Can you keep backyard chickens in Delaware?
Keep live poultry in Delaware, even a non-commercial flock? The location must be registered with the Delaware Department of Agriculture (3 DE Admin. Code 901, s. 4.1). Local zoning may also apply.
Read from 9 official sources38 passages quotedChecked October 24, 2026
At a glance
Registering your flock
Where hens can live
Bird-flu housing orders
Welfare rules
Who decides where hens can live
The state law we read gives a named local body its own powers over where hens can live. What the checked sources say:
- The legislative body of a city or incorporated town may regulate and restrict the height, number of stories and size of buildings, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes.
- New Castle, Kent and Sussex counties may regulate the uses of land for trade, industry, residence and other similar purposes in the county areas their sections name: in New Castle and Kent, land outside incorporated municipalities (in Kent, also municipalities without zoning provisions); in Sussex, land outside city or town limits unless a city or town asks to be included.
No statewide permission or prohibition on keeping chickens is established by this finding. Your city or incorporated town, or New Castle, Kent or Sussex County in the areas the county statutes name, may zone land use, so check with them. This page names the state laws, not their own ordinances, and doesn't cover HOA, rooster or setback rules.
The law's own words are quoted under state rules on keeping poultry below.
How to check: Look up the local rules where you live (the ordinances, bylaws or zoning of the body named here), or ask that office, before you get hens.
A sourced reading of Delaware's state law, not legal advice. Local ordinances and zoning, HOA rules, and any local rooster or coop limits aren't covered here yet: check your local code before you get hens.
Keeping your flock
These findings cover the national or state scope stated below. They do not determine whether chickens are allowed at a particular home. City zoning, property restrictions and other local rules are outside this research.
Registering as a poultry keeper
Rule identified for the scope below
Jurisdiction: Delaware
Applies to: Anyone who keeps live poultry at a location in Delaware, commercial or non-commercial, under the Delaware Department of Agriculture’s Poultry Disease Prevention Regulations, 3 DE Admin. Code 901, section 4.0.
Outside this finding's scope
- This finding does not give permission to keep birds at a property; local rules may also apply.
What the checked sources say
- The Delaware Department of Agriculture (DDA) requires the registration of all premises in Delaware where live poultry is kept, so that it can quickly tell all poultry producers about a possible or existing disease threat. Producers include both commercial and non-commercial poultry keepers, and poultry means domesticated fowl, including chickens, turkeys, ostriches, emus, rheas, cassowaries, waterfowl, game birds, doves and pigeons.
- Register on DDA’s form, which asks at least for your name, address, telephone number and email, and the general purpose for keeping the birds (hobby, show, own consumption, commercial, eventual sale and so on), among other items, and return it to DDA.
Thresholds
- No minimum flock size appears in 3 DE Admin. Code 901, s. 4.1; it covers all premises where live poultry is kept.
Authority: Delaware Department of Agriculture (DDA)
Fee: Not established from the sources checked.
The official wording
4.1 In order to be able to quickly notify all poultry producers in the state of a potential or existing disease threat, DDA requires the registration of all premises in Delaware where live poultry is kept.
“Poultry Producing Premises” means any location in Delaware where live poultry is kept.
3 DE Admin. Code 901, s. 3.0, "Poultry Producing Premises" · Checked
“Poultry Producer” means any person who owns or operates a poultry producing premises and who grows, raises, feeds, exhibits, owns or produces poultry in Delaware. Poultry producer includes both commercial and non-commercial poultry.
"Poultry" means domesticated fowl, including chickens, turkeys, ostriches, emus, rheas, cassowaries, waterfowl, game birds, doves and pigeons.
3 DE Admin. Code 901, s. 3.0, "Poultry" · Checked
4.2 The registration form, available from DDA, shall include at a minimum the following information: 4.2.1 Name; 4.2.2 Address; 4.2.3 Telephone number and email address of owner/producer;
3 DE Admin. Code 901, s. 4.2.1-4.2.3 · Checked
4.2.6 The general purpose for which they are kept (hobby, show, own consumption, commercial, eventual sale, etc.).
3 DE Admin. Code 901, s. 4.2.6 · Checked
4.3 Forms will be provided by DDA and when completed, must be returned to that agency.
The Delaware Department of Agriculture requires the registration of all locations where live poultry is kept.
Bird-flu housing orders
Current status needs rechecking
Check the official current-status pageOrders can change between checks. A missed check or an expired order does not establish that no order applies.
Housing-order finding as checked on 2026-10-24
The scope and conditions below are a dated record, not confirmation of today's position.
Conditions apply to this finding
Uses housing orders in this scope: Yes, according to the checked evidence, within the limits listed under “Outside this finding’s scope” below.
Jurisdiction: Delaware
Applies to: The Delaware Department of Agriculture’s quarantine and care-measure powers for diseases of domestic animals under 3 Del. C. s. 7101(a), as applied to poultry by the Poultry Disease Prevention Regulations (3 DE Admin. Code 901), which are written under that section.
Outside this finding's scope
- These powers do not in terms require birds to be kept indoors, and this finding does not establish that any quarantine or order applies now.
What the checked sources say
- DDA must protect the health of the State’s domestic animals and may set, enforce and regulate quarantine and other measures on the movement and care of animals and their products, disinfection, and destruction of animals as it considers necessary. For any contagious disease, it may quarantine the entire herd containing a suspected or diseased animal.
- Under DDA’s poultry regulation, poultry taken out of the state for sale or change of ownership and brought back into Delaware is prohibited and will result in quarantine and possible destruction of the entire flock. Violating a DDA quarantine order carries a civil penalty of $1,000 to $5,000 per proven violation.
- As checked on 24 October 2026, DDA’s avian influenza page said backyard flock owners who notice signs of HPAI should email the Delaware Poultry Health Hotline at poultry.health@delaware.gov or call 302-698-4507, giving contact details, flock size, location and concerns.
- Current mandatory housing status remains unconfirmed.
- Checked
- Recheck due
Historical evidence, as checked
These quotations record what was checked on the dates shown. They do not confirm an order's current status.
(a) The Department of Agriculture shall protect the health of the domestic animals of the State,
For these purposes it may establish, maintain, enforce and regulate such quarantine and other measures relating to the movement and care of animals and their products, the disinfection of suspected localities and articles and the destruction of animals, as it deems necessary,
3 Del. C. s. 7101(a), second sentence · Checked
In the case of any contagious disease, the Department or its authorized agents may put under quarantine the entire herd containing the suspected or diseased animal or animals.
3 Del. C. s. 7101(a), last sentence · Checked
This regulation is written under the authority of 3 Del.C. Ch. 63 and Ch. 71, and §§6301 and 7101.
3 DE Admin. Code 901, s. 1.0 · Checked
5.1.5 Poultry transported out of the state for the purpose of sale or change of ownership and brought back into Delaware is prohibited and will result in the quarantine and possible destruction of the entire flock
3 DE Admin. Code 901, s. 5.1.5 · Checked
12.2 It shall be unlawful for any person to violate a quarantine order issued by the DDA and will subject the violator to a civil penalty of no less than $1,000 nor more than $5,000 per proven violation.
3 DE Admin. Code 901, s. 12.2 · Checked
Delaware backyard flock owners who notice any of the signs of HPAI in their flock should email the Delaware Poultry Health Hotline at poultry.health@delaware.gov or call 302-698-4507 and provide your contact information, size of flock, location, and concerns.
Small-flock welfare minimums
Rule identified for the scope below
Jurisdiction: Delaware
Applies to: Anyone in Delaware, under the cruelty to animals statute, 11 Del. C. s. 1325; for this section, animal does not include fish, crustacea or molluska.
Outside this finding's scope
- The bar on cruel or unnecessary killing or injuring does not apply to killing an animal normally or commonly raised as food for human consumption, provided the killing is not cruel. The mistreatment, neglect and killing paragraphs do not apply to accepted veterinary practices and scientific research, and the section does not apply to lawful hunting or trapping.
- This finding is not a complete welfare code and sets no numerical space standard.
What the checked sources say
- A person who intentionally or recklessly subjects an animal to cruel mistreatment, or an animal in their custody to cruel neglect, is guilty of cruelty to animals. Cruel neglect includes neglect that causes an animal in one’s care pain or suffering and, for example, letting it live in unsanitary conditions; cruelty includes, for example, failing to feed it properly or give it proper shelter or veterinary care.
- Proper feed includes daily food and water of sufficient quality and quantity, and proper shelter includes adequate shelter from the weather, in each case to prevent unnecessary or unjustifiable physical pain or suffering.
- Cruelty to animals is a class A misdemeanor, unless the statute’s felony conditions apply.
The official wording
(2) “Animal” shall not include fish, crustacea or molluska.
11 Del. C. s. 1325(a)(2) · Checked
(5) “Cruel neglect” includes neglect of an animal, which is under the care and control of the neglector, whereby pain or suffering is caused to the animal or abandonment of any domesticated animal by its owner or custodian.
11 Del. C. s. 1325(a)(5), first sentence · Checked
By way of example, cruel neglect shall also include allowing an animal to live in unsanitary conditions,
11 Del. C. s. 1325(a)(5), second sentence, opening · Checked
and failure to feed properly or give proper shelter or veterinary care to an animal.
11 Del. C. s. 1325(a)(6), closing · Checked
(10) “Proper feed” includes providing each animal with daily food and water of sufficient quality and quantity to prevent unnecessary or unjustifiable physical pain or suffering by the animal.
11 Del. C. s. 1325(a)(10) · Checked
(11) “Proper shelter” includes providing each animal with adequate shelter from the weather elements as required to prevent unnecessary or unjustifiable physical pain or suffering by the animal.
11 Del. C. s. 1325(a)(11) · Checked
(b) A person is guilty of cruelty to animals when the person intentionally or recklessly: (1) Subjects any animal to cruel mistreatment; or (2) Subjects any animal in the person’s custody to cruel neglect; or
11 Del. C. s. 1325(b)(1)-(2) · Checked
Cruelty to animals is a class A misdemeanor, unless the person intentionally kills or causes serious injury to any animal in violation of paragraph (b)(4) of this section
This section does not apply to the killing of any animal normally or commonly raised as food for human consumption, provided that such killing is not cruel.
Paragraphs (b)(1), (2) and (4) of this section are inapplicable to accepted veterinary practices and activities carried on for scientific research.
(f) This section shall not apply to the lawful hunting or trapping of animals as provided by law.
11 Del. C. s. 1325(f) · Checked
National or state rules on keeping poultry
Conditions apply to this finding
Jurisdiction: Delaware
Applies to: Delaware cities’ and incorporated towns’ zoning power (22 Del. C. s. 301) and the zoning powers of New Castle, Kent and Sussex counties (9 Del. C. ss. 2601, 4901 and 6902), with the counties’ agricultural-use exclusions.
Outside this finding's scope
- No statewide permission or prohibition on keeping chickens is established by this finding. Your city or incorporated town, or New Castle, Kent or Sussex County in the areas the county statutes name, may zone land use, so check with them. This page names the state laws, not their own ordinances, and doesn't cover HOA, rooster or setback rules.
- Each county chapter lists conditions under which land is deemed devoted to agricultural use; whether a backyard flock meets them was not established.
What the checked sources say
- The legislative body of a city or incorporated town may regulate and restrict the height, number of stories and size of buildings, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes.
- New Castle, Kent and Sussex counties may regulate the uses of land for trade, industry, residence and other similar purposes in the county areas their sections name: in New Castle and Kent, land outside incorporated municipalities (in Kent, also municipalities without zoning provisions); in Sussex, land outside city or town limits unless a city or town asks to be included.
- In each county chapter, those regulations do not apply to land, buildings, greenhouses or other structures devoted, or proposed to be devoted, to agricultural use.
The official wording
the legislative body of cities and incorporated towns may regulate and restrict the height, number of stories and size of buildings and other structures,
22 Del. C. s. 301, opening · Checked
the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes.
22 Del. C. s. 301, closing · Checked
and the uses of land for trade, industry, residence, parking, recreation, public activities, water supply conservation, soil conservation or other similar purposes, in any portion or portions of New Castle County which lie outside of incorporated municipalities;
and the uses of land for trade, industry, residence, parking, recreation, public activities, water supply conservation, soil conservation, or other similar purposes, in any portion or portions of Kent County which lie outside of incorporated municipalities, or incorporated municipalities without zoning provisions,
and the uses of land for trade, industry, residence, recreation, public activities, water supply conservation, soil conservation or other similar purposes,
in that portion of Sussex County which is not included within the corporate limits of any city or town, unless any territory within such corporate limits is included upon request made by the governing body or authority of such city or town,
(b) Notwithstanding subsection (a) of this section, no such regulation or regulations shall apply to any land, building, greenhouse or other structure proposed to be devoted to any agricultural use or which is devoted at the time of such proposal to agricultural use
(b) Notwithstanding subsection (a) of this section, no such regulation or regulations shall apply to any land, building, greenhouse or other structure proposed to be devoted to any agricultural use, or which is devoted at the time of such proposal to agricultural use,
(b) Notwithstanding subsection (a) of this section, no such regulation or regulations shall apply to any land, building, greenhouse or other structure proposed to be devoted to any agricultural use, or which is devoted at the time of such proposal to agricultural use,
For the purposes of this subsection, any land, building, greenhouse or structure shall be deemed to be devoted to agricultural use if:
9 Del. C. s. 2601(b), second sentence · Checked
For the purposes of this subsection, any land, building, greenhouse or structure shall be deemed to be devoted to agricultural use if:
9 Del. C. s. 4901(b), second sentence · Checked
For the purposes of this subsection, any land, building, greenhouse or structure shall be deemed to be devoted to agricultural use if:
9 Del. C. s. 6902(b), second sentence · Checked
Bird flu right now? PoultryPal's bird-flu tracker for Delaware has the latest we've checked.
Next door
Every state on the map →Common questions
- Do I have to register backyard chickens in Delaware?
- Registration: required. The finding covers: Anyone who keeps live poultry at a location in Delaware, commercial or non-commercial, under the Delaware Department of Agriculture’s Poultry Disease Prevention Regulations, 3 DE Admin. Code 901, section 4.0. No minimum flock size appears in 3 DE Admin. Code 901, s. 4.1; it covers all premises where live poultry is kept. Outside this finding's scope: This finding does not give permission to keep birds at a property; local rules may also apply. Authority: Delaware Department of Agriculture (DDA).
- Can I keep chickens in my backyard in Delaware?
- The state law we read gives a named local body its own powers over where hens can live. The legislative body of a city or incorporated town may regulate and restrict the height, number of stories and size of buildings, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes. New Castle, Kent and Sussex counties may regulate the uses of land for trade, industry, residence and other similar purposes in the county areas their sections name: in New Castle and Kent, land outside incorporated municipalities (in Kent, also municipalities without zoning provisions); in Sussex, land outside city or town limits unless a city or town asks to be included. No statewide permission or prohibition on keeping chickens is established by this finding. Your city or incorporated town, or New Castle, Kent or Sussex County in the areas the county statutes name, may zone land use, so check with them. This page names the state laws, not their own ordinances, and doesn't cover HOA, rooster or setback rules. Look up the local rules where you live (the ordinances, bylaws or zoning of the body named here), or ask that office, before you get hens.
- Do I have to keep my hens indoors for bird flu in Delaware?
- Housing orders come and go, so we never show one as current. This page links the official status page to check today. PoultryPal's bird-flu tracker page for Delaware has the latest we've checked.
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