of width, or 3/4 acre without central sewer, with a 42 foot height cap (section 115-34). Source Full rules
GR: GR is the General Residential District for medium-density housing, and it also allows manufactured homes on individual lots. A lot needs at least 10,000 square feet and 75 feet of width, or 3/4 acre without central sewer, and height is capped at 42 feet (section 115-42). Source Full rules
HR-1: HR-1 is a High-Density Residential District, covered with HR-2 in Article VII. A single-family lot needs 7,500 square feet and 60 feet of width, multifamily projects need 3,630 square feet of lot area per unit, and height is capped at 52 feet (section 115-50). Source Full rules
HR-2: HR-2 is a High-Density Residential District that shares Article VII with HR-1. In the sections reviewed the article gives HR-1 and HR-2 the same lot, yard and height standards (section 115-50). Source Full rules
UR: UR is the Urban Residential District, written for incorporated towns without their own zoning that opt into the county code. A single-family lot needs 10,000 square feet and 75 feet of width, or 3/4 acre without central sewer, with a 42 foot height cap (section 115-58). Source Full rules
RPC: RPC is the Residential Planned Community District, superimposed on residential zoning for large unified developments. The minimum site is 40 acres in AR, MR and GR districts and 10 acres in HR districts, and single-family lots may shrink to two-thirds of the base district size but not below 7,500 square feet (sections 115-121, 115-127). Source Full rules
VRP: VRP is the Vacation-Retirement-Residential-Park District, a closed district for planned vacation, retirement and residential parks of manufactured and modular homes (section 115-140). Its rules call for a 25 acre tract, 5,500 square foot lots at least 50 feet wide, and a 25 foot front yard (sections 115-134, 115-138, 115-139). Source Full rules
UB: UB is the Urban Business District, for incorporated towns without their own zoning that opt into the county code. It allows retail, restaurants, offices and personal services, with a 10,000 square foot minimum lot, 75 feet of width and a 42 foot height cap (sections 115-61, 115-66). Source Full rules
B-1: B-1 is the Neighborhood Business District for retail and personal services that serve a small nearby area. Lots need 10,000 square feet and 75 feet of width, any building or group of buildings must be under 75,000 square feet, and height is capped at 42 feet (sections 115-69, 115-74). Source Full rules
B-2: B-2 is the Business Community District for office, retail and personal service uses that serve small nearby areas. Lots run from 3,000 square feet up to 3 acres, buildings are capped at 30,000 square feet of floor area, and height is capped at 42 feet (section 115-75.6). Source Full rules
B-3: B-3 is the Business Research District for research-oriented business and business park uses, operated mostly indoors. The article sets 75 feet of lot width, states no lot area, and caps height at 42 feet (section 115-75.13). Source Full rules
C-1: C-1 is the General Commercial District for community-wide retail and services along major roads, and it is closed to new land. Lots need 10,000 square feet and 75 feet of width, with a 42 foot height cap (sections 115-82, 115-83). Source Full rules
CR-1: CR-1 is the Commercial Residential District for wide-area commercial and service uses; it allows residential uses that meet its other requirements and has been closed to new land since July 1, 2018. Lots need 10,000 square feet and 75 feet of width, with a 42 foot height cap (sections 115-83.8, 115-83.9). Source Full rules
C-2: C-2 is the Medium Commercial District for retail and consumer services near arterial and collector streets, with no outside storage or sales. Lots need at least 15,000 square feet, buildings are capped at 75,000 square feet of floor area, and height is capped at 42 feet (section 115-83.15). Source Full rules
C-3: C-3 is the Heavy Commercial District for larger auto-oriented retail and services on major arterial roads. Lots need at least 1 acre, buildings are capped at 150,000 square feet of floor area, and height is capped at 42 feet (section 115-83.22). Source Full rules
C-4: C-4 is the Planned Commercial District for large planned commercial, retail and mixed-use projects on at least 3 acres, with County Council approval of the development plan. Up to 40 percent of the developable area may be duplexes, townhouses or multifamily, and height is capped at 42 feet (sections 115-83.25, 115-83.30). Source Full rules
C-5: C-5 is the Service/Limited Manufacturing District for small-scale light industrial, wholesale distribution and personal service uses. Lots need at least 15,000 square feet, buildings are capped at 50,000 square feet of floor area, and height is capped at 42 feet (section 115-83.37). Source Full rules
I-1: I-1 is the Institutional District for public, quasi-public and institutional land such as schools, hospitals and government facilities. The article sets 75 feet of lot width, states no lot area, and caps height at 42 feet (section 115-83.44). Source Full rules
M: M is the Marine District, which keeps waterfront land for marinas, boat sales and repair, seafood handling and related tourist services. A lot needs 10,000 square feet and 75 feet of width, and height is capped at 42 feet for houses and multifamily buildings and 45 feet for other uses (section 115-90). Source Full rules
LI-1: LI-1 is the Limited Industrial District, an industrial-park setting for clean manufacturing and offices done inside enclosed buildings. Lots need 1 acre (43,560 square feet), 150 feet of width and 200 feet of depth, and buildings stay 100 feet from residential districts (sections 115-93, 115-99). Source Full rules
LI-2: LI-2 is the Light Industrial District for light manufacturing, processing, wholesale distribution and warehousing, with open storage allowed and new housing excluded. Lots need 1 acre (43,560 square feet), 150 feet of width and 200 feet of depth, and height is capped at 52 feet (section 115-107). Source Full rules
HI-1: HI-1 is the Heavy Industrial District for a wide range of industrial operations, with potentially hazardous uses allowed only after a public hearing. Lots need at least 2 acres, 200 feet of width and 200 feet of depth, and the table lists a 125 foot height (sections 115-111, 115-116). Source Full rules
Conditional use: A conditional use is a use that may suit a district but needs case-by-case review of its location and site plan. In Sussex County the Planning and Zoning Commission advises the County Council on conditional use requests. An approval is valid for three years unless construction or use is substantially underway. Source
Change of zone: A change of zone is an amendment that moves land into a different zoning district. The County Council decides by ordinance after the Planning and Zoning Commission holds a hearing and reports, and a property owner can start the process by petition. Source
Special use exception: A special use exception is a request the Board of Adjustment may grant for items the code lets it hear, such as temporary permits of up to five years or parking and loading waivers. The Board must find it will not substantially affect adjacent property uses. Source
Variance: A variance is relief from a zoning rule granted by the Board of Adjustment where enforcing the rule would cause unwarranted hardship. The hardship must come from unique property conditions and not be created by the applicant, and the Board must grant only the minimum relief. Source
Board of Adjustment: The Board of Adjustment is a five-member body, appointed by County Council to three-year terms, that hears requests for variances and special use exceptions. It acts as a quasi-judicial board on individual cases. Source
Planning and Zoning Commission: The Planning and Zoning Commission has five members appointed by County Council. It advises the Council on change of zone and conditional use requests and has authority to grant or deny subdivision applications. Source
County Council: The Sussex County Council has five members, one for each of five districts. Under the zoning code it may amend zoning districts and regulations by ordinance after receiving the Planning and Zoning Commission's report. Source
Comprehensive plan: A comprehensive plan is a long-term guide for land use. Delaware law requires every county and municipality to have one, and Sussex County lists its 2018 Comprehensive Plan as the current version. Source
Subdivision: Under the Sussex County subdivision ordinance, a subdivision is real property divided into two or more lots for sale, lease or building development, now or later. The Planning and Zoning Commission can grant or deny subdivision applications. Source
Cluster development: Cluster development allows variations in residential layout, such as smaller lots and shared open space. In AR districts with central sewer the cluster option requires a tract of at least 10 acres and 30 percent open space. Source
Resource buffer: A resource buffer is a protected area next to wetlands or waters. A Sussex County working group described two zones, with Zone A next to the resource and Zone B outside it. Check with Sussex County for the buffer widths now in force. Source
Wetlands: The Sussex County zoning chapter defines wetlands as areas inundated or saturated by surface water or groundwater that support vegetation adapted to saturated soils. Source
Nonconforming use: A nonconforming use is a building or land that does not meet the height, area or use rules of the district it is in. Article XXVI of the zoning chapter sets the rules for these uses. Source

Permits and building

Building permit: A building permit is county approval to build. Sussex County states that all construction in the county, whether new, remodeling or additions, requires a county-issued building permit, and most applications are made in person at the Georgetown office. Source
Certificate of occupancy: A certificate of occupancy is issued by Sussex County once the required documents are received and county field inspections are complete. For a house, items such as the septic completion report and any required DelDOT entrance permit must be on file before the final inspection is scheduled. Source
Impact fee: An impact fee is a charge tied to the demand a new building places on public systems. In Sussex sanitary sewer and water districts, the county collects system connection charges, which the county page calls impact fees, before it issues a building permit. Check with Sussex County for any other fees. Source
Inspection: An inspection is a county check of work at set stages. Sussex County's single-family list includes footing, pre-slab, framing, energy and final inspections. Source
Manufactured home: The Sussex County zoning chapter defines a manufactured home as a movable or portable dwelling of at least 450 square feet. Whether it is allowed depends on the zoning district. Check with Sussex County for the permit steps for a manufactured home. Source
Septic permit: A septic permit is state approval of an on-site wastewater system, handled by DNREC. A licensed soil scientist evaluates the site, a licensed designer designs the system and obtains the permit, and a licensed contractor installs it. Source
Well permit: DNREC's Well Permits Program issues well construction and use permits for wells that withdraw 50,000 gallons per day or less. A licensed water well contractor completes the application, and a property owner's signature is also required. Source
Entrance permit: An entrance permit is DelDOT approval for a new or changed entrance. DelDOT has an online entrance permit application and separate processes for residential, small commercial and commercial entrances. Source
Sediment and erosion control plan: Sussex County requires a Sediment and Erosion Control Plan for projects that disturb 5,000 square feet or more, including single-family homes. The Residential Standard Plan is a requirement for a building permit and is handled through the Sussex Conservation District. Source

State agencies and systems

DNREC: DNREC is the Delaware Department of Natural Resources and Environmental Control. It issues well permits, approves septic systems and administers the Coastal Zone Act. Source
DelDOT: DelDOT is the Delaware Department of Transportation. It reviews and permits entrances. Source
Delaware FirstMap: FirstMap is the State of Delaware's enterprise GIS system, a shared mapping platform with more than 1,000 datasets. It is run by the Location Intelligence team in the Department of Technology and Information. Source
Delaware Division of Revenue: The Division of Revenue is the state tax agency. It publishes the realty transfer tax return, Form RTT-TAX, and its instructions. Source
PLUS: PLUS is the Preliminary Land Use Service, a state review of major land use change proposals set out in Title 29, Chapter 92 of the Delaware Code. Applicants meet monthly with state agency experts before going to the local government. Source
Office of State Planning Coordination: The Office of State Planning Coordination receives PLUS proposals and coordinates the state agency review. It also publishes the Strategies for State Policies and Spending. Source
Strategies for State Policies and Spending: The State Strategies are Delaware's guide to coordinate land use decisions with infrastructure and services. They sort land into investment levels. Check with the Office of State Planning Coordination for the current version. Source
Investment levels: In the 2020 State Strategies, Level 1 is often towns and urban places, Level 2 is transition areas, Level 3 is areas for longer-term growth or needing careful review, and Level 4 is rural land where the state supports agriculture and resource protection. Out-of-Play lands are not available for development. Source
Coastal Zone Act: The Coastal Zone Act is Chapter 70 of Title 7 of the Delaware Code. It prohibits new heavy industry uses and offshore bulk product transfer facilities in the coastal zone, and DNREC administers it. Source

Transactions and taxes

Realty transfer tax: Delaware's realty transfer tax is 4.0 percent in total: 2.5 percent state and 1.5 percent county or municipal. The form instructions say it is split equally between seller and buyer. Check with Sussex County for how it applies to a specific sale. Source
First-time homebuyer transfer tax reduction: For transactions on or after August 1, 2017, Delaware law reduces the buyer's share of realty transfer tax for a first-time homebuyer by one-half percent of the lesser of the value or $400,000. The seller's share is not reduced. Check with the Division of Revenue for current rules. Source
Municipal transfer tax: Some Sussex towns have their own transfer tax, and Sussex County lists rates for several of them. The county says deeds recorded within town limits without the proper town stamps are returned. Check with the town for its rate. Source
Recordation: Recordation is the filing of a document, such as a deed, in the public land records. In Sussex County the Recorder of Deeds records and indexes documents and collects the fees and taxes. Source
Closing: Closing is the final step in buying a home, when the buyer signs the papers that complete the purchase and the loan. The Closing Disclosure lays out the final loan terms and costs. Source
Title search: A title search is a review of public records for a property's ownership history and claims against it. The CFPB lists title search among title services, which are associated with issuing title insurance. Source

Hazards and environment

FEMA flood zone: A FEMA flood zone is a risk label on a Flood Insurance Rate Map. Zones A, AE and VE are special flood hazard areas with a 1 percent chance of flooding in any year. Zone X covers moderate and minimal hazard areas. Source
Zone A: Zone A is a FEMA zone inundated by the 1 percent annual chance flood, where base flood elevations are not determined. Source
Zone AE: Zone AE is a FEMA zone subject to the 1 percent annual chance flood, where base flood elevations are determined. Source
Zone VE: Zone VE is a FEMA coastal zone subject to the 1 percent annual chance flood plus high-velocity wave action. Source
Zone X: Zone X is a FEMA zone outside the 1 percent annual chance floodplain. Shaded X is a moderate hazard area between the base flood and the 0.2 percent annual chance flood, and unshaded X is minimal hazard. Source
Base flood: The base flood, also called the 100-year flood, is the flood with a 1 percent chance of being equaled or exceeded in any given year. Source
Special flood hazard area: A special flood hazard area is land in the floodplain with a 1 percent or greater chance of flooding in any given year. FEMA designates these as Zones A, AE, AO and VE. Source
Floodway: A floodway is the channel of a river or other watercourse and the adjacent land that must be kept clear to carry the base flood without raising the water surface beyond a set height. The Sussex code bars variances that would raise the 100-year flood elevation in a floodway. Source
Floodplain ordinance: Article XVIII of the Sussex County zoning chapter regulates development in special flood hazard areas, based on FEMA studies and maps. It adopts the FEMA Flood Insurance Rate Map for Sussex County dated March 16, 2015. Check with Sussex County for the map now in effect. Source
Inland Bays: The Inland Bays are three bays in Delaware. The Center for the Inland Bays works to protect and restore them from its office in Rehoboth Beach. Check with Sussex County or DNREC for any rules that apply to a specific parcel. Source
Source water protection area: Chapter 89 of the Sussex County Code protects excellent groundwater recharge areas and wellhead protection areas that supply public drinking water. It limits impervious cover and certain storage tanks in those areas. Source
NWS Mount Holly office: The National Weather Service office in Mount Holly, New Jersey (Philadelphia/Mount Holly) covers all three Delaware counties: New Castle, Kent and Sussex. Its forecasts and warnings are at weather.gov/phi. Source