Sussex County, DE Tree Rules: Permits, Burning and Brush

The short version

Towns not listed, including Dagsboro, Milford, Seaford and Laurel, weren't reviewed for this guide. If your home is inside any town's limits, call its town hall before a large removal.

Unincorporated Sussex County

Much of the county lies outside any town, including Harbeson, Long Neck and the countryside around Georgetown, Millsboro and Milton. The county pages read for this site showed no permit for taking a tree off an existing home lot (checked Nov 9, 2026).

The rule people hear about is the county's forest preservation ordinance. WHYY reported on September 4, 2026 that County Council adopted it unanimously, that it takes effect three months after adoption, and that it applies to new subdivision applications. Developers must save no less than 30 percent of a site's forest in the county's growth areas and half of it in rural areas, using the Future Land Use Map to tell which is which. A forest, for this purpose, means an acre or more that is at least 120 feet across and holds 100 or more trees per acre measuring 4 inches thick or larger. Removal beyond that is allowed only in limited cases, with Planning and Zoning Commission approval and replanting of at least double what is cut (checked Nov 9, 2026).

None of that touches a single tree in an established yard. If your lot is in a newer subdivision with preserved woods, buffers or common open space, ask Planning and Zoning at (302) 855-7878, 2 The Circle, Georgetown, before cutting there.

Rehoboth Beach

Rehoboth has the most detailed tree law of the places covered here. The city's trees page says that generally you need a permit to remove trees in the city, whether on private or public property. Chapter 253 of the city code works like this (checked Nov 9, 2026):

• Protected trees. Trees 8 inches or more in diameter at 4½ feet that are on the city's approved tree list, trees counted toward the city's tree density rule, and trees planted as mitigation. Trees 20 inches or more are heritage trees.
• Reasons a permit can be granted. The tree blocks reasonable development after efforts to save it; it sits in a public or utility right-of-way, easement or stormwater facility; it's a material hazard not typical of trees generally; it interferes with utility service; the city finds it dead, significantly diseased, severely injured or in danger of falling; it's one of the listed problem species (Ailanthus, Bradford pear, Japanese black pine, Leyland cypress, Norway maple); or it's under 8 inches and replaced.
• Exemptions. Utility work in its own easements (not heritage trees), work needed to keep legally required access, and trees damaged beyond saving by weather, insects, disease or fire, or in immediate peril, as the city determines.
• Fees. $25 per tree, plus $100 for a 16- to 24-inch trunk or $300 above 24 inches. The fee is waived for a tree the city determines is dead. Permits last six months (Chapter 253, checked Nov 9, 2026).
• Paperwork. The 2025 application form says no tree permit will be processed without a tree site plan.

The city arborist answers at 302-227-6181, ext. 207, but the trees page says the arborist can't evaluate trees on private property or recommend a contractor. Pruning private trees is left to owners; pruning or planting in city rights-of-way needs the city's permission (checked Nov 9, 2026).

Dewey Beach

Dewey Beach's Chapter 173 measures trees by circumference, one foot above the ground. A tree under 20 inches around can be removed without a permit; one 20 inches or more needs a permit from the building official. A permit can be issued when the tree is under 40 inches around and shorter than 25 feet, when removal protects people or property, when the tree is unlikely to survive, or when it stands in the footprint of new construction. The two middle reasons need a signed arborist's statement (checked Nov 9, 2026).

Some removals carry a replacement: a native tree at least 15 inches around and 12 feet tall, planted within 90 days. All pruning and reduction needs a permit, which the town doesn't charge for, and topping is prohibited. Improper removal brings a $3,000 penalty plus a replacement tree, and the minimum for any violation is $500 (Chapter 173, checked Nov 9, 2026). In a storm emergency, the owner notifies the building official and may remove the threatening tree or part of it.

Lewes

Lewes's tree rules sit in its zoning chapter and deal with new building. Section 197-78.1, adopted November 13, 2023, requires at least one tree for every 2,500 square feet of land on subdivisions, site plans and new homes; existing trees count, trees in the right-of-way don't, renovations and additions are exempt, and invasive species can't be planted to meet it (checked Nov 9, 2026). Section 197-78.2 protects kept trees during construction with a fence at the dripline and bans parking, storage, grading and trenching inside it.

Neither section creates a permit for taking a tree off an existing home lot, and no other Lewes removal permit for home lots turned up in the pages read for this site (checked Nov 9, 2026). Call City Hall to confirm before taking down a large tree near the street, and remember that Lewes power lines belong to the Lewes Board of Public Works, (302) 645-6228.

Milton, Georgetown and Millsboro

• Milton. Cape Gazette reporting on the planning commission describes the town's tree rules as scattered through its land-use code, with subdivisions expected to preserve natural features, including trees, whenever possible. No home-lot removal permit turned up (checked Nov 9, 2026). Town Hall: 115 Federal Street, (302) 684-4110.
• Georgetown. No tree removal rule for home lots turned up in the town code pages read for this site. Its yard waste section (185-3.1) collects sticks and trimmings tied in bundles of no more than 4 feet long, 36 inches across and 50 pounds, scheduled by calling Public Works (checked Nov 9, 2026). Town: 37 The Circle, (302) 856-7391.
• Millsboro. The town code prohibits breaking, cutting, injuring or destroying trees and shrubs planted along town streets. No home-lot removal permit turned up (checked Nov 9, 2026).

Trees along state roads

DelDOT is responsible for about 89 percent of Delaware's roads, by its own 2014 count, though not private subdivision streets or roads a town maintains. Title 17, section 525 of the Delaware Code gives the department authority to remove or trim vegetation in its rights-of-way and sets a clear zone 10 feet from the edge of pavement on most roads, or 7 feet on interior subdivision streets (or to the far edge of an adjacent sidewalk, if that's shorter). DelDOT's permit system lists tree trimming under its "Safety" permit type. The South District office is at 23697 DuPont Boulevard, Georgetown, (302) 853-1340 (checked Nov 9, 2026).

An older statute, section 513, says hedges along public roads must be trimmed at least once a year and kept to 4½ feet, with clippings cleared from the road within two weeks (checked Nov 9, 2026). Ask DelDOT how it applies before you plant or keep a tall screen at the road edge.

To report a tree lying across a state road, call DelDOT's Transportation Management Center at 302-659-4600, or #77 from a cell phone (checked Nov 9, 2026).

Trees near power lines

Delmarva Power's customer handbook says to keep yourself, ladders and tools at least 10 feet from power lines and to call the company at 800-898-8042 before doing work within 10 feet of one. Delaware Electric Cooperative, which serves most rural areas of Kent and Sussex, asks members to plant trees at least 25 feet from overhead lines and taller-growing trees at least 40 feet away; outages go to 855-332-9090. Lewes's utility is the Board of Public Works (checked Nov 9, 2026).

Invasive trees

Callery pear, the species behind Bradford pear, is on Delaware's Invasive Plant List. Under Title 3, section 2903 of the Delaware Code, nobody may import, buy, sell, transport, distribute or propagate a listed plant without the Agriculture Secretary's written approval, and section 2906 sets a civil penalty of $50 to $500 for each occurrence (checked Nov 9, 2026). The law doesn't require homeowners to remove a pear they already have.

Burning rules

Burning is governed statewide by DNREC, and the limits are tight (checked Nov 9, 2026):

• Never burned. Garbage, leaves and grass clippings, and material from land clearing, except for agriculture.
• What a homeowner may burn. Cut or fallen branches, limbs and shrubbery from their own property, and nothing brought from elsewhere.
• When. October 1 through April 30 only, between 8 a.m. and 4 p.m. Most open burning is banned May 1 through September 30.
• How much. No more than 27 cubic feet at a time, kept as far as practicable from neighboring property.
• Notice. Call the Sussex County fire board at 302-856-6306 before lighting.
• Bans. No burning on Air Quality Action Days, during a State Fire Marshal ban, or under a National Weather Service red flag warning.

A whole tree's brush won't fit that pattern, which is why most removals end with chipping or hauling.

Yard waste drop-off

DNREC's drop-off list states that yard waste is banned from all Delaware landfills. The Delaware Solid Waste Authority takes it separately, for a fee, and defines yard waste to include tree limbs up to 4 inches in diameter (checked Nov 9, 2026). Its Sussex County sites:

DNREC's list also includes private mulch and landscape yards, some taking stumps and logs, and notes that the list isn't exhaustive or an endorsement.

Town pickup

• Rehoboth Beach collects yard waste citywide every other Wednesday, in bundles tied with non-plastic twine, no longer than 4 feet, no bigger than 2 by 2 feet and no heavier than 40 pounds. Limbs and brush go out in arm-length bundles during the fall leaf season, which runs from the first week of October to the second Friday in May. Residents can also use the city drop-off on Oyster House Road, Monday, Friday or Saturday, 9 a.m. to 1 p.m., with proof of address. The city doesn't collect construction wood or debris. Questions: 302-227-2637 (checked Nov 9, 2026).
• Georgetown picks up bundled limbs and trimmings when residents call Public Works, under the size limits above (checked Nov 9, 2026).
• Milton lists yard waste pickup among its town services, but its page gives no schedule; call Town Hall at (302) 684-4110 for the current rules (checked Nov 9, 2026).

None of these pages promises to take a tree crew's full load. Put the brush plan in the contractor's price.

Before any digging

Stump grinding counts as digging. Miss Utility of Delmarva says Delaware notice is due at least 2 working days and no more than 10 working days before excavation, whatever the depth (checked Nov 9, 2026). Call 811 or 1-800-257-7777, or file online. Private lines such as wells, septic systems, sprinklers and the water line from the meter to the house aren't marked. See stump grinding.

Questions about the rules

Is a permit required to take down a yard tree in Sussex County?

Outside town limits, none was found for an existing home lot. In Rehoboth Beach and Dewey Beach, yes for most sizable trees. Lewes, Milton, Georgetown and Millsboro showed none for home lots in the pages read for this site (checked Nov 9, 2026).

Can I burn leaves?

No. Delaware never allows leaves or grass clippings to be burned (DNREC, checked Nov 9, 2026).

Can the tree contractor burn the brush at my house?

DNREC's homeowner allowance covers branches from your own property, 27 cubic feet at a time, October through April, after notifying the fire board (checked Nov 9, 2026). Ask how the contractor plans to deal with the rest.

Does the county's forest ordinance stop me from clearing trees for an addition?

It's aimed at new subdivision applications, according to WHYY's report on the vote (checked Nov 9, 2026). Ask Planning and Zoning about your parcel, and remember that a building project brings its own permits.

This site passes each request to one independent contractor who works in Sussex County. Permits, burn notices and disposal are part of the contractor's job and yours, not the site's.

• Tree removal
• Stump grinding
• Storm and emergency removal
• Hiring a tree service

• WHYY, Sussex County forest preservation law, September 4, 2026; Sussex County Planning and Zoning. Checked Nov 9, 2026.
• City of Rehoboth Beach, Trees, Trash Collection and Yard Waste, Code Chapter 253 and 2025 private property tree removal permit application. Checked Nov 9, 2026.
• Town of Dewey Beach Code Chapter 173 (amended February 17, 2023). Checked Nov 9, 2026.
• City of Lewes, Ordinance 12-23, §197-78.1, and Ordinance 17-23, §197-78.2 construction period tree protection. Checked Nov 9, 2026.
• Cape Gazette, "Milton officials look at strengthening tree regulations" (no publication date shown on the article); Town of Milton yard waste page; Town of Georgetown Code §185-3.1 and March 2026 storm debris notice; Town of Millsboro Code. Checked Nov 9, 2026.
• DelDOT blog, January 21, 2014; Delaware Code Title 17, §§513 and 525; DelDOT permit FAQs and Report Road Condition page. Checked Nov 9, 2026.
• Delmarva Power customer handbook; Delaware Electric Cooperative; Lewes Board of Public Works. Checked Nov 9, 2026.
• Delaware Code Title 3, Chapter 29 (§§2903 and 2906); 3 DE Admin. Code 806, Invasive Plant List. Checked Nov 9, 2026.
• DNREC, Open Burning (updated June 26, 2026) and Residential Open Burning; DNREC, yard waste drop-off sites; Delaware Solid Waste Authority yard waste page. Checked Nov 9, 2026.
• Miss Utility of Delmarva, homeowner page. Checked Nov 9, 2026.