County Governments Generally

Del. Code tit. 9, ch. 3
in effect

Del. Code tit. 9, § 301 Composition of county governments; change of terminology as to New Castle County.

(a) There shall be a county government in Kent County which shall consist of not less than 3 members. (b) The government of New Castle County shall be as provided in Chapter 11 of this title. Wherever the words “county government” are used in this title, the words “county council” should be substituted as to New Castle County except in §§ 1501 and 1521(b) of this title. Wherever the words “officials of the county governing body” are used in this title, the words “county councilperson” should be substituted as to New Castle County. (c) The governing body of Kent and Sussex Counties, whether Levy Court, or County Council, unless otherwise indicated, shall be referred to in Part I of this title as “the county government.”

Del. Code tit. 9, § 302 Officers and employees holding other offices.

(a) No receiver of taxes and county treasurer or sheriff shall, during a term of office, be a member of the county government. (b) No member of the county government shall, during that member’s term of office, be appointed or elected a collector of a state or county tax, or receiver of taxes and county treasurer. (c) No officer or employee of the New Castle County government shall hold more than 1 position of county office or employment from which that officer or employee derives compensation. (d) No officer or employee of the Sussex County government shall hold more than 1 position of county office or employment from which that officer or employee derives compensation. (e) No elected New Castle County official shall hold any other elected position, be employed by the County in any other capacity, or be on a board, commission or agency advising the County. (f) No officer or employee of the Kent County government shall hold more than 1 position of county office or employment from which that officer or employee derives compensation. (g) No county government shall require a former employee of a county, who later is elected or appointed to a statutorily defined county office, to give up the former employee’s right to receive vested pension benefits from the county, except that the former employee shall be ineligible for additional years of service or additional vested pension benefits, unless the former employee chooses to forego receipt of the former employee’s retirement benefits during the term of elected or appointed office.

Del. Code tit. 9, § 303 Vacancies in county government.

(a) In case of a vacancy in the county government, for any cause, the members of that county government may, by a majority vote of the remaining members, fill that vacancy temporarily pending a special election to fill the vacancy. (b) The special election shall be held within 6 months of the occurring of the vacancy and shall be held in the same manner as a regular election for a full term would be. (c) The person so elected shall hold office for the duration of the unexpired term.

Del. Code tit. 9, § 304 County government; supplies for county officers.

Each county government shall furnish to county officers necessary record books, cases, seals and supplies for the use of their respective offices.

Del. Code tit. 9, § 305 Capitation tax.

(a) (1) The government of Kent County annually at a meeting held during the month of April may fix and determine the amount of the capitation tax which the Board of Assessment may assess for the following year. (2) The government of Sussex County annually at a meeting held during the month of February shall fix and determine the amount of capitation tax which the Board of Assessment shall assess for the following year. (b) (1) In Kent County such capitation tax if so fixed and determined shall in no case exceed the sum of $5.00 and shall be uniform throughout the County if levied and assessed. (2) In Sussex County such capitation tax if so fixed and determined shall in no case exceed the sum of $10 and shall be uniform throughout the County if levied and assessed. (c) Such capitation tax shall be levied upon each citizen of 21 years or older, residing in the county. (d) In New Castle County no capitation tax shall be levied or collected.

Del. Code tit. 9, § 306 Agritourism activities on farms.

(a) “Agritourism activity” means any activity that allows members of the general public to view or enjoy rural activities, including: farming; ranching; wineries; historical, cultural or harvest-your-own activities; guided or self-guided tours; bed and breakfast accommodations; or temporary outdoor recreation activities. “Agritourism activity” includes, but is not limited to: planting, cultivation, irrigation or harvesting of crops; acceptable practices of animal husbandry; barn parties or farm festivals; livestock activities, not to include rodeos; hunting; fishing; swimming; boating, canoeing or kayaking; temporary camping; picnicking; hiking; diving; water skiing or tubing; paintball; and nonmotorized freestyle, mountain or off-road bicycling. An activity is an agritourism activity whether or not the participant paid to participate in the activity. (b) Agritourism activities may be allowed statewide on farms of 10 or more acres subject to the provisions of this title adopted for each county; provided, however, that except for the “related uses” specified in § 909 of Title 3, no agritourism activities shall be permitted on farmlands which are subject to the Agricultural Lands Preservation and Forestland Preservation programs established in Chapter 9 of Title 3.

Del. Code tit. 9, § 307 Woods Haven School for Girls; appropriations [Repealed].

Repealed by 64 Del. Laws, c. 73, § 1, effective June 27, 1983.

Del. Code tit. 9, § 308 Children’s Bureau of Delaware; appropriations.

The county governments of Kent County, of New Castle County and of Sussex County, shall have authority to make an appropriation, or appropriations, annually to the Children’s Bureau of Delaware in aid of the objects of the corporation.

Del. Code tit. 9, § 309 Ambulance, fire protection and police services; appropriations.

(a) The county governments of Kent County, of New Castle County and of Sussex County may appropriate annually the sum of $750 to each fire company in their respective counties outside the limits of the City of Wilmington furnishing an ambulance for the benefit of the residents thereof. The sum appropriated shall be used for the maintenance of ambulance service. (b) Where an area of real property owned by a county is bounded by a wall, fence or other structure which has gates or other lockable entrances, the county shall notify those public agencies within the county which provide ambulance, fire and police services of the location of such gates and entrances. A key to each such enclosed area shall be provided by the county to the ambulance service, fire company and police department which are closest to the enclosed area. For purposes of this subsection, the words “real property” shall include all unimproved land only and shall not include buildings.

Del. Code tit. 9, § 310 Parking spaces for use by persons with disabilities.

(a) The county government of each of the 3 Delaware counties and the municipal government of each incorporated municipality within this State shall adopt regulations or ordinances regarding the duty of individuals and artificial entities to construct and maintain accessible parking spaces consistent with § 4183A of Title 21. (b) The county government of each of the 3 Delaware counties and the municipal government of each incorporated municipality within this State shall adopt regulations or ordinances requiring that no new accessible parking space be constructed and no existing accessible parking space be installed, restriped, repainted, resurfaced, or otherwise altered until the county government or municipality issues a permit as required by § 4183A of Title 21. Upon completion, the entity issuing the permit shall confirm compliance as set forth in § 4183A(d) of Title 21. (c) The regulations or ordinances adopted pursuant to subsections (a) and (b) of this section must include an enforcement provision, a penalty provision, and a provision which requires an enforcement officer to first issue a written warning to an individual or artificial entity who is required to obtain a permit and to construct and maintain accessible parking spaces, but has failed to do so, consistent with the obligations under § 4183A of Title 21. (d) To comply with this section, a municipality may elect to adopt the signage regulations or ordinances of the county government of the county in which the municipality is located. A municipality which elects to do so may also adopt additional regulations or ordinances as required by its own particular conditions. Whether a municipality adopts its own signage regulations or ordinances, or adopts the regulations or ordinances of the county along with additional regulations or ordinances to meet particular conditions, the municipality’s adopted regulations or ordinances may not be less restrictive than those of the county.

Del. Code tit. 9, § 311 Insurance and workmen’s compensation for county employees.

(a) The county governments of Kent County, of New Castle County and of Sussex County may enter into contracts with some reliable insurance company or companies doing business in the State to insure the employees or appointed officers of the counties against injury or death incurred by such employees or appointed officers while performing their duties as employees or appointed officers of the counties. (b) The county governments of Kent County, of New Castle County and of Sussex County may at any time elect to be bound by the compensatory provisions of the Delaware Workmen’s Compensation Laws, and the county governments shall be the sole judges of the kind of insurance and the amount thereof which will best execute the purposes and provisions of this section.

Del. Code tit. 9, § 312 Continuance of system of personnel administration.

If any county government has adopted or shall adopt a system of personnel administration based on individual merit, said system shall be regarded as repealing any provisions of this title which may be inconsistent therewith.

Del. Code tit. 9, § 313 Use of mobile homes on farms.

Every owner of a farm of less than 50 acres shall be permitted to have 1 mobile home located on said farm and every owner of a farm of 50 acres or more shall be permitted to have 2 mobile homes located on said farm. Such mobile homes shall be used and inhabited by any person or persons so permitted by the owner.

Del. Code tit. 9, § 314 Award of contracts for public work or goods.

(a) No elected official of the county governing body shall vote for or consent to the doing of any work and labor for any county or county government, or vote for or consent to the furnishing, having or using by or for the account of any county or county government of any merchandise, tools, implements, machinery or materials whatsoever, where the cost in any particular case will probably exceed the contracting thresholds set forth by Delaware’s Contracting and Purchasing Advisory Council pursuant to § 6913(d)(4) of Title 29 or otherwise set forth by state law, whether the work, labor, merchandise, tools, implements, machinery or materials shall be required for new work or for repairs upon old work, unless and until the county government shall publicly invite sealed proposals for the doing of such work and furnishing of such merchandise, tools, implements, machinery and materials, and give the contract resulting therefrom and therefor to the lowest responsible bidder or bidders. (b) Bids so obtained shall be opened publicly in the presence of bidders, or their representatives, who may desire to attend. (c) The county government may require of such bidder or bidders security for the faithful performance of the contract. (d) Notwithstanding this section or any other law, each county government may contract for engineering, legal or other professional services requiring special skills or training without requesting competitive bids and without awarding such contract to the lowest bidder. (e) This section shall not apply to the purchase of printed matter for public libraries. Printed matter shall be defined, for purposes of this section, as materials typically made available to the public by public libraries and shall include, but not be limited to, books and magazines. (f) [Repealed.] (g) Notwithstanding this section or any other law, each county government has the same power and authority with respect to sole source procurement, emergency needs, contract performance, multiple source contracting granted to the State under Chapter 69 of Title 29.

Del. Code tit. 9, § 315 Records open to inspection.

The accounts, records, documents, papers and writings which in anywise pertain or relate to the financial accounts of the counties shall be open to inspection by any taxpayer of the county in which such accounts, records, documents, papers and writings are located.

Del. Code tit. 9, § 316 Fines and forfeitures payable to county; neglect to pay over; penalty.

(a) All fines and forfeitures not especially otherwise appropriated shall belong to the county in which such fines or forfeitures may be imposed or incurred. (b) They shall be paid to the treasurer of the county or the director of finance by the officer collecting or chargeable with them. (c) If such officer neglects this duty for 3 months after the officer receives or becomes chargeable with any fine or forfeiture, the officer shall pay in addition to the amount thereof the interest at the rate of 20 percent per annum, to be computed from the time the fine or forfeiture was received or the officer became chargeable therewith. (d) The whole may be recovered in an action in the name of the State for the use of the county to which the same may belong.

Del. Code tit. 9, § 317 Title to real estate owned by county.

(a) Title to land acquired by a county shall be taken and held in the name of the county wherein the land is situated. Title to land held by a county as heretofore provided by this section is hereby changed to the name of the county. (b) Title to county land may be conveyed by the county pursuant to an ordinance, or a resolution where ordinances are not provided for, duly advertised and adopted by the county authorizing the conveyance of the specific land, irrespective of whether title was acquired as heretofore provided by this section.

Del. Code tit. 9, § 318 Legal proceedings.

All suits, actions or proceedings brought by the government of Kent County, in and about the administration of the government of the county, shall be in the name of the government of Kent County. All such suits, actions or proceedings brought by the government of New Castle County or the government of Sussex County shall be brought in the name of the county in which such suit, action or proceedings arise.

Del. Code tit. 9, § 319 Review of comprehensive plans.

At least every 5 years a county shall review its adopted comprehensive plan to determine if its provisions are still relevant given changing conditions in the county or in the surrounding areas. The adopted comprehensive plan shall be revised, updated and amended as necessary, and re-adopted at least every 10 years.

Del. Code tit. 9, § 320 Property tax credits for individuals with disabilities.

(a) The county government of New Castle County shall provide for an exemption to real property taxes for an individual with a disability as follows: (1) For an individual with a disability, an exemption that at least meets the exemption provided under § 14.06.303 of the New Castle County Code on August 30, 2017. (2) For an individual with a disability who became disabled as a result of service in and while in the service of any branch of the United States armed services, an additional exemption that at least meets the exemption provided under § 14.06.304 of the New Castle County Code on August 30, 2017. (b) The county government of Kent County shall provide for an exemption to real property taxes for an individual with a disability as follows: (1) For an individual with a disability, an exemption that at least meets the exemption provided under § 191-9 of the Kent County Code on August 30, 2017. (2) For an individual with a disability who incurred the disability as a result of and while in the service of any branch of the United States armed services, an additional exemption that at least meets the exemption provided under § 191-9 of the Kent County Code on August 30, 2017, for individuals who incurred their disability as a result of and while in the service of any branch of the United States armed services. (c) The county government of Sussex County shall provide for an exemption to real property taxes for an individual with a disability that at least meets the exemption provided under § 103-1 of the Sussex County Code on August 30, 2017. (d) For an individual with a disability to qualify for an exemption to real property taxes under this section, the individual must meet the qualifications established by the county government from which the individual is seeking the exemption. (e) Each county government may increase or expand exemptions to real property taxes for an individual with a disability.

Del. Code tit. 9, § 321 Notice of violation; manufactured home community.

If a county government finds a violation of a health or safety provision or requirement, adopted by the county government, in a manufactured home community, the county government must send a copy of the notice of the violation to all of the following: (1) The State Representatives and Senators in whose district the violation occurred. (2) The Department of Justice. (3) The Delaware Manufactured Home Relocation Authority.

Del. Code tit. 9, § 322 Composting.

(a) The composting of yard waste, food residuals, and other organic materials for commercial purposes must be allowed on private properties zoned for agricultural conservation, outside the growth zone, and consisting of 4 acres or more. (b) A county government may limit the square footage of activity allowed under subsection (a) of this section, but must allow for at least 5000 square feet.

Del. Code tit. 9, § 330 General powers and duties.

(a) The county government of each county shall: (1) Except as otherwise provided by law, have the direction, management and control of the business and finances of the respective counties; and (2) Have full and complete jurisdiction over all matters and things now or hereafter vested by law in the county governments of the respective counties, or in, or appertaining to, the office of the county governing officials of each county; and (3) Have and exercise every power, privilege, right and duty which belongs and appertains to the county governments of the respective counties, or to the office of the county governing officials of the county; and (4) Have the power and authority to impose and collect by ordinance a tax upon the transfer of real property situate within unincorporated areas of the county, subject to the conditions and limitations provided in § 8102 of this title. (b) The county governments of the several counties shall take care that: (1) The affairs of the respective counties are administered with efficiency and economy; and (2) The officers and employees of the counties, chosen and appointed by the county governments, shall faithfully perform the duties imposed upon them. (c) The county governments shall enact no law or regulation prohibiting, restricting or licensing the ownership, transfer, possession or transportation of firearms or components of firearms or ammunition except that the discharge of a firearm may be regulated; provided any law, ordinance or regulation incorporates the justification defenses as found in Title 11 of the Delaware Code. (d) Notwithstanding subsection (c) of this section, county governments may adopt ordinances regulating the possession of firearms, ammunition, components of firearms, or explosives in police stations and county buildings which contain all of the provisions contained in this subsection. Any ordinance adopted by a county government regulating possession of firearms, ammunition, components of firearms, or explosives in police stations or county buildings shall require that all areas where possession is restricted are clearly identified by a conspicuous sign posted at each entrance to the restricted areas. The sign may also specify that persons in violation may be denied entrance to the building or be ordered to leave the building. Any ordinance adopted by county governments relating to possession in police stations or county buildings shall also state that any person who immediately foregoes entry or immediately exits such building due to the possession of a firearm, ammunition, components of firearms, or explosives shall not be guilty of violating the ordinance. County governments may establish penalties for any intentional violation of such ordinance as deemed necessary to protect public safety. An ordinance adopted by the county government shall not prevent the following in county buildings or police stations: (1) Possession of firearms, components of firearms, and ammunition or explosives by law-enforcement officers; (2) Law-enforcement agencies receiving shipments or delivery of firearms, components of firearms, ammunition or explosives; (3) Law-enforcement agencies conducting firearms safety and training programs; (4) Law-enforcement agencies from conducting firearm or ammunition public safety programs, donation, amnesty, or any other similar programs in police stations or municipal buildings; (5) Compliance by persons subject to protection from abuse court orders; (6) Carrying firearms and ammunition by persons who hold a valid license pursuant to either § 1441 or § 1441A of Title 11 so long as the firearm remains concealed except for inadvertent display or for self-defense or defense of others; (7) Officers or employees of the United States duly authorized to carry a concealed firearm; (8) Agents, messengers and other employees of common carriers, banks, or business firms, whose duties require them to protect moneys, valuables and other property and are engaged in the lawful execution of such duties. (e) For the purposes of this section, “county building” means a building where a county government entity meets in its official capacity or containing the offices of elected officials and of public employees actively engaged in performing governmental business but excluding any parking facility; provided, however, that if such building is not a county-owned or -leased building, such building shall be considered a county building for the purposes of this section only during the time such government entity is meeting in or occupying such a building.

Del. Code tit. 9, § 331 Tie vote in election; appointment by Governor.

Should any 2 or more persons voted for as officials of the county governing body receive an equal and the highest number of votes cast at any election, the Superior Court, sitting as a board of canvass in the county in which the tie vote occurs, shall certify the fact to the Governor who shall forthwith appoint 1 of the candidates involved in the tie to be 1 of the county governing officials for the county. The person appointed shall hold the office for the term of 2 years from the first Tuesday in January then next ensuing.

Del. Code tit. 9, § 333 Oath of office.

The oath or affirmation of office to be taken by an elected official of the county governing body may be administered by the clerk of the peace or any such elected official and an entry thereof shall be made in the minutes of the county governing body.

Del. Code tit. 9, § 334 Organization meeting; election of president.

(a) The governing bodies of the respective counties shall meet for organization on the first Tuesday in January following the biennial general election, or on the date specified by ordinance in the respective county. (b) After taking the oath of office prescribed by the Constitution, each governing body shall elect 1 of its members to be president. In New Castle County the President of County Council shall be elected by a county wide ballot.

Del. Code tit. 9, § 336 Special meetings.

(a) Special meetings of any governing body may be held at the direction of its president or any 2 members. (b) The clerk of the peace shall notify each elected official of a county governing body of any special meeting. In New Castle County the Clerk of Council shall notify all members of County Council of any special meeting. (c) Special meetings shall be held at the usual place of meeting. Any lawful business may be transacted at a special meeting. In New Castle County special meetings may be held at any public location in New Castle County in accordance with Council rules.

Del. Code tit. 9, § 338 Adjournment.

Any governing body may adjourn from time to time as occasion shall require. If only 1 elected official attends at the time fixed for a meeting of the governing body, that elected official may adjourn the governing body. If no elected official attends, the clerk of the peace may adjourn the governing body.

Del. Code tit. 9, § 339 Rules.

The governing body of each county may make rules for its government not inconsistent with the Constitution and laws of the State.

Del. Code tit. 9, § 341 Bailiffs to governing body; constables.

The governing body in each county may select and require 2 constables of the county to attend its sittings, as bailiffs, who shall attend the same and obey all the reasonable requirements of the governing body under penalty of $10, to be recovered by indictment.

Del. Code tit. 9, § 342 Fiscal year for counties and county agencies.

(a) The fiscal year of the governing body of each county shall begin on July 1 of each calendar year and end on June 30 of the succeeding calendar year. (b) All county departments, bureaus, divisions, offices, boards, commissions, and other agencies, supported entirely or in part by the governing body of any county, shall have the same fiscal year as that of the governing body.

Del. Code tit. 9, § 343 Form of accounts and warrants.

The governing bodies may prescribe the form in which the several accounts to be rendered to them, shall be drawn and verified, and shall have power to determine the form of all warrants to be drawn in payment of demands.

Del. Code tit. 9, § 344 Rejection and forfeiture of assigned claims.

If it appears to the governing body that any demand presented to it for allowance has been assigned or contracted for, the governing body shall reject it and the same shall be forfeited.

Del. Code tit. 9, § 345 Dealing in county warrants by elected officials.

No elected official of a county governing body shall directly or indirectly cash, buy up, purchase or redeem any county warrant drawn in favor of any other person.

Del. Code tit. 9, § 346 Gifts or rebates; penalty.

Whoever, by special contract or otherwise, does or performs any work, labor or service of any kind for, or furnishes any merchandise, goods, printing, tools, implements, machinery or materials of any kind or description, to or for the use of any county or the governing body of any county or any elected official of any governing body in his or her official capacity, and directly or indirectly to any elected official of any county or to any other person whomsoever, gives, conveys, allows, offers or tenders any rebate, commission, profit, gift, emolument, rake-off or any pecuniary benefit whatsoever from the price of or on account or because of the doing or performing of such work, labor or service for any county, governing body or elected official thereof, or from the price of or on account or because of the furnishing of merchandise, goods, printing, tools, implements, machinery or materials of any kind or description to or for the use of any county, governing body or elected official thereof, shall be fined in such amount as is determined by the governing body, but not less than 3 times the amount of the price charged by the offending person for the work, labor, service, merchandise, goods, printing, tools, implements, machinery or materials so done or furnished by the offending person, and also shall be adjudged, deemed and held incapable of thereafter performing any service, or furnishing any material or merchandise whatsoever to, for or for the use of the counties, governing bodies or any elected official thereof, forever.

Del. Code tit. 9, § 347 Investigation; power to compel attendance of witnesses and to administer oaths.

(a) The county government may summon and compel the attendance of any witnesses deemed necessary by the elected officials of the county governing body to give information relative to their duties. (b) Any such elected official may administer oaths or affirmations to witnesses appearing before the governing body.

Del. Code tit. 9, § 348 Annual audit; qualifications and selection of auditors.

(a) The county government shall procure the services of 1 or more certified public accountants to audit the accounts of the county at the end of its fiscal year. (b) Every certified public accountant employed under subsection (a) of this section shall be certified under the laws of Delaware or under the laws of some state having substantially the same qualifications for the certification of public accountants as are required by the laws of Delaware. The county government shall contract with a certified public accountant or certified public accountants, after first giving notice by newspaper advertisement or otherwise of the contemplated employment, and shall thereafter select the lowest responsible bidder for the purpose of carrying out the requirements of this section. The county government may appropriate reasonable sums from the general funds of the county for the payments to the certified public accountants for auditing the county books.

Del. Code tit. 9, § 349 Public advertising and notices.

Notwithstanding any provision to the contrary, public advertising and notices by any county in the State of any nature may include use of the State’s “electronic procurement advertising system” required by § 6902(12) of Title 29 or other website allowing for the electronic posting of local government bid opportunities, and the website designed pursuant to §§ 10004(e)(5), 10115(b) and 10124(1) of Title 29.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title9/c003/sc01/index.htmlFetched: 10/4/2026