ADU Rules in Delaware (2026)
ADU rules in Delaware — no statewide ADU law. Regulation is entirely local. Key provisions and city-specific frameworks for accessory dwelling units.
Law Name
Preempts Local Ordinances
No — local rules may be stricter
Has State Law
No — regulation is local
Statewide Preemption Status Unconfirmed
No statewide preemption statute was confirmed for this jurisdiction — regulation is local. Local governments retain full authority to set their own rules.
Local Control Framework
Delaware has no statewide ADU law as of 2026 · Source
ADU regulation is left entirely to local municipalities and counties · Source
Wilmington and other Delaware municipalities set their own ADU ordinances · Source
Delaware's small geographic size means most housing decisions are made at the local or county level · Source
Delaware Code Title 22 (Municipalities) grants local governments authority over zoning and land use · Source
Source: Delaware Local Zoning Authority. Last verified April 5, 2026. View source