Use Permits and Temporary Events

Temporary Outdoor Seating for food and drink establishments

New Castle County Government approved an ordinance on August 25, 2020 which allows Delaware food and drink establishments to apply for expanding their outdoor seating capacity in response to COVID-19 indoor limitations.   Plans for adding temporary outdoor seating capacity must consider local traffic patterns and noise ordinances, and boundaries must be clearly defined to prevent beverages from being carried offsite. Applicants that hold a liquor license must also have their plans reviewed by the Office of Alcoholic Beverage Control prior to receiving approval. All facilities, regardless of offering table-service or take-out, must continue to follow guidance as established in Delaware’s Recovery plan.

The Department of Land Use is currently accepting applications from restaurants that want to add temporary outdoor seating as part of their business recovery efforts. Applications will be processed as promptly as possible. Note: Temporary Outdoor Seating Use Permits cannot be processed through ePlans (please see submission details in the application below). For general questions, please email [email protected] or call (302) 395-5400.

Going Out of Business Sales

A Going Out of Business Sale Permit (PDF) is required if merchandise is being liquidated at prices below normal.

Temporary Events & Sales

  • Temporary special events are fairs, carnivals, and circuses involving tents, rides, food, and/or beverages.
  • Temporary miscellaneous sales involve the sale of Easter flowers, Mothers Day flowers, Christmas trees, etc.
  • Temporary outdoor sales involve the sale of store merchandise outside of a store.

Requirements & Information:

Use Permit Application
Use Permit Application (PDF) is required when applying for the following: 
Temporary/Construction Trailer, Manufactured Home in Manufactured Home Park, Certificate of Use, and Certificate of Agricultural Use.

Certificate of Use 

A Certificate of Use Permit (PDF) is required when there is a change in the business use of an existing structure.

Certificate of Agricultural Use

Certificate of Agricultural Use (PDF) may be issued for non-primary residence buildings utilized for agricultural purposes.

Manufactured/Modular Home / Construction Trailer

Temporary Trailer/Construction Trailer Permit Requirements (PDF)

Manufactured Home Permit Requirements (PDF) - These requirements apply to modular/manufactured homes located in Manufactured Home Parks and for modular/manufactured homes on agricultural land.

Manufactured Home Plan Review Checklist (PDF)

Mobile Home Class C Letter (for pre-existing mobile homes) (PDF)