Enabling act · 2001
Construction fees in Delaware
This state has a general impact fee enabling act. Local governments here charge under a statewide statute, which means there are written limits on what can be charged, how it must be calculated and when it must be refunded.
Statutory citation
Del. Code Ann. tit. 29, §§ 9121-9125 (state and counties)
Your fee stack in Delaware
Answer four things and get the list of every body that can bill this project, what each one is allowed to charge for, and the rights your state's law gives you before you pay.
What Delaware says about your project
Delaware has an act on the books, but the national compilation records no eligible facility list and no planning or procedural requirements for it.
In practice that means the statute is a thin grant of authority. Ask the county what it believes the act lets it charge, and on what study.
What to do next in Delaware
- Confirm whether your parcel is in a city or unincorporated, then pull the taxing district list from the assessor's record. Why that list is the real fee list.
- Request the current adopted fee schedule and a written fee estimate for the address. The six-step sequence.
- Call each utility separately. Tap fees usually sit outside the act, and are often the largest line.
- Pay under protest if you intend to dispute anything at all. What that preserves.
Other states
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Read this before you rely on anything here.
Impact Fee Map describes who is legally allowed to charge new construction, for what, and what a fee payer's
rights are under state law. It does not publish fee amounts for any city, county or district, and it never will,
because no source keeps thirty-nine thousand local schedules current and a stale number is worse than none.
This is not legal advice, not a fee quote and not a substitute for the adopted fee schedule of the bodies with
jurisdiction over your parcel. Statutes change; verify against the current text and confirm every figure in
writing with the agency that will bill you.