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Kent County & New Castle County · DE · Municipal & Institutional division

Forestry mulching and land clearing in Smyrna, DE

Smyrna maps an Environmental Protection Overlay District that covers steep slopes, prime woodlands and flood-prone ground.

The short answer

Yes. Huntly Land Co. works in Smyrna, DE. Before clearing here, check whether the parcel sits in Smyrna's Environmental Protection Overlay District, which the zoning code applies to flood hazard areas, slopes of 15 percent and more, prime woodlands and visually sensitive ridges. Every job starts with a private site walk.

1Local rules

What the Smyrna code says

Smyrna covers about 6.4 square miles of land (US Census), roughly 40 miles from our Chadds Ford base. These are the town rules that most often shape a clearing, mulching or grading scope here, quoted from the code itself.

  1. 1.

    The Environmental Protection Overlay District

    Smyrna's zoning appendix sets an environmental protection overlay district (EPOD), shown on the official zoning map, to protect floodplains, flood-prone soils, mature woodlands, steep slopes, erodible soils and areas with a seasonal high water table within six inches of the surface. It applies to flood hazard and high groundwater areas, steep slopes of 15 to 25 percent and very steep slopes over 25 percent, prime woodlands and visually sensitive areas.

    Source: Smyrna Code, App. A Zoning

  2. 2.

    Prime woodlands and the 12-inch line

    The code defines prime woodlands as forest capability class I lands under the Delaware Department of Agriculture and any woodland whose canopy species exceed 12 inches in caliper. Plans must include a vegetation map showing wooded areas and locating every tree of 12 inches caliper or more, either individually or as tree masses.

    Source: Smyrna Code, App. A Zoning

  3. 3.

    Source water protection areas

    Subdivision and land development plans showing development or land disturbance are evaluated for source water protection areas, using maps kept at Town Hall and DNREC's Source Water Assessment and Protection Program overlays.

    Source: Smyrna Code, App. A Zoning

  4. 4.

    Conservation easements

    A permanent conservation easement protecting a woodland, wetland or stream corridor from removal of natural vegetation can earn a density bonus of one-half unit per acre, which is worth knowing before anyone clears a corridor that could be protected instead.

    Source: Smyrna Code, App. A Zoning

2Who reviews the work

Offices for a Smyrna site

Who reviews clearing work in Smyrna, DE
QuestionOffice
Sediment and stormwater / erosion reviewKent Conservation District, 1670 S. DuPont Highway, Dover (302-608-5370)
Town or city officeTown of Smyrna planning and zoning office
Delegated agency list (who reviews where)DNREC Sediment & Stormwater delegated agencies
Wetlands and waterwaysDNREC Wetlands and Waterways Section

Smyrna sits in both Kent and New Castle counties. DNREC lists the Kent Conservation District for Kent County and the New Castle Conservation District for incorporated New Castle County outside Newark, Wilmington and Middletown; we confirm the reviewing office for each parcel.

3Questions

Smyrna questions, answered

Does Smyrna protect woodlands?

Inside its Environmental Protection Overlay District, yes. The zoning code lists prime woodlands, including any woodland whose canopy trees exceed 12 inches in caliper, among the resources the overlay protects, and development plans must locate trees of 12 inches and up.

Is Smyrna in Kent County or New Castle County?

Both. The town straddles the county line. DNREC names the Kent Conservation District as the sediment and stormwater agency for Kent County; for a parcel on the New Castle side, confirm the reviewing office with the town before work.

Before you write

Cost, permits and the ground

Code summaries are general guidance, not legal advice; Huntly confirms the rules that apply to each parcel before work.

What shapes the cost of land clearing in Smyrna, DE?

Density and stem size, ground and terrain, access and staging, finish standard, resource plan, stewardship and schedule. Haul-off of non-organic debris, stump grinding below grade, permits and licensed applications are quoted as separate visible lines. Every job is priced in writing after a private site walk, and the walk carries no charge inside the service region.

Do I need a permit for land clearing in Smyrna, DE?

Often, and it depends on the area disturbed and what is nearby. DNREC lists the Kent Conservation District as the sediment and stormwater review agency for Smyrna; Delaware's regulations exempt land disturbance under 5,000 square feet, and 1 acre or more also needs construction general permit coverage. Town approvals described on this page come on top of that, and work in wetlands generally needs a DNREC permit. We confirm each one for the parcel before work.

Is forestry mulching better than bulldozing?

For most brush and small-tree work, yes. Mulching leaves roots in the ground and a chip layer on the surface, so slopes stay put, stream-adjacent ground stays stable, and there are no burn piles or haul-off loads. A buildable surface, root-ball removal, grading or drainage work may call for a broader clearing or excavation plan.

More answers

More about Smyrna, DE

Regulatory notes are general guidance; Huntly confirms the rules that apply to each site before work.

Who approves land clearing or earth disturbance in Smyrna, DE?

In Smyrna, DE, start with the town's permit or code office. As general guidance, DNREC lists delegated sediment and stormwater agencies in all three counties. Disturbing 1 acre or more also needs NPDES construction permit coverage through DNREC. Huntly confirms the rule that applies to each site before work.

Can I burn brush piles in Smyrna, DE?

Delaware bans most open burning from May 1 through September 30. Outside those dates a homeowner may burn small amounts of yard material after notifying the county fire board, but burning land-clearing material is always prohibited except for agriculture, and leaves and grass may never be burned. Huntly mulches brush in place, so no burn permit is needed. Huntly confirms the rule that applies to each site before work.

What grows wild and takes over land around Smyrna, DE?

Typical for Kent County: Phragmites in wet ground and along ditches, plus autumn olive, multiflora rose, and sweetgum and loblolly pine thickets on idle fields. Which ones you have depends on soil and moisture. A site walk sorts it out, and Huntly prices the clearing in writing after the walk.

Is there cost-share money for clearing invasives in Smyrna, DE?

DNREC runs a Phragmites cost-share for landowners with 5 to 200 acres, using aerial application. Drainage ditches aren't eligible. Tax ditch organizations manage ditch channels separately, and your local conservation district can point you to other programs. Herbicide work is done by a licensed applicator and quoted as a separate visible line. Huntly confirms the rule that applies to each site before work.

Does Huntly serve Smyrna, DE, and what does a site walk cost?

Yes. Huntly Land Co. serves Delaware, and the site walk is free inside the service region. Every job is priced in writing after the walk at a fixed price, and mobilization for long hauls is quoted on the estimate. Call (302) 497-5263 or email hello@huntlyland.com.

Is my land in Smyrna, DE on a tax ditch?

Maybe. DNREC says Delaware has 234 tax ditch organizations managing more than 2,000 miles of channels, and ditch rights of way can limit what you clear. Check with DNREC's Tax Ditch Program before work near a ditch. Huntly confirms the rule that applies to each site before work.

Do I need a DNREC permit to cut Phragmites near the water in Smyrna, DE?

Possibly. Tidal wetlands fall under 7 Del. C. ch. 66, and DNREC Wetlands and Waterways verification may be needed before cutting along tidal edges. Marsh edges and non-tidal ground are treated differently. Huntly checks the status of each site and confirms the rule before cutting. Huntly confirms the rule that applies to each site before work.

Who do I call after a storm in Smyrna, DE?

Huntly runs a 24/7 storm line at (302) 497-5263 for downed trees blocking lanes, drives and fields, using a grapple to clear and haul debris. If a tree is on a house or other structure, call a tree service or the utility first. Huntly handles the cleanup after.

Sources

Where these facts come from

Sources: Smyrna Code, App. A Zoning · DNREC, Sediment and Stormwater Delegated Agencies

Last checked: October 2026.

Permits and rules

Permits and rules

Clearing in Smyrna can need a sediment and stormwater plan or a local approval. Start here:

Schedule a site walk

Send us the details.

hello@huntlyland.com

Send the town, rough acreage and two or three photographs. We reply by email with site-walk times, and a written scope follows the walk.

Delaware & coastal line: (302) 497-5263 · Main line: (484) 486-7272

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Office hours Monday to Saturday, 8 a.m. to 4 p.m. On call 24/7 for storm and emergency cleanup. If anyone is in danger, call 911 first.