Yes, owning a tank in Delaware is legally permissible under specific conditions, primarily governed by environmental and public safety statutes. The Delaware Department of Natural Resources and Environmental Control (DNREC) regulates stationary aboveground storage tanks (ASTs) under the Aboveground Storage Tank Act (7 Del. C. § 7401 et seq.), while underground storage tanks (USTs) fall under federal EPA standards enforced by DNREC’s UST program. Local jurisdictions may impose additional zoning or fire code restrictions, particularly in high-density areas. Recent 2026 compliance shifts require ASTs with >1,100-gallon capacity to undergo third-party inspections biennially, aligning with updated EPA guidelines. Private ownership of military-grade tanks (e.g., M1 Abrams) remains prohibited without special permits, as per Delaware’s Uniform Controlled Dangerous Substances Act and federal firearms regulations.
Key Regulations for Owning a Tank in Delaware
- Aboveground Storage Tanks (ASTs): Require DNREC registration if exceeding 1,100 gallons; exemptions apply for agricultural or residential heating oil tanks under 1,100 gallons. Inspections must be conducted by DNREC-certified professionals every two years, with fees ranging from $200–$500 depending on capacity.
- Underground Storage Tanks (USTs): Must comply with EPA’s 2026 UST Revisions Rule, mandating leak detection systems, corrosion protection, and financial responsibility coverage (minimum $1M liability). Delaware’s UST Act (7 Del. C. § 7411) imposes stricter closure protocols for abandoned tanks.
- Military/Armored Vehicles: Classified as “destructive devices” under 11 Del. C. § 1442; ownership requires ATF Form 1 (for manufacturers) or Form 4 (for transfers), with local law enforcement approval. Delaware State Police may deny permits in urban jurisdictions like Wilmington or Dover.