9 Del. C. § 1101 § 1101

General powers

In Force
Verified 10/21/2026 · Next check 10/28/2026
effective 10/21/2026DelawareInspections, Registration & Licensing

Operative Text

9 Del. C. § 1101 § 1101
(a) Granted. — The Government of New Castle County as established by this chapter shall assume and have all powers which, under the Constitution of this State, it would be competent for the General Assembly to grant by specific enumeration, and which are not denied by statute, including, but not limited to, any powers conferred prior to May 26, 1965, by the General Assembly upon New Castle County, or upon the Levy Court of New Castle County, or upon the Levy Court Commissioners of New Castle County, or upon the officers or employees of New Castle County, or upon counties generally, or upon Levy Court Commissioners generally. This grant of power includes the power to fix the tax rate upon the assessed valuation of all real property in New Castle County subject to assessment by the County. This grant of power further includes the power to fix the fees of the Recorder of Deeds in New Castle County for services, any statute denying such right to the contrary notwithstanding. This grant of power further includes the power to impose a surcharge on any application for a building permit issued by New Castle County in an amount not to exceed .5% of the residential construction value and of the first million dollars of commercial construction value applicable to said building permit application, to provide funding for volunteer fire companies except that this surcharge shall not be added to building permits applied for by an organization exempt from tax under § 501(c)(3) of the federal Internal Revenue Code [26 U.S.C. § 501(c)(3)] which provides owner-occupied housing to low and moderate income households by rehabilitating residential properties and reselling said properties without profit, nor to the Delaware State Housing Authority nor to any applicant funded by the Delaware State Housing Authority. This grant of power does not include the power to enact private or civil law concerning civil relationships, except as incident to the exercise of an expressly granted power, and does not include the power to define and provide for the punishment of felonies. This grant of power shall also include the power to impose and collect by ordinance a tax upon the transfer of real property situate within the unincorporated areas of the County, subject to the conditions and limitations provided in § 8102 of this title.

(b) Construction. — The powers of New Castle County shall be construed liberally in favor of the County, and specific mention of particular powers in this title shall not be construed as limiting in any way the general powers stated herein.
Source: Legislative text reproduced verbatim
Plain English

Under 9 Del. C. § 1101, New Castle County is granted broad governmental authority encompassing virtually all powers the Delaware General Assembly could constitutionally delegate, unless specifically denied by statute. This includes the ability to set property tax rates, establish Recorder of Deeds fees, impose a building-permit surcharge of up to 0.5% of certain construction values to fund volunteer fire companies, and levy a real-property transfer tax in unincorporated areas. The provision expressly excludes the power to create private or civil law outside of incidental uses and the power to define or punish felonies, and it directs that the County's powers be interpreted broadly rather than narrowly.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Property owners and developers operating in New Castle County should be aware that 9 Del. C. § 1101 authorizes the County to impose a surcharge on building permit applications—up to 0.5% of residential construction value and of the first million dollars of commercial construction value—to support volunteer fire companies. Certain applicants, including qualifying § 501(c)(3) organizations providing owner-occupied housing to low- and moderate-income households and those funded by the Delaware State Housing Authority, are exempt from this surcharge. Compliant operators generally account for applicable County-imposed fees, tax rates, and surcharges when budgeting construction and property transfer transactions within New Castle County.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants in New Castle County may find it useful to understand that 9 Del. C. § 1101 establishes the broad legal foundation for the County's authority, including its power to set property tax rates and impose fees that can affect housing costs indirectly. Because this provision grants the County wide-ranging powers construed liberally in its favor, local ordinances and fees affecting rental housing generally derive their validity from this grant. Tenants who believe a County action exceeds these powers or improperly affects their housing situation may wish to consult a tenant-rights organization or legal aid provider familiar with New Castle County regulations.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 21, 2026
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References Out

Rules and statutes cited by this regulation

26 U.S.C. § 501
Not yet ingested
9 Del. C. § 8102
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References In

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Related Rules

§ 14.544
LICENSE REQUIREMENTS
§ 14.545
STANDARDS FOR HEALTH, SAFETY AND NUISANCE PREVENTION
§ 14.546
SANCTIONS AND PENALTIES

Source Information

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