Last updated 2026-08-21
TL;DR
Delaware does not run a statewide fence contractor exam. To start temp fence work you form an entity with the Division of Corporations, get a free IRS EIN, then obtain the Division of Revenue business license that matches contractor activity. Confirm current fees and any city or county licenses before you bid. Install time is often one day on a small site. Confirm all processing times with each board. This is not legal advice.
Do you need a license for temp fence in Delaware?
Yes. If you take paid temp fence work in Delaware, you need a state business license, and contractor work sits in Title 30. You do not sit a statewide fence exam. The Division of Professional Regulation board list has no fence contractor board. Confirm the current license class and fee with the Division of Revenue before you take a deposit.[14][4][5]
That is the state-level answer. People mix Delaware up with states that test fence contractors. This is not that. If you learned the trade under a board that actually tests, read how to start temp fence in California and notice how much paper Delaware does not ask for. The California license notes make the contrast even louder.
Title 30, Chapter 25 covers contractors. If you agree to furnish labor or materials for construction, alteration, or repair, you are in that statute. Temp fence Delaware installs for GCs are contracting, not a weekend side hustle with no file cabinet.[4]
Chapter 23 is the broader occupational license chapter. Revenue will tell you which line to buy. Read both chapters, then ask. Do not pick a cheaper class because a Facebook group said rental is not contracting.[5]
Local paper is separate. Wilmington, New Castle County, and some towns add business or contractor licenses. I will not invent those fees or wait times. Call the building department that covers the job and the yard.
If you only drop panels and never set them, you may sit in a different class than a full install shop. Ask. Wrong class is an audit problem, not a branding problem.
Federal items are not substitutes. An EIN is not a license. OSHA rules are not a license. A GC vendor packet is not a license. Get the state license, then collect the rest.
Out-of-state plates do not save you. If the work happens in Delaware, Delaware wants the license.
How much does company setup cost in Delaware?
Plan for a few hundred dollars in state paper, then real money in insurance and panels. Delaware charges a $300 annual tax on limited liability companies, according to the Division of Corporations franchise tax page.[2] The Certificate of Formation fee has long been $90. Confirm that figure with the Division of Corporations before you file.[3]
An IRS EIN is free through the IRS online EIN application.[8]
Delaware has no state or local sales tax on a rental invoice the way Maryland or Pennsylvania do. You still owe gross receipts tax on licensed business activity. Confirm the current contractor rate and any exclusion on the Division of Revenue gross receipts page.[6]
Registered agent fees are private. Budget a few hundred a year if you buy an agent. You can be your own agent if you have a Delaware address and actually pick up service of process. Most people should not be their own agent if they live in the truck.
I would not spend a five-figure check on new panels the same week you file. Paper first. Insurance quote second. Then buy only the panels your first two accounts will keep busy.
Out-of-state entities can register as foreign. That is another Division of Corporations filing. Confirm the current foreign LLC fee. Do not assume the domestic formation fee covers you.
The cheap mistake is underinsuring a yard of used steel. The expensive mistake is buying two trailers of new panels before a single GC will put you on a site.
How do you file a Delaware LLC and get an EIN?
File a Certificate of Formation with the Delaware Division of Corporations. The LLC Act says, "In order to form a limited liability company, 1 or more authorized persons must execute a certificate of formation."[1] You name the company, name a registered agent, and give the registered office.
Online filing is the normal path. Mail still works. I will not promise a processing time. Ask the Division of Corporations what the queue looks like the week you file. Same-day service exists as a product some years. Confirm it. No article gets to guarantee your approval date.[3]
Then get the EIN. The IRS states, "Applying for an EIN is a free service offered by the Internal Revenue Service."[8] Use the official IRS application. Anyone charging you for an EIN is selling you a line at the water fountain.
The SBA register-your-business guide is a decent federal checklist if you want a second map. It will not replace Delaware's contractor license.[13]
After the EIN, open a bank account in the company name. Keep panel purchases and diesel off your personal card. That is boring. It is also how you stay out of a tax mess when a season goes well.
Operating agreements are not filed with the state. Write one anyway if you have a partner. Solo members still should write who owns the panels if a truck hits the stack.
A sole proprietorship is legal. I would still form the LLC. One claim on a windy site will explain why.
What Delaware business license and gross receipts tax apply?
Get the Division of Revenue business license before you operate. Occupational licenses live in Title 30, Chapter 23. Contractor licensing lives in Chapter 25. Read both, then ask Revenue which one they want on a temp fence install company.[4][5]
Fees move. Confirm the current license fee and any additional-location fee with Division of Revenue. I am not going to type a fee that might be stale the month you file.
Gross receipts tax is the tax people forget. Delaware uses it instead of a retail sales tax. File on the schedule Revenue assigns to your license.[6] Late GRT is how small contractors get expensive letters.
If you work into Maryland or New Jersey, those states have their own sales tax and license rules. A Delaware license does not travel. Texas is a different paper pile if you ever send a crew that far.
Keep a copy of the license in the truck. Inspectors and GC desks will ask. A PDF on your phone is fine. A we-applied-last-month story is not.
Name the business the same way on the LLC, the EIN, the Revenue license, the bank account, and the insurance binder. Mismatched names stall vendor setup more than any statute.
If you add a second yard, ask Revenue whether that is another license. Do not assume one slip covers every pile of panels in the state.
Do New Castle County and Wilmington add licenses?
Often, yes. State paper is not the last stop.
New Castle County and the City of Wilmington have long run their own license and inspection shops. Smaller towns can require a local business license to keep a yard or to work in the right of way. Confirm each one. I will not invent a town fee or a wait time.
School districts and state campuses add vendor packets. Those are contracts, not licenses, but they block payment if you skip them.
If you stage panels at a house, check zoning. A stack of 80 panels in a residential driveway will get a complaint. Rent a small industrial pad when the stack outgrows the side yard.
ROW work (closing a sidewalk, fencing a festival on city land) needs the city's special event or obstruction permit. That is separate from your contractor license. The promoter should pull it. If they do not, you own the problem when an officer wants the fence moved in twenty minutes.
Kent and Sussex jobs are not a free pass. Call the town. Call the county. Then bid.
Home-occupation rules can block customer pickup at a house even when the state license is clean. If neighbors will see trucks at dawn, ask zoning first.
I treat every new town as a five-minute phone call, not a legal theory. The clerk who answers knows the form. I do not.
How much does temp fence cost in Delaware?
There is no official Delaware temp fence price list. Nobody publishes a clean statewide rental index. Anyone giving you one number for the whole state is making it up.
Your customer price is haul time, panel count, duration, gates, stands, windscreen, and how ugly the access is. A one-week, 200-foot job in New Castle is not a six-month school wrap in Georgetown.
Build the bid from inputs you can defend. Check the current BLS Occupational Employment and Wage Statistics table for Delaware construction occupations when you set labor.[15] Do not use a national blog rate for a Wilmington crew day.
Equipment cost is a quote, not a statute. New panels, used panels, and rental-yard refurbs trade in wide ranges week to week. I get three supplier quotes the week I buy. I do not lock a standard Delaware panel cost into a spreadsheet for two years.
Insurance and fuel move faster than fence prices. Reprice when a GC asks for $2 million additional insured on a six-week rental.
If you want a sanity check, call two Delaware rental yards as a customer and one in Maryland. The spread will teach you more than a national average.
For your own startup cash, paper is cheap next to inventory. A small first yard of used 6 ft chain link panels, stands, gates, and a trailer is the real check you write. I would rather start short and rent overflow than sit on idle steel through February.
Delivery minimums matter more than per-foot bragging. A 40-foot job across the county can lose money even when the per-foot rate looks fat.
How long does temp fence take in Delaware?
Two clocks. Company setup, then the install.
Company setup is mostly waiting on other people. Entity filing can be quick. The business license, bank account, insurance binder, and first GC vendor packet take longer. I will not quote a day count. Confirm processing with the Division of Corporations and Division of Revenue the week you file.[3]
A clean small install is often a same-day crew job. A few hundred feet of panel on level ground, good truck access, no windscreen, two gates. That is hours, not weeks.
Big perimeters take multiple days. Windscreen, uneven grade, night work, and a GC who is not ready will stretch it. Weather on the open coastal plain is a real delay. So is a site that still has demo trucks swinging through the gate you were told was yours.
If you drive posts instead of using portable bases, call 811 and wait out the locate. Portable base systems skip a lot of that. They bring wind problems instead.
Public jobs add submittals. Prevailing-wage paperwork adds time before you ever unload. Confirm whether the contract is covered with the Department of Labor prevailing wage program.[11][12]
Pickup is part of the clock. GCs forget you exist when the building is closed in. Write a pickup window into the order or you will store their fence for free.
Beach-season traffic from the north end of the state to Sussex can turn a two-hour run into an afternoon. Bid the windshield, not the map pin.
What insurance and workers' compensation do you need?
GCs will not let you on site without general liability. They will name themselves additional insured. They will want auto and often inland marine (the panels). Umbrella if the project is large. I buy the policy the GC's exhibit asks for, not the cheapest certificate a friend used years ago.
Workers' compensation is a Delaware statute issue if you have employees. Chapter 23 of Title 19 is the Workers' Compensation Act.[10] Confirm coverage duties and any sole-owner questions with the Department of Labor industrial affairs workers' compensation program, not a forum post.[7]
A single-member LLC with no employees may fall outside a comp policy under the statute. Plenty of GC contracts still demand a waiver or an if-any policy. Read the exhibit. Fighting a holdback over a missing waiver is a waste of winter.
OSHA 29 CFR 1926.20 makes the employer responsible for a construction safety program that complies with Part 1926.[9] That is true even when the crew is you and a cousin.
Unemployment insurance registration kicks in when you have employees. Confirm thresholds and account setup with Delaware DOL unemployment insurance. Do not wait until the first wage report is late.
Inland marine is the policy people skip. Then a night theft empties a school lot. The CGL will not buy you new panels.
Ask the agent to schedule the actual fence inventory. A cheap blanket limit looks fine until you add a second trailer.
What equipment and jobsite rules actually matter?
Portable chain link panels, stands, couplers, gates, sandbags or extra bases, and a way to haul them. That is the business. Fancy trucks are not.
Wind is the liability. Windscreen turns a fence into a sail. I refuse screen unless the bid pays for extra bases, braces, or engineer notes the GC already approved. A blow-over onto a public sidewalk is how you meet a lawyer.
OSHA construction rules apply once you have employees on a construction site. The text is blunt: "It shall be the responsibility of the employer to initiate and maintain such programs as may be necessary to comply with this part."[9] Hard hats and high-vis are the easy part. Backing a trailer through a live site is the hard part.
Utility locates matter if you penetrate the ground. Portable bases usually do not. Driven posts do.
If you sell temp fence Delaware packages with privacy screen for events, ask the fire marshal about exits. Blocking a means of egress is a short path to being shut down mid-festival.
Skip the skid steer until you cannot. Rent one for the ugly jobs.
Panel condition is part of safety. Bent mesh and cracked bases go on a scrap pile, not a school sidewalk. Photograph damage at pickup so you are not arguing about a forklift later.
I mark gates and keep a spare. A locked perimeter with no working gate is how you make an enemy of the superintendent before lunch.
How do you bid GC and public temp fence work?
Private GC work is relationship plus a clean certificate plus showing up when you said. Public work is paper.
Delaware prevailing wage applies to covered public works. Confirm the current contract-value threshold, the right classification, and the posting rules with the Department of Labor prevailing wage program.[11] The statute lives in Title 29's procurement chapter.[12] I will not invent the dollar trigger. It has moved before.
Federal money can pull Davis-Bacon on top. Read the bid specs. If both apply, you follow the heavier duty. Guessing is how you fund a back-wage check.
Classifications get fought. Fence erector versus laborer changes the number. Get the determination in writing.
If you want a one-time paper pack for panel counts, wind notes, and prevailing-wage bid language, TempFencePath sells a $149 Panel + Wind + PW Bid Kit at /start. You can bid without it. Plenty of people do.
Alabama's start guide and Arizona's help if you also chase work across state lines. Each state resets the license story.
Do not lowball mobilization. Delaware looks small until you deadhead from Newark to Selbyville in Friday beach traffic.
Write the rental clock in calendar days, not handshakes. Spell out who calls for extras, who pays for move-ins after the GC relocates a gate, and what happens if the site is not ready. Vague scopes are how a two-hour job becomes an unpaid afternoon.
What does the first-year paper path look like?
Here is the order I would actually use.
Pick a name and check it in the Division of Corporations search. File the Certificate of Formation. Get the EIN the same day the state acknowledges the LLC.[1][8] Open the bank account.
Call two insurers with a real description: portable fence rental and install, not general contractor. Buy the policy you can show a GC.
Apply for the Division of Revenue license in the contractor class they assign. Ask about gross receipts filing frequency.[4][6]
If you will hire, register for unemployment and put workers' compensation in force before the first day.[10][7]
Ask New Castle County, Wilmington, and your yard's town what they want. Collect it.
Build a one-page safety sheet and a panel inspection habit. Photograph every install and every pickup. Stolen panels are a business model for someone else.
First year, I want three reliable GC accounts, not a statewide brand. Colorado's start path is a reminder that other states pile on more boards. Delaware's load is lighter. Use that. Do not get sloppy.
| Paper item | Who issues it | What to confirm |
|---|---|---|
| LLC formation | Division of Corporations | Current filing fee |
| Annual LLC tax | Division of Corporations | $300 on the franchise tax page |
| EIN | IRS | Free official application only |
| Business license | Division of Revenue | Class, fee, GRT schedule |
| Workers' compensation | Insurer, Title 19 | Employee vs solo status |
| Local license | County or city | Yard town and job town |
Print that table. Check boxes. Do not keep the plan in your head.
What should you skip in year one?
A retail storefront. A full-time office manager. Custom powder-coated panels. A second truck you cannot keep loaded.
I would also skip bidding every school district in the state on day one. Public work pays. It also audits. Get two private jobs clean, then take a small public fence package with help on the certified payroll.
Do not be your own lawyer on a nasty contract. A one-hour review of a bad indemnity clause is cheaper than owning someone else's trench collapse.
Do not buy windscreen inventory until a customer pays for it. It rots in the sun and turns every panel into a sail.
TempFencePath publishes state paper paths. It is not a law firm and not a fence company. Confirm fees, classes, and wait times with the boards named above. No article can promise you an approval date.
If you later expand, read how Arkansas lays out the start or the Texas license notes before you send a crew south. Different states, different paper.
The first year is a paper habit and a few honest accounts. Everything else can wait until the panels come back as often as they go out.
Frequently asked questions
Do you need a license for temp fence in Delaware?
Yes. Operating a paid temp fence business in Delaware requires a Division of Revenue business license, and install work is treated as contracting under Title 30, Chapter 25. There is no statewide fence-trade exam. Confirm the current class, fee, and any city or county add-ons before you take a deposit. This is not legal advice.
How much does temp fence cost in Delaware?
There is no official statewide price list. Customer cost tracks panel count, days on site, haul distance, gates, and windscreen. Build labor from the current BLS Delaware construction wage table, then add your real insurance and fuel. Get three local yard quotes the week you buy or rent steel. Anyone quoting one statewide number is guessing.
How long does temp fence take in Delaware?
A small, clean install is often same-day once the crew and panels are on site. Company setup is a different clock: entity, Revenue license, insurance, and vendor packets. Confirm processing times with each board. Public jobs add submittals and wage paper. Driven posts add 811 wait time. Pickup delays are common if you do not write a window into the order.
Is there a Delaware fence contractor exam?
No. The Division of Professional Regulation board list does not include a fence contractor board. Delaware still wants a state business license, and contractor activity sits in Title 30. Local towns and counties can add their own licenses. Do not confuse the lack of an exam with a lack of paper.
Do I need a Delaware LLC if I already have an out-of-state company?
Not always a new domestic LLC, but you likely need to register the foreign entity with the Division of Corporations and still obtain the Delaware business license for work done here. Confirm the current foreign qualification fee before you file. Out-of-state plates do not replace Title 30 licensing. Ask Revenue how they want the existing company named on the license.
Does Delaware charge sales tax on fence rental?
Delaware does not impose a state or local retail sales tax. Licensed businesses still pay gross receipts tax on taxable receipts. Confirm the current contractor rate, exclusions, and filing schedule on the Division of Revenue gross receipts tax page. If you also work in Maryland or New Jersey, those states can tax the same job differently.
Do I need workers' comp if I work alone?
Title 19, Chapter 23 governs workers' compensation for covered employers. A solo member with no employees is often outside a required policy, but many GC contracts still demand a waiver or an if-any policy. Confirm your facts with the Department of Labor workers' compensation program. Do not take a forum answer into a school-site vendor packet.
What insurance do Delaware GCs usually ask for?
Expect commercial general liability with additional insured wording, auto, and often inland marine on the panels. Larger sites ask for an umbrella. Buy the limits in the exhibit, not a generic package. Inland marine is what replaces stolen steel. Ask the agent to schedule the inventory so a second trailer is not sitting uninsured.
Can I run a temp fence business from my house in Delaware?
Sometimes, until the stack and the trucks annoy zoning or the neighbors. State licensing does not override local home-occupation or outdoor-storage rules. If customers or GCs will pick up panels, ask the town first. A cheap industrial pad is usually smarter once you own more than a starter pile.
Do I need a CDL to haul temp fence panels?
Not for most small panel trailers. Federal CDL rules kick in at higher GVWR thresholds and certain combinations. Weigh the loaded trailer and read the door sticker. If you grow into a heavy truck, get the right license before the first overweight stop. Confirm current federal and Delaware motor vehicle rules for your exact rig.
Does prevailing wage apply to Delaware school fence jobs?
It can. Delaware prevailing wage applies to covered public works under Title 29. Confirm the current dollar threshold, the right trade classification, and posting rules with the Department of Labor prevailing wage program. Federal funds can add Davis-Bacon. Get the determination in writing before you lock a labor number.
Who is liable if wind knocks a temp fence over?
Your contract and your insurance will fight about that. Windscreen raises the load a lot. I do not add screen unless the bid pays for extra bases or bracing the GC already accepted. Photograph the install. Keep a one-page safety note. A blow-over onto a sidewalk is a claim, not a weather story.
Do I need an electrician for temporary fence gates?
Manual gates, no. Powered access control, battery operators, or anything tied into site power is electrician territory, and Delaware does license that trade. Stay in your lane. Sub the electrical piece and keep your own license in portable fence rental and install. Guessing on wiring is how a simple perimeter becomes a stop-work.
How do I get on a GC bid list in Delaware?
Call the supers you already know, send a one-page capability sheet, and have the certificate of insurance ready the same day. Offer a small, ugly job first. Keep photos of standing fence and clean pickups. Public lists need vendor registration and sometimes prevailing-wage experience. Three reliable private accounts beat a mass email to every GC in the state.
Sources
- Delaware Code, Title 6, Chapter 18, Subchapter II (LLC certificate of formation): A Delaware LLC is formed by executing and filing a certificate of formation.
- Delaware Division of Corporations, Franchise Taxes: Delaware limited liability companies pay a $300 annual tax.
- Delaware Division of Corporations, How to Form a New Business Entity: Domestic entities are formed by filing with the Delaware Division of Corporations; confirm the current Certificate of Formation fee before filing.
- Delaware Code, Title 30, Chapter 25 (Contractors): Delaware statutes require a contractor license for persons engaging in the business of contracting in the state.
- Delaware Division of Revenue, Gross Receipts Tax: Delaware licensed businesses are subject to gross receipts tax rather than a retail sales tax; confirm current rates with Revenue.
- Delaware Department of Labor, Workers' Compensation program: Employer workers' compensation duties and questions are handled through Delaware DOL Industrial Affairs; confirm coverage status there.
- IRS, Apply for an Employer Identification Number (EIN) Online: Applying for an EIN is a free service offered by the Internal Revenue Service.
- OSHA, 29 CFR 1926.20 General safety and health provisions: Construction employers must initiate and maintain programs necessary to comply with OSHA Part 1926.
- Delaware Code, Title 19, Chapter 23, Subchapter I (Workers' Compensation): Delaware's Workers' Compensation Act in Title 19, Chapter 23 sets employer compensation duties.
- Delaware Department of Labor, Prevailing Wage program: Covered Delaware public works are subject to prevailing wage determinations; confirm current thresholds and classifications with the program.
- Delaware Code, Title 29, Chapter 69, Subchapter IV (public works / prevailing wage): Delaware public works procurement statutes include prevailing wage requirements for covered contracts.
- U.S. Small Business Administration, Register your business: Most businesses need to register with federal, state, and local governments.
- Delaware Division of Professional Regulation, Boards and Commissions: DPR's published board list does not include a fence contractor licensing board.
- U.S. Bureau of Labor Statistics, Occupational Employment and Wage Statistics, Delaware: BLS publishes current Delaware wage estimates for construction occupations used to build labor rates.