17 Del. C. § 322 — Delaware Code / Title 17 / Chapter 3 / Section 322
§ Â
        322. Remedies of bondholders and trustees.
Status: in_force

Any holder of revenue bonds issued to finance the construction of the Bridge or any of the coupons attached thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity by action, mandamus or other proceedings protect and enforce any and all rights under the laws of the United States or of this State or granted hereunder or under such resolution or trust indenture and may enforce and compel performance of all duties required by this chapter, or by such resolution or trust indenture, to be performed by the Department or any officer thereof, including the fixing, charging and collecting of tolls for the use of such Bridge.

Such resolution or trust indenture may contain provisions under which any holder of such bonds or the trustee under such trust indenture shall be entitled to the appointment of a receiver in the event of a default, and any receiver so appointed shall have and may exercise all the rights and powers of the Department with respect to the Bridge and all of the appropriate rights and powers of a receiver in equity.
17 Del. C. § 2006 — Delaware Code / Title 17 / Chapter 20 / Section 2006
§ Â
        2006. Removal of renewable energy interconnection facilities.
Status: in_force

Any renewable energy entity wanting to decommission an existing renewable energy interconnection facility or cease operations thereof shall first obtain approval from the Public Service Commission. It shall thereafter notify the Department not less than 60 days prior to commencing such decommissioning or ceasing operations as to the disposition of their renewable energy interconnection facilities. Acceptable disposition includes removal of the interconnection facilities from the ROW, or transfer of the interconnection facilities to another renewable energy entity subject to the approval of the Department in accordance with the provisions of § 2005(c) of this title.
17 Del. C. § 902 — Delaware Code / Title 17 / Chapter 9 / Section 902
§ Â
        902. Construction of ditches along certain highways.
Status: in_force

The Department shall, at all times, cause suitable and sufficient ditches or other conduits to be constructed along the right-of-way of any road or highway constructed, altered or changed, whereby, because of such construction, alteration or changing of such lands included in the right-of-way of such road or highway, the natural contour lines and levels of the lands included within such right-of-way of such road or highway would be changed, and waters would tend to collect upon and over the lands adjacent to such road or highway because of such change.
17 Del. C. § 137 — Delaware Code / Title 17 / Chapter 1 / Subchapter III / Section 137
§ Â
        137. Acquisition and sale of real property.
Status: in_force

(a) (1) The Department, in the name of the State, is authorized by law to acquire property and property rights, including rights to access, air, view, and light, for the purposes set forth in this section and within its jurisdiction. The Department may only acquire private or public property and property rights needed for the purposes listed in paragraph (a)(1)a. of this section and through the means listed in paragraph (a)(1)b. of this section. Property rights so acquired must be in fee simple absolute or such lesser interest as the Department may deem appropriate. Except as provided in paragraph (a)(2) of this section, no acquisition of real property or property rights may be made without Department approved final right-of-way plans by parcel depicting the proposed acquisitions and that approval coming only after the project has been developed and plans prepared in accordance with all applicable governing laws, rules and regulations pertaining to the development of transportation projects.

a. The Department, in the name of the State, may only acquire private or public property and property rights needed for the following purposes:

1. To provide public throughfares such as pathways, roads, streets, or highways.

2. To preserve the traffic capacity in existing thoroughfares in accordance with § 145(d) of this title.

3. For sidewalks, bus shelters, parking areas in support of public transit, maintenance yards, and similar public transportation related facilities.

b. The Department, in the name of the State, may acquire private or public property rights through any of the following means:

1. By gift.

2. By devise.

3. By purchase.

4. By the exercise of the power of eminent domain where the private or public property and property rights may be acquired by condemnation by proceeding in the manner prescribed in Chapter 61 of Title 10.

5. Be authorized by law to acquire such property or property rights for the purposes set forth in this section and within its jurisdiction.

(2) The acquisition of real property by the Department in advance of final right-of-way plan approval, shall be reviewed by a committee consisting of the Secretary of the Department of Natural Resources and Environmental Control, the Secretary of the Department of Transportation, the Secretary of the Department of Agriculture, the Director of the Division of Small Business, the Governor’s Chief of Staff, a member of the Senate designated by the President Pro Tempore of the Senate, a member of the House of Representatives designated by the Speaker of the House of Representatives, a member of the public designated by the President Pro Tempore of the Senate and a member of the public designated by the Speaker of the House of Representatives to determine the consistency of such action with the State’s overall goals for land use planning. If it determines that the acquisition will be inconsistent with State planning goals, the committee may disapprove the acquisition.

(3) The Department shall provide to the Governor and General Assembly, on or before December 31 of each year, a report identifying all properties acquired in the preceding 12 month period in connection with acquisitions made pursuant to paragraph (a)(2) of this section.

(4) For the purposes of acquiring real property for pathways that go through dedicated open space in a recorded residential subdivision, where the proposed pathway is not adjacent to the existing right of way, the Department is not authorized to exercise its eminent domain power to acquire land for such pathway, unless a majority of the residents of the recorded residential subdivision vote to approve within 90 days of notice of its intent to exercise its eminent domain power by the Department. There will be 1 ballot per residence and the ballot may be cast by paper ballot, by proxy, by signing a petition, or electronically from a confirmed valid email address for a resident.

(b) When any property heretofore or hereafter acquired by the Department by gift, devise, purchase or condemnation is no longer needed for transportation purposes the Department shall attempt to dispose of the property as follows:

(1) If at the time of the Department’s determination to dispose of the property, the property is subject to a revenue producing lease agreement which has been in force for a period of at least 5 years, the Department shall, in writing, notify the tenant that the property is no longer needed for transportation purposes. Such notice shall inform the tenant of the Department’s desire to sell the property, and include a copy of the Department’s approved appraisal and a purchase agreement containing the terms and conditions for sale to the tenant. The sale price shall not be less than the approved appraised value. If the tenant elects to purchase the property, the tenant shall execute and return the purchase agreement to the Department within 30 days of such notice. Such notice is not required if the tenant has, in writing, waived any desire to purchase the property, or if the property is subject to multiple leases. Failure of the tenant to respond to the notice within 30 days shall constitute a waiver of the tenant’s rights hereunder.

(2) If the provisions of paragraph (b)(1) of this section do not apply, or were forfeited through lack of response, or were waived by the tenant, or the tenant fails to comply with the terms and conditions of the purchase agreement, the Department shall, in writing, notify the owner from whom the property was acquired, if the property had been acquired within the immediately preceding 5 years, that the property is no longer needed for transportation purposes. In the event that the previous owner is deceased, the Department may proceed with the provisions for sale identified in paragraph (b)(3) of this section. Such notice shall inform the prior owner of the Department’s desire to sell the property at the approved appraised value, and shall include a copy of the Department’s approved appraisal and a purchase agreement containing the terms and conditions for the sale to the prior owner. The sale price shall not be less than the approved appraised value. If the prior owner elects to purchase the property, the prior owner shall execute and return the purchase agreement to the Department within 30 days of such notice. Such notice is not required if the prior owner has, in writing, waived his/her right to repurchase the property. Failure of the prior owner to respond to the notice within 30 days shall constitute a waiver of their rights hereunder.

(3) If the provisions of paragraphs (b)(1) and (2) of this section have been satisfied without sale, the Department shall determine if the property has independent utility and in such cases shall offer the property for sale to the general public at a public auction sale. The Department shall notify the public of the sale by posting a “Notice of Sale” on the property at least 2 weeks before the sale and by publishing a “Notice of Sale” for at least 1 day a week for 2 consecutive weeks in a newspaper having general circulation in the county where the property is located. The “Notice of Sale” shall describe the property to be sold, state the date, time, location of the sale, terms and conditions, and amount of the minimum acceptable bid. The public sale may be conducted by Department personnel or the Department may retain an outside contractor to handle the sale. At the conclusion of the sale, the Department’s representative shall announce the name of the highest bidder and the amount of the bid. The Department’s representative shall record the results of the sale including the name and amount of the next highest bid. The Department shall have the authority to accept or reject the highest bid as long as such bid is equal to or greater than 85 percent of the approved appraised value. The Department shall offer the property for sale at a price not less than 85 percent of the approved appraised value and shall reject any bid of a lesser amount. The Department may reject any bid for due cause. If the sale is confirmed and the highest bidder defaults, the Department may proceed to the next highest acceptable bidder. In the event that the Department does not receive an acceptable bid, the public sale shall be deemed concluded. The Department may proceed to dispose of the property through absolute auction for whatever price can be obtained, subject, however, to unanimous written approval of the selling price from the Controller General and the Director of the Office of Management and Budget.

(4) Notwithstanding any other provisions of this section, the Department may determine that the property has minimal independent utility for reasons such as, but not limited to, lack of access, irregular shape, poor topography or hydrology, small size and nominal value (less than $3,000 in the opinion of the Department’s Chief Review Appraiser). In such event the Department may, without having to perform an appraisal of the property, sell or otherwise convey such property to an adjoining property owner or an organized community civic association or maintenance association for use as community open space at a price to be negotiated by the parties. The Department shall notify all adjoining property owners in writing of the property availability and provide 2 weeks for adjoining property owners to express interest in purchasing the property. In cases where more than 1 adjoining property owner indicates an interest in purchasing the property, the Department may elect to offer the property for sale via sealed bid to the highest bidder, or to divide the property to accommodate the interests of all interested owners.

(5) Notwithstanding any other provisions of this section, the Department may convey property by direct sale or trade to an owner of other property which is being acquired for transportation purposes. Such sale shall not abridge the provisions of paragraphs (b)(1) and (2) of this section. The Department shall receive in return a price and/or compensatory property valued at not less than the approved appraised value.

(6) Notwithstanding any other provisions of this section, the Department may convey property by direct sale to a public utility company when such property is needed for public utility purposes, provided the Department receives in return a price not less than the approved appraised value.

(7) a. Notwithstanding any other provisions of this section, the Department may convey property to other governmental entities for public purposes, on terms acceptable to the Department and other agency.

b. Notwithstanding any other provisions of this section or Chapter 9 of Title 3, the Department may convey property to the Delaware Agricultural Lands Preservation Foundation on terms acceptable to the Department and the Foundation.

c. Notwithstanding any other provisions of this section or Chapter 75 of Title 7, the Department may convey property to the Delaware Open Space Council on terms acceptable to the Department and the Council.

(8) As used in this subsection, “approved appraised value” shall mean:

a. When the estimated value of the property is not more than $10,000, an appraisal performed by a qualified Department employee or qualified independent appraiser, reviewed and approved by a qualified Department review appraiser; or

b. When the estimated value of the property exceeds $10,000, an appraisal performed by a qualified independent appraiser, reviewed and approved by a qualified Department review appraiser.

(9) Property rights disposed of pursuant to this section may be in fee simple absolute or such lesser interest as the Department may deem appropriate.

(10) “Notice,” as required in paragraphs (b)(1) and (2) of this section, shall be sent by certified mail, return receipt requested, addressed to the tenant or previous owner at the last known postal address obtained after diligent inquiry. If after diligent inquiry a postal address cannot be found, the Department shall publish a notice for at least 1 day a week for 2 consecutive weeks in a newspaper having general circulation in the county in which the property is located. Such published notice shall set forth the name or names of the tenant or previous owner to whom it is directed, that the Department desires to sell the property, a brief description of the property to be sold and the date by which the Department must receive a response. The return receipt of the notice, whether signed, refused or unclaimed, or a copy of the published newspaper notice shall be held and considered to be prima facie evidence of the service of the notice.

(11) The Department shall provide to the Governor and the General Assembly on or before December 31 of each year, a report identifying by size and location all properties being held for projects, properties deemed surplus or excess properties, dates of acquisition, purchase price, previous owner, date the property was determined to be excess or surplus, dates and nature of actions undertaken to dispose of such surplus or excess properties, and approximate fair market value of each. If properties are deemed nonmarketable they must be identified as such. The report must further identify all properties disposed of during the previous year by size and location, date of disposition, appraised value if appraised, amount received from disposition and name of the purchaser, purchasers or owners, including equitable owners.
17 Del. C. § 178 — Delaware Code / Title 17 / Chapter 1 / Subchapter V / Section 178
§ Â
        178. Local service roads.
Status: in_force

In connection with the development of any controlled-access facility, the Department may plan, designate, establish, use, regulate, alter, improve, maintain and vacate local service roads and streets or may designate as local service roads and streets any existing road or street and may exercise jurisdiction over service roads in the same manner as is authorized over controlled-access facilities under the terms of this subchapter, if, in their opinion, such local service roads and streets are necessary or desirable. Such local service roads or streets shall be of appropriate design, and shall be separated from the controlled-access facility proper by means of all devices designated as necessary or desirable by the proper authority.
17 Del. C. § 1902 — Delaware Code / Title 17 / Chapter 19 / Section 1902
§ Â
        1902. Injunction.
Status: in_force

The Department may apply to the Court of Chancery for an injunction to restrain any violation or threatened violation of this chapter.
17 Del. C. § 1610 — Delaware Code / Title 17 / Chapter 16 / Section 1610
§ Â
        1610. No discrimination.
Status: in_force

The Department, in the exercise of its administration and regulation related to the management of the ROW must be competitively neutral with regard to other users of the ROW, including that terms may not be unreasonable or discriminatory and may not violate any applicable law.
17 Del. C. § 1720 — Delaware Code / Title 17 / Chapter 17 / Subchapter II / Section 1720
§ Â
        1720. Veto by Governor.
Status: in_force

(a) Except, as provided by this chapter, no action taken at any meeting of the Delaware River and Bay Authority by a Commissioner appointed from the state of Delaware shall have any force or effect until the Governor of this State shall have an opportunity to approve or veto the same under Article VI of the Delaware-New Jersey Compact.

(b) For the purpose of procuring such approval or veto, the secretary or other officer of the Delaware River and Bay Authority in charge of the minutes of the proceedings of that body shall transmit to the Governor at the Governor’s office in Dover a certified copy of the minutes of every meeting of the Delaware River and Bay Authority as soon after the holding of such meeting as such minutes can be written out. The Governor shall within 10 days (Saturdays, Sundays and public holidays of this State excepted), after such minutes shall have been received at the Governor’s office aforesaid, cause the same to be returned to the Delaware River and Bay Authority either with the Governor’s approval or the Governor’s veto of any action therein recited as having been taken by any Commissioner appointed from this State; provided, however, that if the Governor shall not return the said minutes within the said period, then at the expiration thereof any action therein recited will have full force and effect according to the wording thereof.

(c) If the Governor within the said period returns the said minutes with a veto against the action of any Commissioner from this State as recited therein, then such action of said Commissioner shall be null and void.

(d) The Governor may by order filed with the secretary of the Delaware River and Bay Authority relieve the Commissioners from the duty of procuring the Governor’s approval of their action upon any particular matter or class of matters, and thereupon the secretary or other officer in charge of the minutes of the proceedings of that body shall be relieved of reporting the same to the Governor.
17 Del. C. § 1715 — Delaware Code / Title 17 / Chapter 17 / Subchapter II / Section 1715
§ Â
        1715. Vacancies.
Status: in_force

In the event a vacancy occurs in the office of a Commissioner from this State by death, resignation, removal or otherwise, the Governor shall, by and with the advice and consent of the Senate, appoint a successor, who shall hold office for the unexpired term.
17 Del. C. § 804 — Delaware Code / Title 17 / Chapter 8 / Section 804
§ Â
        804. Contractorâs failure to use or apply money in accordance with Â 803 of this title.
Status: in_force

(a) Failure of a contractor, or an agent of a contractor, to pay or cause to be paid, in full or pro rata, the lawful claims of all persons, firms, associations of persons or corporations furnishing labor or material as required by § 803 of this title within 30 days after the receipt of any moneys or funds for the purposes of § 802 of this title shall be prima facie evidence of the payment, use or appropriation of such trust moneys or funds by the contractor in violation of this chapter.

(b) Prior to any payment made to any subcontractors for materials, workmanship and all other supplies furnished by such person, persons or corporations an inspection shall be made by the Department of Transportation of all supplies and work furnished by the subcontractors and their approval of the work shall be required before payment is made.
17 Del. C. § 1711 — Delaware Code / Title 17 / Chapter 17 / Subchapter II / Section 1711
§ Â
        1711. Commissioners; appointment.
Status: in_force

The Commissioners from this State, provided for in Article V of the Delaware-New Jersey Compact set out in § 1701 of this title, shall be appointed by the Governor with the advice and consent of the Senate. Immediately upon enactment of this chapter, the Governor may so appoint the first Commissioners from this State, notwithstanding that the said Compact may not have yet taken effect. The persons nominated by the Governor to serve as the first Commissioners shall be authorized to sign duplicate originals of said Compact on the part of this State, to apply to Congress for such consent thereto as may be required by law, and to seek an amendment of 60 Stat. 553 having the effect of eliminating the requirement that the Delaware Memorial Bridge shall become toll free upon payment of the outstanding revenue bonds, although said persons may not then have been confirmed or have taken their oath of office.
17 Del. C. § 211 — Delaware Code / Title 17 / Chapter 1 / Subchapter VII / Section 211
§ Â
        211. Planting standards.
Status: in_force

(a) All landscaping and planting activities undertaken as part of the Department of Transportation’s obligation to mitigate the removal, cutting or clearing of landscape improvements pursuant to this part must be conducted pursuant to a landscape plan prepared by the Delaware licensed and registered landscape design professional or by the Delaware Department of Transportation, and must be conducted:

(1) To promote transplant survival;

(2) In compliance with federal law and regulation;

(3) In compliance with any Department of Transportation design specifications relating to obstructions in the right-of-way, and the distance that landscape improvements must be planted from the travel lanes of the roadway for safety purposes and corresponding to any policies related to context sensitive design;

(4) In compliance with the Department of Transportation’s landscape and reforestation policies developed in conjunction with the Department of Agriculture and the Department of Natural Resources and Environmental Control or other such public or private agencies as the Department of Transportation may deem appropriate; and

(5) To be maintainable with resources available to the Department at the time of planting, to include any permanent agreements entered into relating to maintenance.

(b) A landscape plan prepared by a Delaware-licensed and registered landscape design professional or by the Delaware Department of Transportation for use in completing the minimum landscaping and planting activities required by this part may include whatever components the Department of Transportation determines are necessary or appropriate for the area in which the activities will take place, but must at a minimum:

(1) Screen, while maintaining transportation safety standards, at least 50 percent of the frontage of industrial properties and the back sides of nonagricultural, commercial properties;

(2) Use an appropriate combination of trees, shrubs, groundcovers, and grass or sod, both within median areas and along all roads, for aesthetic and screen purposes; and

(3) Select from upper, medium and lower canopy trees, both within median areas and along all roads where space is safely available, that:

a. Are no less than 1 inch in diameter, as measured 6 inches above the established ground level when planted;

b. Are planted in sufficient quantities to achieve an aesthetically pleasing view and/or, if outside the right-of-way, wildlife habitat when fully grown.

(c) All landscaping and screening shall be in conformance with any context sensitive design and vegetative policies that are in effect at the time of the project.

(d) No landscape improvement determined to be an invasive species shall ever be knowingly planted, authorized or required by the Department of Transportation.
17 Del. C. § 403 — Delaware Code / Title 17 / Chapter 4 / Section 403
§ Â
        403. Control, operation and revenues of Delaware Memorial Bridge and approaches vested in Department.
Status: in_force

The control, operation, tolls and other revenues of the Delaware Memorial Bridge and its approaches, and all of the real and personal property appurtenant thereto or used in connection therewith, shall vest in the Department subject to the rights of the holders of outstanding Delaware Memorial Bridge Revenue Bonds of the State issued prior to July 27, 1955, under the authority of 45 Del. Laws, c. 275 as amended, and the State covenants that the control, operation, tolls and other revenues of said Delaware Memorial Bridge, its approaches and all real and personal property appurtenant thereto or used in connection therewith shall remain vested in the Department so long as said bonds or any bonds issued under the authority of this chapter shall remain outstanding and unpaid, or until all of the Delaware Memorial Bridge Revenue Bonds issued under authority of 45 Del. Laws, c. 275 as amended, have been paid in full or provision shall have been made for the payment thereof in the manner provided by the indenture between the Department and the Equitable Trust Company of Wilmington, Delaware, dated June 1, 1948, and the supplemental indentures between said Department and said Equitable Trust Company, dated June 1, 1951 and January 1, 1952, securing the payment of the Delaware Memorial Bridge Revenue Bonds now outstanding. The Delaware Memorial Bridge shall be operated and extensions and improvements made thereto and the tolls and revenue derived therefrom accounted for and applied in strict conformity with said indenture and supplemental indentures.
17 Del. C. § 507 — Delaware Code / Title 17 / Chapter 5 / Section 507
§ Â
        507. Coordinating new development with local transportation improvements.
Status: in_force

(a) Legislative findings. — (1) Under Chapters 1 and 5 of this title, the Department of Transportation reviews and approves entrance design and internal transportation network requirements for new and existing real property developments. This review process often identifies necessary additional improvements to the local transportation system to accommodate the predicted impact of the new development. Under normal conditions, the new development may not in and of itself cause the need for new local transportation improvements, but instead acts as a triggering event in combination with preexisting traffic growth patterns in the area.

(2) On occasion, there is insufficient right-of-way for the construction of these off-site improvements, or the Department’s own schedule for making the improvements as part of its capital program is on a different schedule than the entity seeking development approval. Under appropriately defined conditions, it is proper that the entities seeking development approval contribute toward the cost of obtaining the necessary rights-of-way in lieu of altering the timing of the State’s own investments in such improvements.

(3) Under appropriately defined conditions, the Department should also be able to use its full powers to obtain the necessary rights-of-way for such improvements, triggered by the combination of preexisting traffic conditions and the proposed new development, as well as to oversee the installation of the required improvements.

(4) Even when there is sufficient right-of-way for the required improvements, there are other compliance issues that the local land use approval process may not fully take into account, such as the impact of the improvements on the State’s ability to comply with federal Clean Air Act [42 U.S.C. § 7401 et seq.] regulations, or the linkage between the proposed development and the State’s own land use planning and development policies.

(5) Therefore, the Department should enact appropriate rules and regulations to determine where and under what conditions it will use its powers to acquire real property interests for the construction of such improvements, to enforce the maintenance of safe operating conditions for the traveling public during the construction of these improvements, and to assure continued compliance with applicable environmental and other legal requirements implicated by these improvements.

(b) Implementation. — The Department of Transportation is authorized and directed to enact rules and regulations to complement its existing authority under Chapters 1 and 5 of this title relating to new developments and their impacts on the local transportation network, as follows:

(1) If the predicted impact of a new development creates a need for additional improvements within the local transportation network for which additional rights-of-way must be acquired, the regulations shall outline the procedures for the use of the Department’s powers under § 137 of this title for this purpose, using contributed funds from the entity triggering the need.

(2) In using this authority, such additional improvements shall be limited to those that do not implicate the State’s ability to comply with the air quality conformity regulations of the federal Clean Air Act [42 U.S.C. § 7401 et seq.].

(3) Furthermore, the use of the authority granted pursuant to this section is limited to those geographic areas defined by the State’s land use policies as appropriate for the type and extent of the proposed development.

(4) As part of the approval process for projects built pursuant to this authority, the Department shall consult with state and local governmental representatives in the area of the proposed improvements. The Department shall also establish procedures for public notice and comment on the potential impacts of the development and the proposed changes to the local transportation network.

(5) The regulations shall also provide for 2 alternative methods of constructing the necessary improvements.

a. The preferred alternative shall be an agreement with the entity seeking development approval to assume direct responsibility for planning, design, inspection, and construction of the improvements. At a minimum, the agreement shall also include terms giving the Department appropriate provisions for quality assurance and quality control of the construction of the additional local improvements.

b. If the Department determines in its discretion that such an agreement is not feasible and practical under the circumstances, it may instead assume responsibility for the scheduling, planning, design, construction, and inspection of the off-site improvements as a regular Department project, to be wholly funded by the entity seeking development approval.
17 Del. C. § 190 — Delaware Code / Title 17 / Chapter 1 / Subchapter VI / Section 190
§ Â
        190. Statement of intent.
Status: in_force

The General Assembly finds that certain portions of the state highway system are notable for their scenic, historic, recreational, cultural or archaeological value and worthy of designation as Delaware byways to provide special consideration of their unique features and special role in the highway system.

The General Assembly further finds that the public interest would be served by the formation of a coordinated scenic highway program to enhance recreational, cultural and archaeological resources, encourage development through tourism, and educate residents and visitors on the history, culture and natural beauty of this State.
17 Del. C. § 1021 — Delaware Code / Title 17 / Chapter 10 / Subchapter II / Section 1021
§ Â
        1021. Declaration of purpose.
Status: in_force

The federal Highway Safety Act [23 U.S.C. § 401 et seq.] has authorized appropriations for a number of programs relating to projects for the improvement of highway safety and the reduction of traffic congestion. Such programs include the rail-highway crossings program; the pavement marking demonstration program; projects for high-hazard locations, including, but not limited to, projects for bicycle and pedestrian safety and traffic calming measures in those locations; a program for the elimination of roadside obstacles; and the federal-aid safe roads demonstration program. The Department of Transportation has been implementing these programs successfully for many years. The purpose of this subchapter is to authorize the Department of Transportation to include a “Safe Routes to School” program in its implementation of these federal programs in this State. The Secretary, the Department of Transportation, the county governments, and governing bodies of the incorporated municipalities in this State are authorized to do all things necessary in their respective jurisdictions to secure and expend such federal funds in accordance with the intent of the federal act and of this subchapter.
17 Del. C. § 1102 — Delaware Code / Title 17 / Chapter 11 / Subchapter I / Section 1102
§ Â
        1102. Scope and definitions.
Status: in_force

(a) The powers and authority granted in this chapter are in derogation of no other powers or authority granted by or created by or exercised under any other statute, or by a planning or zoning board or authority, or other public officer, but shall be construed as in addition to any such power or authority, which shall remain unaffected.

(b) As used in this chapter:

(1) “Commercial or industrial activities for purposes of unzoned commercial and industrial areas” means those activities generally recognized as commercial or industrial by zoning authorities in this State, except that none of the following activities shall be considered commercial or industrial:

a. Outdoor advertising structures;

b. Forestry, ranching, grazing and farming including, but not limited to, wayside fresh produce stands;

c. Transient or temporary activities;

d. Activities more than 600 feet from the nearest edge of the right-of-way along the interstate and federal-aid primary route;

e. Activities conducted in buildings principally used as a residence;

f. Railroad tracks and minor sidings;

g. Activities not visible from the main traveled way.

(2) “Controlled areas” means and includes any area inside the boundaries of this State which is adjacent to the right-of-way of a highway of the interstate or primary systems, except that areas beyond 660 feet of the right-of-way inside urban areas shall be excluded from this chapter.

(3) “Department” means the Department of Transportation.

(4) “Erect” means to construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any way bring into being or establish, but it shall not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance of a sign or sign structure.

(5) “Gateway sign” means any sign, display, or device intended for its purpose to provide information to the travelling public advising motorists that they are entering the boundaries of a political subdivision or established nonincorporated area of the State. A gateway sign may include a slogan or related graphic, or both, subject to the approval of the Department.

(6) “Information center” means an area or site established and maintained at a rest area for the purpose of informing the public of places of interest within the State and providing such other information as the Department may consider desirable.

(7) “Interstate system” means that portion of the national system of interstate and defense highways located within this State, as officially designated, or as may hereafter be so designated, by the Department and approved by the Secretary of Transportation of the United States, pursuant to Title 23, United States Code, “Highways.”

(8) The “laws of this State” shall include a provision of the Constitution or statutes of the State, or an ordinance, rule or regulation enacted or adopted by an agency or political subdivision of this State pursuant to the Constitution or statutes.

(9) “Maintain” means to allow to exist in accordance with state law.

(10) “Outdoor advertising” or “outdoor advertising signs, displays and devices” shall include any outdoor sign, display, device, picture, emblem, trademark, figure, painting, drawing, message, placard, poster, billboard, light or other thing which is designed, intended or used to advertise, to inform or to attract the attention of the traveling public, which is within 660 feet and visible or beyond 660 feet and visible and erected with the purpose of being read from the main traveled way of any state highway.

(11) “Primary system” means that portion of connected main highways of this State officially designated as such, or as may hereafter be designated as such, by the Department and approved by the Secretary of Transportation of the United States, pursuant to Title 23, United States Code, “Highways.”

(12) “Rest area” means an area or site established and maintained within or adjacent to the right-of-way by or under public supervision or control, for the convenience of the traveling public.

(13) “Unzoned commercial or industrial areas” means those areas not zoned by any state, county or local ordinance or regulation on which there are located 1 or more permanent structures devoted to a business or industrial activity or on which a commercial or industrial activity is actually conducted, whether or not a permanent structure is located thereon, and the area along the highway extending outward 800 feet from and beyond the edge of such activity. Each side of the highway will be considered separately in applying this definition. All measurements shall be from the outer edges of the regularly used buildings, parking lots, storage or processing areas of the commercial or industrial activities, not from the property lines of the activities, and shall be along or parallel to the edge of the pavement of the highway.

(14) “Urban areas” means and includes those areas designated as such by the Bureau of the Census and whose boundaries have been approved by the Secretary of the United States Department of Transportation.

(15) “Visible” means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity.

(16) “Zoned commercial or industrial areas” means those areas which are zoned for business, industry, commerce or trade pursuant to a state or local zoning ordinance or regulation, except that those areas beyond 660 feet outside urban areas shall not be recognized as commercial, industrial, unzoned commercial or unzoned industrial in the application of this chapter.
17 Del. C. § 1606 — Delaware Code / Title 17 / Chapter 16 / Section 1606
§ Â
        1606. Right of access.
Status: in_force

(a) To the extent permitted by this chapter, a wireless provider shall have the right to collocate wireless facilities and install, construct, modify, maintain, and operate utility poles, small wireless support structures, along, across, upon, and under the ROW subject to the following requirements.

(b) The Department may impose requirements that conform to applicable codes on new installations of above ground fixed obstructions within the clear zone of any roadway.

(c) Wireless support structures and facilities shall be so constructed and maintained as not to obstruct or hinder the usual travel or public safety on such ROW or obstruct the legal use of such ROW by other utilities or wireless providers.

(d) The Department shall have the authority to grant an accommodation to access the ROW to a wireless infrastructure provider if it has a contract with a wireless service provider to install, construct, modify, maintain or operate utility poles, small wireless support structures or wireless facilities in the ROW under which such installation or construction is to begin within 1 year of access.

(e) Installation shall be collocated on existing infrastructure already located in the ROW wherever feasible except that the wireless provider shall not attach or otherwise collocate its equipment, facilities, fixtures or any appurtenant structures or devices to state-owned infrastructure except as specified in § 1613 of this title.

(f) The wireless provider shall not attach its equipment, facilities, or fixtures to utility poles or to privately-owned structures without the express written consent of the owner.

(g) (1) Each new or modified utility pole and small wireless support structure installed in the ROW shall not exceed the greater of:

a. Ten feet in height above the tallest existing utility pole in place as of August 31, 2017, located within 500 feet of the new pole in the same ROW; or

b. Fifty feet above ground level.

(2) New small wireless facilities in the ROW may not extend:

a. More than 10 feet above an existing utility pole or small wireless support structure in place as of August 31, 2017; or

b. Above the height permitted for a new utility pole or small wireless support structure under this section.

(3) The height limitations do not apply to the placement of any small wireless facility on a utility pole constructed on or before June 30, 2017, if the small wireless facility does not extend more than 10 feet above the structure.

(h) Subject to the provisions of § 1609(b)(5) of this title, the Department may not require the placement of small wireless facilities on any specific utility pole or category of utility pole or require multiple antenna systems on a single pole.

(i) Subject to the provisions of § 1609(b)(5) of this title, the Department may not limit the placement of small wireless facilities by minimum separation distances.

(j) The Department, at its discretion, shall have the authority to approve a wireless provider’s request to construct, modify and maintain a utility pole, small wireless support structure or wireless facility or other structure that exceeds these size limits along, across, upon and under the ROW.
17 Del. C. § 1126 — Delaware Code / Title 17 / Chapter 11 / Subchapter II / Section 1126
§ Â
        1126. Relationship of subchapter to other provisions of chapter.
Status: in_force

The provisions of this subchapter relating to the regulation of outdoor advertising in controlled areas are in addition to, and not in lieu of, subchapter I of this chapter.
17 Del. C. § 706 — Delaware Code / Title 17 / Chapter 7 / Section 706
§ Â
        706. Regulation of maintenance of railroad property.
Status: in_force

(a) No hedge, shrub, tree or solid fence shall be erected, planted or maintained within the railroad property or right-of-way and for a distance of 25 yards from the point where that property or right-of-way crosses any public or private road at which grade crossing protection is not provided by gates, warning lights or watchperson.

(b) If any railroad company, at any time, fails to comply with subsection (a) of this section, the Department shall notify the president or other executive officer of the company, in writing, stating the nature of the obstruction. If the company does not within 30 days thereafter comply with subsection (a) of this section, it shall be fined for the first offense $100, for the second offense $200 and for every subsequent offense not less than $500 nor more than $1,000.

(c) The Superior Court shall have jurisdiction of offenses under this section.
17 Del. C. § 304 — Delaware Code / Title 17 / Chapter 3 / Section 304
§ Â
        304. Delaware Memorial Bridge Division; Director of Division.
Status: in_force

(a) The Department may establish within the Department a Division to be known as the “Delaware Memorial Bridge Division,” and may appoint a Director of such Division and fix the Director’s compensation. The Director of the Division shall supervise all activities relating to the construction of the Bridge and may call for bids for construction in connection therewith, sign vouchers and perform all such acts and duties as shall be required of the Director by the Department.

(b) Upon the completion of the Bridge and the opening of the same for public use, the Delaware Memorial Bridge Division and the office of Director thereof shall forthwith cease and terminate.
17 Del. C. § 1701 — Delaware Code / Title 17 / Chapter 17 / Subchapter I / Section 1701
§ Â
        1701. Delaware-New Jersey Compact.
Status: in_force

The state of Delaware agrees with the state of New Jersey, upon the enactment by the state of New Jersey of legislation having the same effect as this section, to the following Compact:

DELAWARE-NEW JERSEY COMPACT

WHEREAS, the States of Delaware and New Jersey are separated by the Delaware River and Bay which creates a natural obstacle to the uninterrupted passage of traffic other than by water and with normal commercial activity between the 2 states thereby hindering the economic growth and development of those areas in both states which border the River and Bay; and

WHEREAS, the pressures of existing trends from increasing traffic, growing population and greater industrialization indicate the need for closer cooperation between the 2 states in order to advance the economic development and to improve crossings, transportation, terminal and other facilities of the area; and

WHEREAS, the financing, construction, operation and maintenance of such crossings, transportation, terminal and other facilities of commerce and the overall planning for future economic development of the area may be best accomplished for the benefit of the 2 states and their citizens, the region and Nation, by the cordial cooperation of Delaware and New Jersey by and through a joint or common agency or authority; and

WHEREAS, the Delaware-New Jersey Compact, enacted pursuant to 53 Laws of Delaware, Chapter 145 (17 Del. C. § 1701) and P.L. 1961, c. 66 (C. 32:11E-1 et seq.) of the Pamphlet Laws of New Jersey, with the consent of the United States Congress by Joint Resolution being Pub. L. 87-678, 87th Congress, H.J. Res. 783, September 20, 1962, created the Delaware River and Bay Authority with the intention of advancing the economic growth and development of those areas in both states which border the Delaware River and Bay by the financing, development, construction, operation and maintenance of crossings, transportation or terminal facilities, and other facilities of commerce, and by providing for overall planning for the future economic development of those areas; and

WHEREAS, the economic growth and development of areas of both states will be further advanced by authorizing the Authority to undertake economic development projects, other than major projects, as defined in Article II, at its own initiative, and to undertake major projects after securing only such approvals as may be required by legislation of the state in which the project is to be located, except that the Authority is prohibited from undertaking any major project, to be located in the Delaware River or Bay, including, without limitation, any deep-water port or superport, without the prior approval, by concurrent legislation, of the 2 states; and

WHEREAS, the natural environment of those areas in the 2 states which border the Delaware River and Bay would be better preserved by requiring that the projects, other than crossings, of the Authority shall be in complete compliance with all applicable environmental protection laws and regulations before the Authority may undertake the planning, development, construction or operation of any project, other than a crossing;

NOW, THEREFORE, the state of Delaware and the state of New Jersey do hereby solemnly covenant and agree, each with the other as follows:

ARTICLE ISHORT TITLE

This Compact shall be known as the “Delaware-New Jersey Compact.”

ARTICLE IIDEFINITIONS

“Crossing” means any structure or facility adapted for public use in crossing the Delaware River or Bay between the states, whether by bridge, tunnel, ferry or other device, and by any vehicle or means of transportation of persons or property, as well as all approaches thereto and connecting and service routes and all appurtenances and equipment relating thereto.

“Transportation facility” and “terminal facility” mean any structure or facility other than a crossing, as herein defined, adapted for public use within each of the states party hereto in connection with the transportation of persons or property, including railroads, motor vehicles, watercraft, airports and aircraft, docks, wharves, piers, slips, basins, storage places, sheds, warehouses and every means or vehicle of transportation now or hereafter in use for the transportation of persons and property or the storage, handling or loading of property, as well as all appurtenances and equipment related thereto.

“Commerce facility or development” means any structure or facility adapted for public use or any development for a public purpose within each of the states party hereto in connection with recreational and commercial fishery development, recreational marina development, aquaculture (marine farming), shoreline preservation and development (including wetlands and open-lands acquisition, active recreational and park development, beach restoration and development, dredge spoil disposal and port-oriented development), foreign trade zone site development, manufacturing and industrial facilities, and any other facility or activity designed, directly or indirectly, to promote business or commerce which, in the judgment of the Authority, is required for the sound economic development of the area.

“Appurtenances” and “equipment” mean all works, buildings, structures, devices, appliances and supplies, as well as every kind of mechanism, arrangement, object or substance related to and necessary or convenient for the proper construction, equipment, maintenance, improvement and operation of any crossing, transportation facility or terminal facility, or commerce facility or development.

“Project” means any undertaking or program for the acquisition or creation of any crossing, transportation facility or terminal facility, or commerce facility or development, or any part thereof, as well as for the operation, maintenance and improvement thereof.

“Major project” means any project, other than a crossing, having or likely to have significant environmental impacts on the Delaware River and Bay, its shorelines or estuaries, or any other area in the state of Delaware or the New Jersey counties of Cape May, Cumberland, Gloucester, and Salem, as determined in accordance with state law by the environmental agency of the State in which the major project is to be located.

“Tunnel” means a tunnel of one or more tubes.

“Governor” means any person authorized by the Constitution and law of each State to exercise the functions, powers and duties of that office.

“Authority” means the Authority created by this Compact or any agency successor thereto.

The singular whenever used in this Compact shall include the plural, and the plural shall include the singular.

ARTICLE IIIFAITHFUL COOPERATION

They agree to and pledge, each to the other, faithful cooperation in the effectuation of this Compact and any future amendment or supplement thereto, and of any legislation expressly in implementation thereof hereafter enacted, and in the planning, development, financing, construction, operation, maintenance and improvement of all projects entrusted to the authority created by this Compact.

ARTICLE IVESTABLISHMENT OF AGENCY; PURPOSES

The 2 states agree that there shall be created and they do hereby create a body politic, to be known as “The Delaware River and Bay Authority” (for brevity hereinafter referred to as the “Authority”), which shall constitute an agency of government of the state of Delaware and the state of New Jersey for the following general public purposes, and which shall be deemed to be exercising essential government functions in effectuating such purposes, to wit:

(a) The planning, financing, development, construction, purchase, lease, maintenance, improvement and operation of crossings between the states of Delaware and New Jersey across the Delaware River or Bay at any location south of the boundary line between the state of Delaware and the commonwealth of Pennsylvania as extended across the Delaware River to the New Jersey shore of said River, together with such approaches or connections thereto as in the judgment of the Authority are required to make adequate and efficient connections between such crossings and any public highway or other routes in the state of Delaware or in the state of New Jersey; and

(b) The planning, financing, development, construction, purchase, lease, maintenance, improvement and operation of any transportation or terminal facility within the state of Delaware or the New Jersey counties of Cape May, Cumberland, Gloucester and Salem, which facility, in the judgment of the Authority, is required for the sound economic development of the area; and

(c) The planning, financing, development, construction, purchase, lease, maintenance, improvement and operation of any commerce facility or development within the state of Delaware or the New Jersey counties of Cape May, Cumberland, Gloucester and Salem, which in the judgment of the Authority is required for the sound economic development of the area; and

(d) The performance of such other functions as may be hereafter entrusted to the Authority by concurrent legislation expressly in implementation hereof.

The Authority shall not undertake any major project or part thereof without having first secured such approvals as may be required by legislation of the State in which the project is to be located.

The Authority shall not undertake any major project, or part thereof to be located in the Delaware River or Bay, including, without limitation, any deep-water port or superport, without having first secured approval thereof by concurrent legislation of the 2 states expressly in implementation thereof.

The Authority shall not undertake any major project or part thereof without first giving public notice and holding a public hearing, if requested, on any proposed major project, in accordance with the law of the state in which the major project is to be located. Each state shall provide by law for the time and manner for the giving of such public notice, the requesting of a public hearing and the holding of such public hearings.

ARTICLE VCOMMISSIONERS

The Authority shall consist of twelve Commissioners, 6 of whom shall be residents of and qualified to vote in and shall be appointed from the state of Delaware, and 6 of whom shall be residents of and qualified to vote in and shall be appointed from the state of New Jersey; not more than 3 of the Commissioners of each state shall be of the same political party; the Commissioners for each state shall be appointed in the manner fixed and determined from time to time by the law of each state respectively. Each Commissioner shall hold office for a term of 5 years, and until a successor shall have been appointed and qualified, but the terms of the first Commissioners shall be so designated that the term of at least 1 Commissioner from each state shall expire each year. All terms shall run to July 1. Any vacancy, however created, shall be filled for the unexpired term only. Any Commissioner may be suspended or removed from office as provided by law of the state from which the Commissioner shall be appointed.

Commissioners shall be entitled to reimbursement for necessary expenses to be paid only from revenues of the Authority and may not receive any other compensation for services to the Authority except such as may from time to time be authorized from such revenues by concurrent legislation.

ARTICLE VIBOARD ACTION

The Commissioners shall have charge of the Authority’s property and affairs and shall, for the purpose of doing business, constitute a Board, but no action of the Commissioners shall be binding or effective unless taken at a meeting at which at least 4 Commissioners from each state are present, and unless at least 4 Commissioners from each state shall vote in favor thereof. The vote of any 1 or more of the Commissioners from each state shall be subject to cancellation by the Governor of such state at any time within 10 days (Saturdays, Sundays and public holidays in the particular state excepted) after receipt at the Governor’s office of a certified copy of the minutes of the meeting at which such vote was taken. Each state may provide by law for the manner of delivery of such minutes and for notification of the action thereon.

ARTICLE VIIGENERAL POWERS

For the effectuation of its authorized purposes, the Authority is hereby granted the following powers:

(a) To have perpetual succession.

(b) To adopt and use an official seal.

(c) To elect a chairman and a vice-chairman from among the Commissioners. The chairman and vice-chairman shall be elected from different States and shall each hold office for 2 years. The chairmanship and vice-chairmanship shall be alternated between the 2 states.

(d) To adopt bylaws to govern the conduct of its affairs by the Board of Commissioners, and it may adopt rules and regulations and may make appropriate orders to carry out and discharge its powers, duties and functions, but no bylaw or rule, regulation or order shall take effect until it has been filed with the secretary of state of each state or in such other manner in each state as may be provided by the law thereof. In the establishment of rules, regulations and orders respecting the use of any crossing, transportation or terminal facility or commerce facility or development owned or operated by the Authority, including approach roads, it shall consult with appropriate officials of both states in order to insure, as far as possible, uniformity of such rules, regulations and orders with the laws of both states.

(e) To appoint or employ such other officers, agents, attorneys, engineers and employees as it may require for the performance of its duties and to fix and determine their qualifications, duties, compensation, pensions, terms of office and all other conditions and terms of employment and retention.

(f) To enter into contracts and agreements with either state or with the United States, or with any public body, department or other agency of either state or of the United States or with any individual, firm or corporation deemed necessary or advisable for the exercise of its purposes and powers.

(g) To accept from any government or governmental department, agency or other public or private body, or from any other source, grants or contributions of money or property as well as loans, advances, guarantees or other forms of financial assistance which it may use for or in aid of any of its purposes.

(h) To acquire (by gift, purchase or condemnation), own, hire, lease, use, operate and dispose of property, whether real, personal or mixed, or of any interest therein, including any rights, franchise and property for any crossing, facility or other project owned by another and which the Authority is authorized to own and operate.

(i) To designate as express highways, and control public and private access thereto, all or any approaches to any crossing or other facility of the Authority for the purpose of connecting the same with any highway or other route in either state.

(j) To borrow money and to evidence such loans by bonds, notes or other obligations, either secured or unsecured, and either in registered or unregistered form, and to fund or refund such evidences of indebtedness, which may be executed with facsimile signatures of such persons as may be designated by the Authority and by a facsimile of its corporate seal.

(k) To procure and keep in force adequate insurance or otherwise provide for the adequate protection of its property, as well as to indemnify it or its officers, agents or employees against loss or liability with respect to any risk to which it or they may be exposed in carrying out any function hereunder.

(l) To grant the use of by franchise, lease or otherwise, and to make charges for the use of any crossing, facility or other project or property owned or controlled by it.

(m) To exercise the right of eminent domain to acquire any property or interest therein.

(n) To determine the exact location, system and character of and all other matters in connection with any and all crossings, transportation or terminal facilities, commerce facilities or developments or other projects which it may be authorized to own, construct, establish, effectuate, operate or control.

(o) To exercise all other powers not inconsistent with the Constitutions of the 2 states or of the United States, which may be reasonably necessary or incidental to the effectuation of its authorized purposes or to the exercise of any of the foregoing powers, except the power to levy taxes or assessments, and generally to exercise in connection with its property and affairs, and in connection with property within its control, any and all powers which might be exercised by a natural person or a private corporation in connection with similar property and affairs.

ARTICLE VIIIADDITIONAL POWERS

For the purpose of effectuating the authorized purposes of the Authority, additional powers may be granted to the Authority by legislation of either state without the concurrence of the other, and may be exercised within such state, or may be granted to the Authority by Congress and exercised by it; but no additional duties or obligations shall be undertaken by the Authority under the law of either state or of Congress without authorization by the law of both states.

ARTICLE IXEMINENT DOMAIN

If the Authority shall find and determine that any property or interest therein is required for a public use in furtherance of the purposes of the Authority, said determination shall not be affected by the fact that such property has theretofore been taken over or is then devoted to a public use, but the public use in the hands or under the control of the Authority shall be deemed superior to the public use for which it has theretofore been taken or to which it is then devoted. The Authority shall not exercise the power of eminent domain granted herein to acquire any property, other than a crossing, devoted to a public use, of either state, or of any municipality, local government, agency, public authority or commission, or of 2 or more of them, for any purpose other than a crossing, without having first secured the authorization of the holder of the title to the land in question and such other approvals as may be required by legislation of the state in which the project is to be located. The Authority shall not exercise the power of eminent domain in connection with any commerce facility or development.

In any condemnation proceedings in connection with the acquisition by the Authority of property or property rights of any character in either state and the right of inspection and immediate entry thereon, through the exercise by it of its power of eminent domain, any existing or future law or rule of court of the state in which such property is located with respect to the condemnation of property for the construction, reconstruction and maintenance of highways therein shall control. The Authority shall have the same power and authority with respect thereto as the state agency named in any such law, provided that nothing herein contained shall be construed as requiring joint or concurrent action by the 2 states with respect to the enactment, repeal or amendment of any law or rule of court on the subject of condemnation under which the Authority may proceed by virtue of this Article.

If the established grade of any street, avenue, highway or other route shall be changed by reason of the construction by the Authority of any work so as to cause loss or injury to any property abutting on such street, avenue, highway or other route, the Authority may enter into voluntary agreements with such abutting property owners and pay reasonable compensation for any loss or injury so sustained, whether or not it be compensable as damages under the condemnation law of the state.

The power of the Authority to acquire property by condemnation shall be a continuing power, and no exercise thereof shall be deemed to exhaust it.

ARTICLE XREVENUE AND APPLICATION

The Authority is hereby authorized to establish, levy and collect such tolls and other charges as it may deem necessary, proper or desirable in connection with any crossing, transportation or terminal facility, commerce facility or development or other project which it is or may be authorized at any time to construct, own, operate or control, and the aggregate of said tolls and charges shall be at least sufficient (1) to meet the combined expenses of operation, maintenance and improvement thereof, (2) to pay the cost of acquisition or construction, including the payment, amortization and retirement of bonds or other securities or obligations assumed, issued or incurred by the Authority, together with interest thereon and (3) to provide reserves for such purposes; and the Authority is hereby authorized and empowered, subject to prior pledges, if any, to pledge such tolls and other revenues or any part thereof as security for the repayment with interest of any moneys borrowed by it or advanced to it for its authorized purposes and as security for the satisfaction of any other obligations assumed by it in connection with such loans or advances. There shall be allocated to the cost of the acquisition, construction, operation, maintenance and improvement of such facilities and projects such proportion of the general expenses of the Authority as it shall deem properly chargeable thereto.

ARTICLE XICOVENANT WITH BONDHOLDERS

The 2 said states covenant and agree with each other and with the holders of any bonds or other securities or obligations of the Authority, assumed, issued or incurred by it and as security for which there may be pledged the tolls and revenues or any part thereof of any crossing, transportation or terminal facility, commerce facility or development or other project, that the 2 said states will not, so long as any of such bonds or other obligations remain outstanding and unpaid, diminish or impair the power of the Authority to establish, levy and collect tolls and other charges in connection therewith, and that neither of the 2 said states will, so long as any of such bonds or other obligations remain outstanding and unpaid, authorize any crossing of the Delaware River or Delaware Bay south of the line mentioned in Article IV(a) of this Compact by any person or body other than the Authority, unless, in either case, adequate provision shall be made by law for the protection of those advancing money upon such obligations.

ARTICLE XIISECURITIES LAWFUL INVESTMENTS

The bonds or other securities or obligations which may be issued by the Authority pursuant to this Compact, or any amendments hereof or supplements hereto, are hereby declared to be negotiable instruments, and are hereby made securities in which all state and municipal officers and bodies of each state, all banks, bankers, trust companies, savings banks, building and loan associations, saving and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, and all administrators, executors, guardians, trustees and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of either state may properly and legally invest any funds, including capital, belonging to them or within their control, and said obligations are hereby made securities which may properly and legally be deposited with and shall be received by any state or municipal officer or agency of either state for any purpose for which the deposit of bonds or other obligations of such state is now or may hereafter be authorized.

ARTICLE XIIITAX STATUS

The powers and functions exercised by the Authority under this Compact and any amendments hereof or supplements hereto are and will be in all respects for the benefit of the people of the states of Delaware and New Jersey, the region and nation, for the increase of their commerce and prosperity and for the enhancement of their general welfare. To this end, the Authority shall be regarded as performing essential governmental functions in exercising such powers and functions and in carrying out the provisions of this compact and of any law relating thereto, and shall not be required to pay any taxes or assessments of any character, levied by either state or political subdivision thereof, upon any of the property used by it for such purposes, or any income or revenue therefrom, including any profit from a sale or exchange. The bonds or other securities or obligations issued by the Authority, their transfer and the interest paid thereon or income therefrom, including any profit from a sale or exchange, shall at all times be free from taxation by either state or any subdivision thereof.

ARTICLE XIVJURISDICTION; USE OF LANDS

Each of the 2 states hereby consents to the use and occupancy by the Authority of any lands and property of the Authority in such state for the construction, operation, maintenance or improvement of any crossing, transportation or terminal facility, commerce facility or development, or other project which it is or may be authorized at any time to construct, own or operate, including lands lying under water.

ARTICLE XVREVIEW AND ENFORCEMENT OF RULES

Judicial proceedings to review any bylaw, rule, regulation, order or other action of the Authority or to determine the meaning or effect thereof may be brought in such court of each state, and pursuant to such law or rules thereof, as a similar proceeding with respect to any agency of such state might be brought.

Each state may provide by law what penalty or penalties shall be imposed for violation of any lawful rule, regulation or order of the Authority, and, by law or rule of court, for the manner of enforcing the same.

ARTICLE XVINO PLEDGE OF CREDIT

The Authority shall have no power to pledge the credit or to create any debt or liability of the state of Delaware, of the state of New Jersey or of any other agency or of any political subdivision of said states.

ARTICLE XVIILOCAL COOPERATION AND AGREEMENTS

(a) All municipalities, political subdivisions and every department, agency or public body of each of the states are hereby authorized and empowered to cooperate with, aid and assist the Authority in effectuating the provisions of this Compact and of any amendment hereof or supplement hereto.

(b) The Authority is authorized and empowered to cooperate with each of the states, or any political subdivision thereof, and with any municipality, local government, agency, public authority or commission of the foregoing, in connection with the acquisition, planning, rehabilitation, construction or development of any project, other than a crossing, and to enter into an agreement or agreements, subject to compliance with the laws of the state in which the project is to be located, with each of the states, or any political subdivision thereof, and with any municipality, county, local government, agency, public authority or commission or with 2 or more of them, for or relating to such purposes.

(c) The Authority and the city, town, municipality or other political subdivision in which any project, other than a crossing, is to be located are hereby authorized and empowered, subject to compliance with the laws of the state in which the project is to be located, to enter into an agreement or agreements to provide which local laws, resolutions, ordinances, rules and regulations, if any, of the city, town, municipality or other political subdivision affected by such project shall apply to such project. All other existing local laws, resolutions, ordinances or rules and regulations not provided for in the agreement shall be applicable to the project, other than a crossing. All local laws, resolutions, ordinances or rules and regulations enacted after the date of the agreement shall not be applicable to such projects unless made applicable by the agreement or any modification thereto.

ARTICLE XVIIIDEPOSITARIES

All banks, bankers, trust companies, savings banks and other persons carrying on a banking business under the laws of either state are authorized to give security for the safekeeping and prompt payment of moneys of the Authority deposited by it with them, in such manner and form as may be required by and may be approved by the Authority, which security may consist of a good and sufficient undertaking with such sureties as may be approved by the Authority, or may consist of the deposit with the Authority or other depository approved by the Authority as collateral of such securities as the Authority may approve.

ARTICLE XIXAGENCY POLICE

Members of the police force established by the Authority, regardless of their residence, shall have in each state, on the crossings, transportation or terminal facilities, commerce facilities or developments and other projects and the approaches thereto, owned, operated or controlled by the Authority, and at such other places and under such circumstances as the law of each state may provide, all the powers of investigation, detention and arrest conferred by law on peace officers, sheriffs or constables in such state or usually exercised by such officers in each state.

ARTICLE XXREPORTS AND AUDITS

The Authority shall make annual reports to the Governors and Legislatures of the state of Delaware and the state of New Jersey, setting forth in detail its operations and transactions, and may make such additional reports from time to time to the governors and legislatures as it may deem desirable.

It shall, at least annually, cause an independent audit of its fiscal affairs to be made, and shall furnish a copy of such audit report together with such additional information or data with respect to its affairs as it may deem desirable to the governors and legislatures of each state.

It shall furnish such information or data with respect to its affairs as may be requested by the governor or legislature of each state.

ARTICLE XXIBOUNDARIES UNAFFECTED

The existing territorial or boundary lines of the states or the jurisdiction of the 2 states established by said boundary lines shall not be changed hereby.

ARTICLE XXIIENVIRONMENTAL PROTECTION

(a) The planning, development, construction and operation of any project, other than a crossing, shall comply with all environmental protection laws, regulations, directives and orders, including, without limitation, any coastal zone laws, wetlands laws, or subaqueous land laws or natural resources laws, now or hereinafter enacted, or promulgated by the state in which the project, or any part thereof, is located.

(b) The planning, development, construction and operation of any project, other than a crossing, to be located in the Delaware River and Bay shall comply with all environmental protection laws, regulations, directives and orders, including, without limitation, any coastal zone laws, wetlands laws, subaqueous land laws or natural resource laws now or hereinafter enacted or promulgated by either state.

(c) The planning, development, construction and operation of any project, other than a crossing, located in the coastal zone of Delaware (as defined in Chapter 70 of Title 7 of the Delaware Code, as in effect on January 1, 1989), shall be subject to the same limitations, requirements, procedures and appeals as apply to any other person under the Delaware Coastal Zone Act, Chapter 70 of Title 7 of the Delaware Code, as in effect on January 1, 1989. Nothing in this Compact shall be deemed to pre-empt, modify or supersede any provision of the Delaware Coastal Zone Act, Chapter 70 of Title 7 of the Delaware Code, as in effect on January 1, 1989. The interpretation and application of this paragraph shall be governed by the laws of the state of Delaware and be determined by the courts of the state of Delaware.

(d) The planning, development, construction and operation of any project, other than a crossing, located in New Jersey, shall be subject to the provisions of New Jersey law, when applicable, including but not limited to the Wetlands Act of 1970, N.J.S.A. 13:9A-1, et seq. and the Coastal Area Facility Review Act, N.J.S.A. 13:19-1, et seq.
17 Del. C. § 1726 — Delaware Code / Title 17 / Chapter 17 / Subchapter II / Section 1726
§ Â
        1726. Legislative approval of Authority projects.
Status: in_force

The Delaware River and Bay Authority shall not undertake any project, except a crossing (as defined in Article II of the Delaware-New Jersey Compact set out in § 1701 of this title), to be located in the State or in the Delaware River or Bay, without having first secured legislative authorization and approval of each specific project or part thereof pursuant to an act of the General Assembly, passed with the concurrence of 3/4 of all the members elected to each House. Upon the request of any member of the General Assembly, the Delaware River and Bay Authority shall provide copies of all written reports or studies prepared or obtained by the Authority and any written comments submitted by members of the public with respect to the project. In addition to such state legislative approval, any agreement or agreements entered into (pursuant to Article XVII of the Delaware-New Jersey Compact set out in § 1701 of this title) between the Delaware River and Bay Authority and the city, town, municipality or other political subdivision in which any project, other than a crossing, is to be located must:

(1) Be in accordance with and subject to any and all land use laws including, but not limited to, zoning codes and subdivision and land development regulations for the respective political subdivisions, and any other local laws, resolutions, ordinances or rules and regulations which may apply; and

(2) Be approved by the local government, and such approval shall be according to the laws, regulations, standards and practices of such municipality or county government.
17 Del. C. § 150 — Delaware Code / Title 17 / Chapter 1 / Subchapter III / Section 150
§ Â
        150. Lead paint on outdoor structures.
Status: in_force

All provisions of this title must comply with Chapter 30M of Title 16.
17 Del. C. § 307 — Delaware Code / Title 17 / Chapter 3 / Section 307
§ Â
        307. Title to Bridge and approaches; power to hold title to New Jersey property.
Status: in_force

The title to the Bridge within the territorial limits of this State shall at all times be in the State of Delaware, and the title to so much of the Bridge and any approaches and appurtenances thereto which may be within the State of New Jersey shall at all times be either in the name of the Department or in the name of an individual or a corporation as trustee for the Department or otherwise held as may be permitted by the laws of the State of New Jersey, but the construction, control, operation, maintenance, repair, improvement and enlargement of the Bridge shall at all times be confined to the Department. The Department, in its own name, may take and hold title to and make agreements for the use of any property in the State of New Jersey necessary for the purposes of the Bridge and approaches thereto, if permitted so to do by the laws of the State of New Jersey and, for the purpose of taking and holding such title and making such agreements, the Department is constituted a body corporate and politic, with all the usual powers thereof for the purposes last aforesaid only.
17 Del. C. § 1125 — Delaware Code / Title 17 / Chapter 11 / Subchapter II / Section 1125
§ Â
        1125. Agreements with federal government or agencies.
Status: in_force

The Department may enter into agreements, consistent with this chapter, with the Secretary of Transportation of the United States relating to the control of outdoor advertising in controlled areas and take action in the name of the State to comply with the terms of such agreements.

The Department may accept allotment of funds by the United States, or any department or agency thereof, authorized by the Federal-Aid Highway Act of 1958, or any subsequent legislation supplementary to or amending such Act, in connection with any agreement entered into by the Department and the Secretary of Transportation of the United States relating to the control of outdoor advertising in controlled areas adjacent to the interstate and/or primary system.
17 Del. C. § 1609 — Delaware Code / Title 17 / Chapter 16 / Section 1609
§ Â
        1609. Permits.
Status: in_force

(a) The wireless provider shall acquire 1 or more permits to collocate a small wireless facility or construct, modify, maintain, and operate utility poles or small wireless support structures in the ROW provided such permits are of general applicability and do not apply exclusively to wireless facilities.

(b) The Department shall receive applications for, process, and issue such permits subject to the following requirements.

(1) The Department may not directly or indirectly require an applicant to perform services unrelated to the collocation for which approval is sought, such as in-kind contributions to the Department including reserving fiber, conduit, or pole space for the Department.

(2) An applicant shall not be required to provide more information to obtain a permit than communications service providers that are not wireless providers.

(3) Within 14 days of receiving an application, the Department will determine and notify the applicant whether the application is complete. If an application is incomplete, the Department must specifically identify the missing information.

(4) An application shall be processed on a nondiscriminatory basis and deemed approved if the Department fails to approve or deny it within 60 days. The parties may mutually agree to extend the 60-day application review period. The Department shall grant or deny the application at the end of the extended period.

(5) The Department shall approve an application unless the Department finds that it fails to comply with any of the following:

a. Applicable codes or, to the extent feasible, applicable provisions of the Delaware Utilities Manual Regulations, 2 DE Admin. Code 2401, unless or until the Secretary of the Department promulgates regulations specific to accommodation of wireless service providers in the state ROW;

b. Public safety;

c. Objective, reasonable design standards and stealth and concealment requirements;

d. Undergrounding requirements that prohibit the installation of new or modification of existing utility poles in a ROW without prior approval, if such requirements include a waiver or another process that addresses request to install such new utility poles or modify existing utility poles and do not prohibit the replacement of utility poles; or

e. The Department’s reasonable spacing requirements that determine the distance between utility poles based on best engineering practices and the facilities that will be attached thereto, if such requirements include a waiver or another process that addresses requests for exception or variance and do not prohibit granting of such exceptions or variances. Designs should be performed to maximize the spacing and to limit the quantity of poles utilized.

(6) The Department must document the basis for a denial, including the specific applicable code provisions on which the denial was based, and send the documentation to the applicant on or before the day the Department denies an application. The applicant may cure the deficiencies identified by the Department and resubmit the application within 30 days of the denial. The Department shall approve or deny the revised application within 15 days. Any subsequent review shall be limited to the deficiencies cited in the denial.

(7) To the extent possible, wireless providers shall plan their installations in a comprehensive manner based on geographic areas or proximate roadways, file a consolidated application and receive a single permit for the collocation of multiple small wireless facilities.

(8) The Department may not institute, either expressly or de facto, a moratorium on issuing permits or other approvals for the collocation of small wireless facilities or construction, modification, and operation of utility poles or small wireless support structures in the ROW. However, the Department may issue a temporary moratorium related to a particular road or limited geographic area where exigent circumstances exist that directly impact the public health, safety or welfare.

(9) Unless otherwise required by applicable code, the Department shall not require an application approval or permit or require fees or rates for:

a. Routine maintenance; or

b. The replacement of wireless facilities with wireless facilities that are substantially similar or the same size or smaller; or

c. The installation, placement, operation, maintenance, or replacement of micro wireless facilities that are suspended on cables that are strung between existing utility poles in compliance with applicable codes.
17 Del. C. § 1203 — Delaware Code / Title 17 / Chapter 12 / Section 1203
§ Â
        1203. Enforcement of chapter; rules and regulations; examinations; application of chapter.
Status: in_force

(a) The Department shall:

(1) Enforce this chapter; and

(2) Make, publish and enforce such regulations governing the establishment, maintenance and operation of junkyards as may be necessary or advisable to implement the policy and accomplish the purposes of this chapter.

Such regulations may include provisions governing the location, planting, construction (including materials used) and maintenance of the screening required by this chapter. Regulations pertaining to controlled areas shall be consistent with any national standards for junkyard control promulgated by the Secretary of Transportation of the United States pursuant to Title 23, United States Code.

(b) All employees of the Department, or any peace officer of this State, when so directed by the Department or its officers, may enter into and upon any land or building to make any examination or survey which the Department deems necessary to the effective administration of this chapter, or to enforce this chapter.

(c) This chapter shall apply only to junkyards situate, in whole or in part, outside the corporate limits of any incorporated municipality in this State and to those junkyards situate, in whole or in part, in controlled areas within such corporate limits, except for the requirement of § 1204 of this title.
17 Del. C. § 423 — Delaware Code / Title 17 / Chapter 4 / Section 423
§ Â
        423. State covenant for control of crossings.
Status: in_force

The State covenants and agrees with the holders of any of the bonds issued by the Department under this chapter, for which there may be pledged the revenues of the Department or any part thereof, that so long as said bonds or obligations remain outstanding and unpaid and unless and until adequate provision is made by law for the protection of the persons advancing money upon such obligations, the State will not diminish or impair the power of the Department or of any successor thereof to operate or control any toll crossing constructed or maintained and operated by it, including the Delaware Memorial Bridge or to establish, levy and collect tolls, rates, rents or other charges in connection therewith.
17 Del. C. § 1311 — Delaware Code / Title 17 / Chapter 13 / Section 1311
§ Â
        1311. Vacation of public roads by administrative action of department; procedure.
Status: in_force

In all cases in which the necessity for existing public roads has ceased to exist because they have been superseded by improved roads or highways constructed by the Department whether a state-maintained street or otherwise, or their necessity has ceased to exist as a part of the general highway system of the State, the Department may vacate or abandon such public roads or such part thereof as the Department may deem proper and may determine who shall enclose the same. The Department may, at any time, determine that a public road not serving the general public and not maintained by the Department for a period of 20 years shall be abandoned and no longer be under the Department’s jurisdiction. The procedure therefor shall be as follows:

(1) Whenever the necessity for the continuation of an existing public road, or a portion thereof, in this State shall cease to exist, as stated in this section, the Department shall, by resolution signed by the Secretary, fix a time and place at which persons interested, including the county wherein the road is located, may be heard with respect to the vacation or abandonment thereof. A copy of the resolution shall be published in a newspaper of the county in which the public road is located in at least 2 issues thereof, prior to the date fixed for the hearing, and likewise a copy of the resolution shall be sent by mail addressed to the chief executive officer or officers of the county wherein the road is located and to the owners of the land abutting or contiguous to the road, or part thereof, and to owners whose land is accessible only by, along or across that part of the road at least 20 days prior to the day fixed for the hearing. The copy shall be addressed to the owners at their last known post office addresses, if such can be ascertained by reasonable inquiry, otherwise the publication of the resolution shall be deemed to be sufficient.

(2) The Department shall, on the day and time fixed, proceed to hear persons interested and shall consider any objection to the vacation or abandonment of the road, or part thereof, and shall make a determination concerning the same. If the Department determines that no necessity exists for continuation of the public road, or part thereof, it may order the same to be vacated or abandoned and may determine who shall enclose the same. The order of the Department shall be entered in the road books or records of the county in which the public road is located, after any appeal time has lapsed, together with a description of the road, or part thereof, ordered to be vacated or abandoned, and thereupon the road, or part thereof, shall cease to exist as a public road, and the persons entitled to enclose the same may proceed to use and occupy the vacated or abandoned road.

(3) The Department may vacate any public road in this State running parallel with an improved highway in this State; provided that all the abutting property owners along the public road consent to the vacating of such public road and signify such consent in writing; and provided further that such vacation shall have no significant adverse impact upon any party or person owning property which is only accessible by, along or across that part of the road to be vacated; provided, however, that circuity of access alone shall not be considered significant adverse impact for purposes of this section.

(4) Whenever any public road is vacated or abandoned pursuant to this section, unless specifically determined otherwise by the Department, the abutting property owners on either side thereof shall be permitted to extend the boundaries of their respective property to the middle of such vacated or abandoned public road and shall own all of that land to said middle of the vacated or abandoned public road. If required, the Department may issue a deed of such land suitable for filing.

(5) The Department, at an administrative hearing conducted after prior notice to all interested parties as provided in this chapter, may determine and award an apportionment of damages under the criteria set forth in this chapter. Such award of damages shall be strictly enforceable by any party or person by application to the Superior Court, which may then adopt, modify or remand such award in the form of an enforceable order.

(6) Notwithstanding the foregoing, the Department may vacate a portion of a public road or right of way by way of a resolution signed by the Secretary without the necessity of undertaking public notice or hearing when such portion to be vacated is only subject to newly improved or alternate roadway realignment of an existing public road and does not result in such public road being vacated or abandoned altogether. The Department shall document the appropriateness and reasonableness of the administrative action procedure for a proposed road vacation or abandonment of said road. The Department may issue a document suitable for recording to accomplish the particular vacation. Such document may include a deed, resolution, or easement extinguishment, as the individual circumstances may require. Said document shall be recorded in the Office of the Recorder of Deeds in and for the county where the vacated portion of such public road lies and shall provide for the disposition of the property rights of the vacated road portion or right of way, with such disposition to occur as otherwise provided herein. The order of the Department and realigned portions shall be entered in the road books or records of the county in which the public road is located.
17 Del. C. § 179 — Delaware Code / Title 17 / Chapter 1 / Subchapter V / Section 179
§ Â
        179. Restrictions on use of controlled-access facilities.
Status: in_force

The Department may prohibit the use of specific classes of motor-driven vehicles or of other vehicles on controlled-access highways either all the time or during such times as necessary for safety. Notice of such prohibition shall be posted on traffic-control devices at the entrance to the controlled-access facilities.
17 Del. C. § 1901 — Delaware Code / Title 17 / Chapter 19 / Section 1901
§ Â
        1901. Unused or unoccupied automotive service stations.
Status: in_force

(a) All automotive service stations within the State shall be maintained as though such property were being used or occupied. The maintenance shall include, but shall not be limited to:

(1) Replacing or boarding-up of areas having broken glass.

(2) Trimming of shrubbery.

(3) Replacing of deteriorated roofing or siding.

(4) Repairing or removing of any accessory building and/or equipment the level of maintenance of which is not less than would be expected if the property were in active use.

(5) Providing reasonable security measures to prohibit the unauthorized and/or illegal use of any buildings or equipment.

(6) Removing or correcting any condition detrimental to the safety of the general public.

(b) Upon discovery that a parcel is not being maintained properly, the Department shall notify the owner or possessor of such land or improved premises. If within 15 days of the above notice by the Department to the owner or possessor of land or improved premises, maintenance to correct the violation has not been undertaken, the Department may cause such violations to be corrected and may incur any expense in the removal thereof.

(c) Any expense incurred by the Department under this section shall be paid by the owner or possessor of the land or improved premises within 10 days after notice thereof by registered mail. If such amount is not paid within such time, such amount, together with a penalty of 10 percent of such expense and interest on such expense of 6 percent per annum shall be assessed against the land or improved premises and shall, until paid, constitute a lien against such land or improved premises in favor of the Department, upon the filing by the Secretary of the Department, in the office of the recorder of deeds for the county where the property is located, of a certificate of lien setting forth the amount of such expense including penalty and interest.

(d) In addition to any other remedy, the county may maintain an action for the recovery of such expense and the penalty and interest against the owner or possessor and shall be awarded reasonable attorneys’ fees.

(e) Any contractor or employee engaged by the Department in carrying out this section shall be immune from civil liability in any action brought by the owner or possessor of the subject premises.

(f) The Department may adopt rules and regulations in order to enforce this chapter.
17 Del. C. § 201 — Delaware Code / Title 17 / Chapter 1 / Subchapter VII / Section 201
§ Â
        201. Legislative intent.
Status: in_force

It is declared that increases in forested land in the State, together with landscape features such as trees, shrubs and ground covers other than or in addition to grass, not only improve the aesthetic value of our State, but carry with them valuable benefits to the health and welfare of our citizens and our environment. It is likewise declared that the Department of Transportation is a leader in replacing forestlands that are required to be cleared for such projects and in providing travelers throughout the State with scenic vistas along its roadways while maintaining safe design and construction standards.

Therefore, this subchapter is intended to more precisely reflect a policy requiring the incorporation of landscaping and reforestation in the projects developed by the Department of Transportation for road construction and improvements in the State. This subchapter is intended to provide minimum standards for the volume of landscaping or reforestation that must take place, for how those activities must be planned, and for how much must be allocated to ensure those activities can take place. The Department of Transportation bears the responsibility for providing specific standards that are needed through regulations developed pursuant to this subchapter.
17 Del. C. § 1121 — Delaware Code / Title 17 / Chapter 11 / Subchapter II / Section 1121
§ Â
        1121. Limitations of outdoor advertising in controlled areas.
Status: in_force

Subject to § 1122 of this title, no outdoor advertising sign, display or device, any part of the advertising, informative or attention attracting contents of which is visible from the main traveled way of a highway of the interstate system or primary system, shall be erected or maintained within a controlled area, unless it shall come within 1 or more of the following categories:

(1) Directional and other official signs and notices, which signs and notices shall include, but not be limited to, signs and notices pertaining to natural wonders, scenic and historic attractions as authorized or required by the laws of this State;

(2) Signs, displays and devices advertising the sale or lease of the real property upon which they are located;

(3) Signs, displays and devices advertising activities conducted on the real property upon which they are located;

(4) Signs, displays and devices located either:

a. In controlled areas adjacent to the interstate system and within the boundaries of incorporated municipalities, as such boundaries existed on September 21, 1959, wherein the use of real property is subject to municipal regulation and control, which are zoned industrial or commercial; or

b. In other controlled areas adjacent to the interstate system zoned industrial or commercial which were zoned industrial or commercial as of September 21, 1959;

(5) Signs, displays and devices located in controlled areas adjacent to highways of the primary system which are zoned industrial or commercial;

(6) Signs, displays and devices located in unzoned commercial and industrial controlled areas adjacent to highways of the primary system and defined by regulations to be promulgated by the Department;

(7) Any school bus waiting shelter displaying a sign provided such sign does not exceed 32 square feet in area and with a limit of 2 signs per shelter. Should the State Department of Education determine that there is no longer a need for a waiting shelter at its present location, the exemption provided by this paragraph shall then terminate.

Such outdoor advertising signs, displays and devices as are permitted in controlled areas under this section shall be erected and maintained only in conformity with such applicable regulations as may be promulgated by the Department under § 1103 of this title.
17 Del. C. § 140 — Delaware Code / Title 17 / Chapter 1 / Subchapter III / Section 140
§ Â
        140. Educational and safety campaigns.
Status: in_force

(a) The Department may conduct throughout the State an educational campaign on street and highway safety.

(b) Such campaign shall be conducted by the Department in the manner which it deems most beneficial to accomplish the purpose thereof, and the Department may use and employ the facilities of the Delaware Safety Council, Delaware Automobile Association and any similar organization.
17 Del. C. § 511 — Delaware Code / Title 17 / Chapter 5 / Section 511
§ Â
        511. Injury to roads and bridges; double damages; jurisdiction of courts; procedure and appeal.
Status: in_force

(a) Whoever negligently or wilfully injures or damages any public road, bridge or drain, or any gate, light or other appurtenance maintained and used for the convenience or safety of the traveling public in connection with such road, bridge or drain shall forfeit and pay double damages therefor. If a public road, bridge, drain, gate, light, or other appurtenance is on or along a “Delaware byway,” as defined in § 101 of this title, an additional civil mandatory penalty of $500 must be added to the amount of double damages.

(b) Action for the recovery of such damages, where the road, bridge, drain or other appurtenance is under the jurisdiction and control of the Department, shall be brought in the name of the State, and all money recovered thereby shall be paid to the State Treasurer.

(c) Justices of the peace, the Court of Common Pleas and the Superior Court shall have concurrent jurisdiction of actions under this section, provided that the jurisdiction of justices of the peace shall be limited to cases where the double damage shall not exceed $2,500, and the jurisdiction of the Court of Common Pleas shall be limited to cases where the double damages shall not exceed the sum of $15,000.

(d) In actions before Justices of the Peace, the procedure shall be the same as is provided for actions of trespass before Justices of the Peace, with the right of appeal to the Court of Common Pleas, and, in actions before the Court of Common Pleas, the right of appeal to the Superior Court shall be preserved.
17 Del. C. § 325 — Delaware Code / Title 17 / Chapter 3 / Section 325
§ Â
        325. Contributions.
Status: in_force

The Department, in addition to the moneys which may be received from the sale of revenue bonds and from the collection of tolls and other revenues derived under this chapter, may accept from any federal agency or other public or private body or from any other source grants for or in aid of the construction, maintenance or operation of the Bridge or the payment of the bonds and may receive and accept contributions from any source of either money or property or other things of value, to be held, used and applied only for the purposes for which such grants or contributions may be made.
17 Del. C. § 208 — Delaware Code / Title 17 / Chapter 1 / Subchapter VII / Section 208
§ Â
        208. Regulations.
Status: in_force

(a) The Department of Transportation shall promulgate such rules and regulations as it deems necessary for implementing this subchapter.

(b) All policies, standards and general specification relating to landscaping, planting and reforestation activities, as well as the planting and placement of trees, shrubs, groundcover, sod and grass, must appear within the Department of Transportation’s design standards and/or regulations and must be developed in conjunction with the Department of Agriculture and the Department of Natural Resources and Environmental Control or such other public or private agencies as may be deemed appropriate by the Department.

(c) All rules and regulations promulgated pursuant to this section shall meet the requirements of the Administrative Procedures Act (Chapter 101 of Title 29).
17 Del. C. § 151 — Delaware Code / Title 17 / Chapter 1 / Subchapter IV / Section 151
§ Â
        151. Procedure for procurement of materials, equipment or supplies and award of contracts for performance of work.
Status: in_force

The Department shall not purchase any materials, equipment or supplies, nor enter into any contract for the performance of any work except in accordance with Chapter 69 of Title 29, except that said Chapter 69 of Title 29 shall not apply, when in the best interests of the State, as determined by the Secretary and approved by the Budget Commission, the Department enters into agreements with other states, counties, municipalities, other governmental agencies or private entities to have such work or services supplied pursuant to contracts entered into by such other public authorities or private entities.
17 Del. C. § 180 — Delaware Code / Title 17 / Chapter 1 / Subchapter V / Section 180
§ Â
        180. Certain commercial establishment prohibited.
Status: in_force

No automotive service station or other commercial establishment for serving motor vehicle users, except telephone facilities, shall be constructed or located within the right-of-way of, or on publicly owned or publicly leased land acquired or used for, or in connection with a controlled-access facility.
17 Del. C. § 1721 — Delaware Code / Title 17 / Chapter 17 / Subchapter II / Section 1721
§ Â
        1721. Audit.
Status: in_force

The Authority shall furnish each year an independent audit of its fiscal affairs, in which items of current and capital nature shall be separately set forth, and shall cause a copy of the report on such audit to be delivered to the Governor.
17 Del. C. § 101 — Delaware Code / Title 17 / Chapter 1 / Subchapter I / Section 101
§ Â
        101. Definitions.
Status: in_force

(a) As used in this title, unless the context indicates a different intent:

(1) “Construction” means the first complete building or rebuilding of a highway after it has been converted into a state highway upon a modern engineering design with a permanent foundation of cement, concrete or other equally hard and permanent material and a top dressing of suitable material to economically withstand the wear of the particular traffic to which such highway will probably be subject with an adequate drainage system so that such highway, with reasonable maintenance, can reasonably be expected to endure for upwards of 40 years.

(2) A “Delaware byway” is a transportation route which is adjacent to or runs along or next to an area that has particular intrinsic scenic, historic, recreational, cultural or archaeological qualities and for which such transportation route is managed in order to protect such characteristics and to encourage development of tourism and recreational resources.

(3) “Department” means the Department of Transportation.

(4) “Express highway” means a state highway especially designed for through traffic over which owners of abutting property shall have no easement or right of direct access, light or air, by reason of the fact that this property abuts on such highway, and it shall have only such public entrances or exits as shall be designated by the Department and may be with or without service roads in the discretion of the Department.

(5) “Maintenance,” as applied to constructed or reconstructed highways, is the upkeep and support thereof with true surfaces in a hard, smooth condition as when such highways were constructed or reconstructed and with proper and adequate drainage systems; as applied to state highways not constructed or reconstructed, is the upkeep and support thereof in as high a condition of perfection as is consistent with the character of such unconstructed or unreconstructed highway and shall include the keeping of the right-of-way of all state highways clear of underbrush and debris which might interfere with the drainage or injure the foundation of such highways and the setting out and preserving of trees where desirable along such right-of-way.

(6) “Public carrier” includes every individual, partnership, association, corporation, joint stock company, agency or department of this State, or any association of individuals engaged in the prosecution in common of a productive enterprise (commonly called a “cooperative”), their lessees, trustees, or receivers appointed by any court whatsoever, that now operates or hereafter may operate, within this State, any railroad, street railway, traction railway, motor bus or electric trackless trolley coach service, system, plant or equipment for public use.

(7) “Railroad” means a road, the cars, carriages and coaches on which are propelled by steam power, electricity, cable, motor or any improved motive power.

(8) “Reconstruction” is the first extensive repairing of an improved road converted into a state highway, and before the Department has constructed such highway, as in the opinion of the Department and the Secretary of Transportation, will result in a state highway of such permanency that there will be a net saving of reconstruction.

(9) “Road” and “highway” include any public way or road or portion thereof and any sewer, drain or drainage system connected therewith and any bridge, culvert, viaduct or other construction or artificial way used in connection therewith and anything which is accessory to any of the same or to the use thereof.

(10) “Secretary” means the Secretary of Transportation.

(11) “State highway” includes any road or highway or portion thereof which the Department has constructed or of which the Department has taken or assumed control or jurisdiction.

(b) As used in this title, “construct” and “constructed” shall be defined in accordance with the definition of “construction”; “reconstruct” and “reconstructed” shall be defined in accordance with the definition of “reconstruction”; “maintain” and “maintained” shall be defined in accordance with the definition of “maintenance.”
17 Del. C. § 1112 — Delaware Code / Title 17 / Chapter 11 / Subchapter I / Section 1112
§ Â
        1112. Injunctive relief.
Status: in_force

The Department or any taxpayer may maintain an action for an injunction to restrain any violation or threatened violation of this chapter or of any regulation lawfully adopted pursuant thereto.
17 Del. C. § 1724 — Delaware Code / Title 17 / Chapter 17 / Subchapter II / Section 1724
§ Â
        1724. Project review by Department of Natural Resources and Environmental Control.
Status: in_force

(a) (1) Whenever the Delaware River and Bay Authority proposes or agrees to undertake a project (as defined in Article II of the Delaware-New Jersey Compact set out in § 1701 of this title), to be located in the State or in the Delaware River or Bay, the Authority shall submit an environmental impact statement (as defined in § 7002(c) of Title 7) with respect to the project for review by the Department of Natural Resources and Environmental Control. The Department of Natural Resources and Environmental Control shall make a determination of whether said project could comply with the environmental laws and regulations of the State and shall utilize standards and criteria as called for in § 6036 of Title 7 to determine if said project shall be considered to be a project of state significance. Any project reviewed by the Department of Natural Resources and Environmental Control which is to be located in the Delaware River or Bay shall be deemed to be a major project. Any commerce facility or development located in the State shall also be deemed to be a major project.

(2) Any project determined to be a project of state significance shall be deemed to be a major project (as defined in Article II of the Delaware-New Jersey Compact set out in § 1701 of this title). The Secretary of the Department of Natural Resources and Environmental Control shall convey this determination to the Executive Director of the Delaware River and Bay Authority.

(b) The Department of Natural Resources and Environmental Control shall give public notice and hold a public meeting at which the proposed project will be reviewed. The public notice shall provide a description of the nature of the project and shall be publicized in a newspaper of general circulation in each of the counties at least 15 business days prior to the scheduled meeting date. A public notice and public hearing by the Department of Natural Resources and Environmental Control at the state level shall not be required where the Department of Natural Resources and Environmental Control upon initial review of the proposed project determines that the project is a major project or that the project will not require any permit or approval from any state agency.

(c) The Department of Natural Resources and Environmental Control project review process provided for in this section shall be completed prior to the date of publication of the notice relating to the project provided for by § 1725 of this title.

(d) The Department of Natural Resources and Environmental Control may undertake its obligations hereunder through its Development Advisory Service or such other unit of the Department of Natural Resources and Environmental Control as its Secretary may designate.

(e) The provisions of this section shall not apply to any project undertaken by the Delaware River and Bay Authority in connection with a crossing (as defined in Article II of the Delaware-New Jersey Compact set out in § 1701 of this title).

(f) The provisions of this section shall not apply to any transportation facility, terminal facility or commerce facility or development project (as defined in Article II of the Delaware New Jersey Compact set out in § 1701 of this title) undertaken by the Delaware River and Bay Authority in the state of Delaware which has been proposed to the Delaware River and Bay Authority by the Governor and has received legislative approval pursuant to § 1726 of this title.
17 Del. C. § 803 — Delaware Code / Title 17 / Chapter 8 / Section 803
§ Â
        803. Use or application of money received by contractor.
Status: in_force

(a) No contractor, or agent of a contractor, shall pay out, use or appropriate any money or funds described in § 802 of this title until they have first been applied to the payment of the full amount of all moneys due and owing by the contractor to all persons furnishing labor or material for the erection, construction, completion, authorization or repair of any highway, right-of-way, turnpike or toll express highways, including shoulders, median strips, parkways and islands, by such contractor, whether or not the labor or material entered into or became a component part of any such highway right-of-way, turnpike or toll express highways, including shoulders, median strips, parkways and islands, and whether or not the same were furnished on the credit of such highway right-of-way, turnpike or toll express highways, including shoulders, median strips, parkways and islands, or on the credit of such contractor.

(b) All general contractors or agents of any general contractor receiving funds impressed with a trust under this chapter shall, within 30 days of receipt of any payment, file a statement in a form to be determined by the Division of Highways, with the contracting state agency that the contractor or the contractor’s agent has paid all subcontractors furnishing labor or material the full sum due them at that stage of the contract, except any funds withheld under the terms of the contract.

(c) In any instance where the contract stipulates that the general contractor will receive a series of prorated payments the general contractor or the general contractor’s agents shall, upon the receipt of each payment, pay all subcontractors furnishing labor or materials, who have properly completed all work required of them at that stage of the contract, according to the same prorated formula which governs payments to the general contractor, i.e., if the general contractor receives 10% initially, persons furnishing labor and materials will receive 10% initially, and so through the course of the contract.
17 Del. C. § 513 — Delaware Code / Title 17 / Chapter 5 / Section 513
§ Â
        513. Trimming of hedges and removal of trimmings; penalty.
Status: in_force

All hedges growing along any of the public roads in this State shall be trimmed at least once in every year to a height of not more than 41/2 feet, and the owner, tenant or occupant of any land upon which such hedge is so growing shall so trim such hedge. None of the trimmings removed from such hedge shall be allowed to remain on any of the public roads longer than 2 weeks, but shall be removed therefrom by the party doing the trimming. Nothing in this section shall be construed to compel the owner, tenant or occupant of any land upon which such hedge is so growing to remove from the public roads any of such trimmings that cannot be removed by the use of an ordinary horse rake, and such owner, tenant or occupant shall not be compelled to remove the small trimmings within 5 feet of such hedge.

Where hedges are cut down for the purpose of laying or allowing to thicken, the same may be permitted to grow without trimming for a period of 3 years.

Whoever fails to perform any of the duties imposed by this section shall be fined not more than $50 and, in default of payment thereof, may be imprisoned not more than 60 days.
17 Del. C. § 1806 — Delaware Code / Title 17 / Chapter 18 / Section 1806
§ Â
        1806. Audit; assumption of obligations.
Status: in_force

In order to provide for an orderly transition of bridge operations, upon the effective date of this chapter, the Authority shall promptly arrange with the Delaware Interstate Highway Division for the preparation of an independent audit and accounting of its assets, liabilities and operations, and for fixing a date upon which the books and records of the said Division shall be closed and from and after which the Authority shall undertake the operation and control of the said Bridge; and it shall at the same time provide for the assumption of all outstanding obligations of the Delaware Interstate Highway Division for the construction, maintenance, improvement and operation of the said Bridge and shall take over all personnel, maps, books, records, revenues, funds and other assets relating thereto.
17 Del. C. § 424 — Delaware Code / Title 17 / Chapter 4 / Section 424
§ Â
        424. Pecuniary interest of member or employee; penalty.
Status: in_force

Whoever, being a member or employee of the Department, is directly or indirectly pecuniarily interested in any contract or subcontract made in connection with the construction, improvement, repair, operation or maintenance of any toll crossing operated or maintained by the Department shall be fined not more than $1,000 or imprisoned not more than 2 years or both.
17 Del. C. § 526 — Delaware Code / Title 17 / Chapter 5 / Section 526
§ Â
        526. Restrictions against commercial use of State rights-of-way; site-based enforcement mechanisms.
Status: in_force

(a) Except as provided in subsection (b) of this section, there shall be no commercial activity within any rights-of-way under the Department’s jurisdiction in the unincorporated areas of the State. As used herein, “commercial activity” includes, without limitation, such activities as the placement of news boxes in such rights-of-way for the sale of newspapers, the placement of vending machines in such rights-of-way for the sale of goods, the placement of commercial advertising signs in such rights-of-way or the sale of goods from vehicles parked within such rights-of-way. If a commercial activity occurs within the clear zone of any such rights-of-way, the Department shall treat the machines, fixtures, signs or other materials used in such activity as an artificial obstruction under § 525 of this title, and may undertake the immediate removal of said materials as authorized therein.

(b) Any of the following commercial uses of the rights-of-way shall be subject to enforcement under Chapter 11 of this title:

(1) Commercial activities occurring outside the clear zone; or

(2) The placement of nonofficial signs outside the clear zone; or

(3) The placement of vending machines at designated locations at safety roadside rest areas, as permitted by § 132(c)(14) of this title; or

(4) The placement of news boxes outside the clear zone; or

(5) Signs displayed on any school bus waiting shelter located with the approval of the Department of Education; or

(6) Nonofficial signs displayed on transit shelters pursuant to Department-approved contracts.
17 Del. C. § 318 — Delaware Code / Title 17 / Chapter 3 / Section 318
§ Â
        318. Authority to issue bonds.
Status: in_force

(a) (1) The Department may provide by resolution, at 1 time or from time to time, for the issuance in the name of the State of revenue bonds of the State, not to exceed in the aggregate principal amount the sum of $49,050,000, including such bonds as were issued prior to the enactment of this Code, for the purpose of paying all or any part of the costs of construction of the Bridge, as defined in this chapter, or any additions thereto or improvements thereof.

(2) The principal and interest of such bonds shall be payable solely from the special fund provided in this chapter for such payment, and no part of the revenues of the Department from other sources shall in any manner be expended for the purpose of defraying the costs of the Bridge or any part thereof.

(3) a. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding 4 percent per annum, payable semiannually, shall mature at such time or times and may be made redeemable before maturity at such price or prices and under such terms and conditions as may be fixed by the Department prior to the issuance of the bonds.

b. The principal and interest of such bonds may be made payable in any lawful medium.

(4) The Department shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof which may be at any bank or trust company within or without the State.

(5) a. The bonds shall be signed by the Secretary of the Department and the Great Seal of the State, or a facsimile thereof, shall be affixed thereto and shall be attested by the Secretary of State, and any coupons attached thereto shall bear the facsimile signature of the Secretary of the Department.

b. In case any officer whose signature or a facsimile thereof shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if the officer had remained in office until such delivery.

(6) All revenue bonds issued under this chapter shall have, and are hereby declared to have, as between successive holders, all the qualities and incidents of negotiable instruments under the Negotiable Instruments Law of this State.

(7) Such bonds and the income therefrom shall be exempt from all taxation by the State or by any political subdivision, agency or authority thereof.

(8) The bonds may be issued in coupon or in registered form or both as the Department may determine and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest and for the reconversion of any bonds registered both as to principal and interest into coupon bonds.

(9) The Department may sell such bonds either at public or private sale in such manner and for such price as it may determine to be for the best interests of the State, but no such sale shall be made at a price so low as to require the payment of interest on money received therefor at more than 4 percent per annum, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values.

(b) (1) The proceeds of such bonds shall be used solely for the payment of the cost of construction of the Bridge and its approaches and connections and additions thereto and improvements thereof and shall be disbursed upon requests of the Secretary of the Department under such restrictions, if any, as the resolution authorizing the issuance of such bonds or the trust indenture mentioned in this chapter may provide.

(2) The proceeds of such bonds shall at no time revert to the General Fund of the State Treasury but shall at all times remain available to the Department for the purposes herein set out.

(3) If the proceeds of such bonds, by error of estimates or otherwise, shall be less than the cost of the project, additional bonds may in like manner be issued to provide the amount of such deficit; provided that the aggregate principal amount of such additional bonds, together with the principal amount of all bonds theretofore issued, shall not exceed the sum of $49,050,000 and, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose.

(4) If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds.

(c) (1) Prior to the preparation of definitive bonds, the Department may, under like restrictions, issue temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.

(2) The Department may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.

(3) Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified and required by this chapter.
17 Del. C. § 145 — Delaware Code / Title 17 / Chapter 1 / Subchapter III / Section 145
§ Â
        145. Corridor capacity preservation.
Status: in_force

(a) Application. — This section is applicable only to transportation routes categorized as corridor capacity preservation projects as described herein.

(b) Definitions. — As used in this section:

(1) “Comprehensive development plan” means a comprehensive land use plan, master plan or comprehensive plan as provided in Title 9, 22, or 29.

(2) “Corridor” means a particular route of 1 or more highways of this State, serving predominantly statewide and/or regional travel at a high level of service at the time of the analysis conducted under subsection (d) of this section.

(3) “Corridor capacity” means the ability of a corridor to sustain its level of service for a period of at least 10 years and for up to 20 years.

(4) “Department” means the Department of Transportation.

(5) “Preservation” means to maintain corridor capacity.

(c) Findings. — (1) Pursuant to federal and state law, the Department is required to develop long-range plans and principles to consider the various appropriate means of meeting the transportation needs of the State. This work is coordinated with the planning efforts of metropolitan planning organizations pursuant to 23 U.S.C. §  134 et seq. As part of these long-range plans and principles, the Department may identify transportation routes requiring corridor capacity preservation in order to:

a. Focus development toward existing locations;

b. Reduce the need for expansion of the transportation system; and

c. Otherwise advance the quality of life of Delawareans and the development policies adopted by the Cabinet Committee on State Planning Issues.

(2) Pursuant to the Quality of Life Act of 1988, Chapters 26, 49, and 69 of Title 9, as well as the Land Use Planning Act, Chapter 92 of Title 29, each county of this State is required to adopt a comprehensive development plan to guide and control future development. Each plan, which is to have the force and effect of law, includes among its purposes the facilitation of the adequate and efficient provision of transportation. These plans are reviewed by the Cabinet Committee on State Planning Issues to determine their compliance with the State’s development policies, including the Department’s long-range plans and principles. The State is under no obligation to provide infrastructure improvements to support land use or development actions where a county’s comprehensive plans are inconsistent with the State’s policies. In addition, pursuant to Chapter 3 of Title 22, municipalities are also required to develop comprehensive development plans, with relief of congestion constituting one of the goals of such plans. As part of this coordinated process, therefore, the comprehensive development plans adopted by the counties and municipalities should incorporate the Department’s designation of transportation routes requiring corridor capacity preservation.

(3) This legislation is intended to facilitate the acquisition of property interests sufficient to provide corridor capacity preservation in keeping with these comprehensive development plans and the Department’s long-range plans.

(d) Implementation. — On or before October 1, 1996, and every 3 years thereafter, under 23 U.S.C. § 134 et seq., the Department’s long-range plans shall propose transportation routes requiring corridor capacity preservation, if any. The determination of these routes shall be based upon the following criteria: Level of service analysis; input and comment from the counties and municipalities to the need within growth areas; development trends; traffic growth; additional threats to roadway integrity; safety; support for long range planning goals of the Department and any relevant metropolitan planning organization; deliverability; economic impacts; social or environmental impacts; and air quality. The location of these routes shall be submitted to the local government bodies of the counties and municipalities for review and then presented to the public at a public hearing. The local governing bodies shall have 90 days to review the locations and respond to the Department. The Department shall, after considering public comments and the responses of the local governing bodies of the municipalities and counties, determine those routes requiring corridor capacity preservation. Each county and municipality shall incorporate these determinations into their comprehensive development plans or amendments thereto. Any subsequent Departmental corridor capacity preservation projects shall be subject to the same approval process as other capital projects. When approved by the Council on Transportation and adopted by the General Assembly, the Department may then proceed to pursue these projects as set forth each year in the Department’s Capital Transportation Program. Property interests acquired for these projects under this section shall be in fee simple absolute or such lesser interest as the Department may deem appropriate. Acquisition of such property interests may be obtained by gift, devise, purchase, or in the exercise of the power of eminent domain, by condemnation in the manner prescribed in Chapter 61 of Title 10, subject to the provisions of Chapter 95 of Title 29.

(e) Effect on other powers. — The powers conveyed to the Department by this section are in addition to and not in derogation of any other powers it may have related to corridor capacity preservation, including but not limited to the power to seek voluntary compliance with its policies, to regulate subdivision streets intended for state maintenance, and the power to regulate access to and from state-maintained highways.
17 Del. C. § 517 — Delaware Code / Title 17 / Chapter 5 / Section 517
§ Â
        517. Boulevard corporations.
Status: in_force

Article 10, Chapter 65 of the Revised Code of Delaware 1935 shall continue in full force and effect as to boulevard corporations established according to law and existing at the time of the effective date of this Code.
17 Del. C. § 132 — Delaware Code / Title 17 / Chapter 1 / Subchapter III / Section 132
§ Â
        132. General powers and duties.
Status: in_force

(a) The Department shall acquire full information concerning the roads of this State, the nature and improvement thereof, the needs thereof and the character and amount of traffic thereon and such other details as may be necessary or desirable for the Department to have in the performance of its duty of determining upon and laying out, without regard to any personal advantage or disadvantage or bias toward any person or persons, community or political party or organization, consistent and congruous route or routes of state highways with a view to establishing such a consistent, congruous, comprehensive and permanent system of state highways along the route or routes of travel as will accommodate the greatest needs of the people of this State.

(b) The Department shall:

(1) Determine upon, lay out, construct or reconstruct state highways so as to make roads which, with reasonable maintenance, shall be permanent;

(2) Maintain all state highways under its jurisdiction;

(3) Maintain a system of accounting adequate to give in detail the expenditures of the Department and the costs of its works;

(4) Keep full and accurate minutes of all meetings and records of all proceedings of the Department, which minutes and records shall be public records;

(5) Reimburse the owner thereof for the expense (as hereinafter defined) of the relocation of public utility facilities necessitated by any project where the State is to be reimbursed by at least 90% of the cost of such project from federal funds or by the federal government or any agency thereof, such expense to be the amount paid by such owner properly attributable to such relocation after deducting therefrom any increase in the value of the new facilities and any salvage value derived from the old facilities;

(6) Install on state land the tile necessary, in the opinion of the Department, to provide adequate entrances and exits to and from the property of adjoining landowners provided:

a. The tile is supplied by the adjoining landowners;

b. The tile conforms to the specifications established from time to time by the Department; and

c. The property is a single residential lot occupied or to be occupied by the land owners and intended for residential use only; or

d. The property is agricultural use land. “Agricultural use land” shall mean land devoted to the production for sale of plants and animals useful to humans, including but not limited to: Forages and sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; or when devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to soil conversation program under an agreement with an agency of the federal government.

Nothing contained in this subsection shall relieve the Department from the responsibility for replacing tile originally installed by the Department or any governmental agency and subsequently damaged by operations of the Department;

(7) Maintain the Van Buren Street Bridge over the Brandywine Creek;

(8) Provide relocation assistance to persons displaced as a result of the acquisition for highway purposes of real property upon which they live or conduct a business or farm operation in accordance with Chapter 91 of Title 29.

(c) To these ends the Department may do the following:

(1) Determine upon and lay out a system of state highways.

(2) Take over and convert into state highways any public road by whatever name such road or part thereof, or under whatever authority or control such road or part thereof, may have theretofore existed.

(3) Lay out, open, widen, straighten, grade, extend, construct, reconstruct, and maintain any state highway or proposed state highway for the purpose of the improvement of state highways.

(4) Acquire by condemnation or otherwise any land, easement, franchise, material, or property, which, in the judgment of the Department, shall be necessary therefor, provided that the Department may not reconstruct a highway unless there will result a net saving or reconstruction, further provided that § 145 of this title may not be deemed to be inconsistent with the provisions under this paragraph (c)(4).

(5) Have access to and make copies of maps, surveys, data, or information which any state agency may possess concerning any road in the State.

(6) Employ and discharge professional or technical experts, surveyors, agents, assistants, clerks, employees and laborers, skilled and unskilled, and also such advisers and consultants as may be required to accomplish the purposes of the chapter and the other responsibilities of the Department. In the event that the size of the Capital Transportation Program requires overtime to administer in a timely manner, or in the event that: (i) The federal government makes available additional funding for transportation projects which are part of the Department’s Capital Transportation Program; and (ii) use of these funds in a particular federal fiscal year is required to access these funds; and (iii) overtime is required to administer the program within that federal fiscal year to assure the use of these funds, then for these purposes the Department may pay overtime moneys to those employed under this subsection, any relevant Delaware law, rule, or regulation to the contrary notwithstanding.

(7) Secure and furnish offices and quarters for the Department.

(8) Exclusively grant franchises and licenses to public service corporations or to corporations furnishing gasoline or petroleum products to the air field installation operated by the federal government in Kent County, to use the state highways, in whole or in part, for a term not exceeding 50 years; provided, however, that any franchise or license granted to any such corporation furnishing gasoline or petroleum products to said air field installation shall restrict the use of said state highways to the transmission of gasoline or petroleum products to said air field installation. Any franchise or license owned by any public service corporation on April 2, 1917, is not be affected by this chapter.

(9) Make and enter into any and all contracts, agreements or stipulations for the execution of the purposes of this chapter.

(10) Purchase all machinery, tools, supplies, material, and instrumentalities whatsoever which may be necessary for the full performance of its duties.

(11) Call upon the Attorney General for the Attorney General’s opinion or advice touching its duties or powers.

(12) Accept lands by easement or lease in the name of the State in areas where it is deemed necessary to establish dumping areas for the use of the public, supervise and control all areas so accepted and provide suitable passageways to the dumping areas and further, police the areas in order to prevent the spread of pests and disease and make such other regulations and rules as shall be deemed necessary for the purpose of carrying out the intent and purpose of this paragraph.

(13) Enter upon the lands or waters of any person for the purpose of surveys, repairs, reconstruction, and operation of publicly financed improvements but subject at all times to responsibility for all and any damages which shall be done to the property of any such person or persons. Water levels to be maintained back of publicly financed sluices, water control structures, dams, and similar structures shall be at a level that will not cause damage to adjoining property, such as seepage of water into basements and wells, and that no lands may be flooded without the owners’ full consent.

(14) Place vending machines or other items that will enable drivers to be more rested and refreshed in safety roadside rest areas, unless prohibited by federal laws, rules, or regulations. Any profits derived from such items must be credited to the Department of Transportation Safety Roadside Rest Area Fund.

a. There is hereby created within the State Treasury a special fund to be designated as the Department of Transportation Safety Roadside Rest Area Fund which must be used in the operation and maintenance of the roadside rest areas under the jurisdiction of the Department.

b. Any profits realized by the Department from items available at existing roadside rest areas that are for the purpose of enabling drivers to be more rested and refreshed must be deposited in the State Treasury to the credit of said Department of Transportation Safety Roadside Rest Area Fund. Such profits must be used by the Department for the operation and maintenance of the safety roadside rest area facilities within its jurisdiction.

(d) The Department may also do whatever is incidental and germane to the scope of the duties and powers conferred on it by law.

(e) The general powers and duties conferred upon the Department by this section shall be exercised by it by the establishment and supervision of any and all policies pursuant to which such powers and duties shall be carried out.

(f) Whenever the Department of Transportation widens, constructs or reconstructs any major arterial, minor arterial, collector road or proposed road in an urbanized area of this State, the Department shall incorporate within such plans, layout, widening, construction or reconstruction the construction of sidewalks, provided there is a need for sidewalks or that it can be reasonably anticipated that the need for sidewalks will exist. The Department shall have the responsibility for determining whether such need for sidewalks does or will exist for all or any part of any such project and, before arriving at a decision as to the need of such sidewalk construction, shall consult with the county department of planning, the State Planning Office, the Department of Education and the local school district in which the proposed new road construction or road widening construction is to take place. The cost of such sidewalk construction shall be included in the total cost of the new road construction or road widening project. This subsection shall apply only to projects funded pursuant to acts authorizing the State to borrow money and issue bonds and notes for capital improvements, enacted after January 1, 1973.

(g) The Department shall have exclusive original supervision and regulation of all public carriers and also over their property, property rights, equipment, facilities, franchises, rates, fares, tariffs, regulations, practices, measurements and services.

(h) The Department may work in conjunction with any political subdivision of the State and with any private organization to plan and construct such bicycle and pedestrian transportation facilities as may be appropriate. In carrying out this portion of its overall program, the Department may take into consideration in scheduling its projects those in which the affected local community is willing to contribute a matching share (whether in cash, rights of way, or other in-kind services) in order to accomplish the project.
17 Del. C. § 414 — Delaware Code / Title 17 / Chapter 4 / Section 414
§ Â
        414. Bonds for refunding of outstanding obligations.
Status: in_force

The Department may issue, in the name of the State, revenue bonds of the State, payable solely from the revenues of the Department, at any time after July 27, 1955, for the purpose of refunding at or prior to maturity, all bonds issued prior to such date under the authority of 45 Del. Laws, c. 275, as amended, in an aggregate principal amount not exceeding the principal amount of said outstanding bonds and the redemption premium, if any, required to be paid upon their redemption prior to maturity, the fees and expenses of the trustee named in the indenture and supplemental indentures securing such bonds, the interest which will become due upon such bonds to the date of their redemption and all legal and other expenses incident to the issuance of said bonds, and the Department may deposit with the trustee named in the indenture and supplemental indentures securing the payment of said outstanding bonds, out of the proceeds of such refunding bonds, such amount as shall be required to authorize such trustee to satisfy such indenture and supplemental indentures.
17 Del. C. § 508 — Delaware Code / Title 17 / Chapter 5 / Section 508
§ Â
        508. Dedication of new roads and streets for state maintenance; approval required; security.
Status: in_force

(a) (1) As used in this section, “developer” means the owner of real property on which residential or commercial development is occurring, or the person actually engaged in the development or construction of residential or commercial property.

(2) This section applies to a residential or commercial development which the Department determines affects or requires access to state-maintained highways, streets, or roads.

(3) A person, firm, or corporation may not construct, or cause to be constructed, a new road or street outside the corporate limits of any municipality and intended to be dedicated by the owner of the road or street to this State for public use, including the initial installation of traffic and street name signs, unless the road or street is in conformity with this section and with plans and specifications approved by the Department.

(4) At a minimum, the initial installation of road or street name signs must include the placement of the signs at each intersection of the new road or street with any other road or street, capable of being read from each direction on a road or street at each intersection.

(5) The new road or street is a continuation of an existing or proposed public road designed to be part of the general highway system of the State.

(6) The construction of a new road or street must be performed under a written agreement with the Department, signed by the developer, that includes all of the following:

a. The plans and specifications approved by the Department.

b. The posted security for completion required under paragraph (b)(1) of this section.

c. The location of any decorative subdivision entrance signs installed by the developer.

d. Any other terms the Department determines may be necessary.

(7) a. The Department shall accept a road or street constructed in compliance with this section and the rules, regulations, and standards adopted by the Department under this section into the state maintenance system.

b. Notwithstanding paragraph (a)(7)a. of this section, the Department has the sole discretion as to whether a road or street constructed to serve a dwelling, building, facility, or other structure is accepted into the state maintenance system.

(b) (1) Except as provided by paragraph (b)(3) of this section, before commencement of construction under this section, including the installation of utilities within the dedicated right-of-way, a developer shall first post with the Department a good and sufficient bond, certified check, letter of credit, or other form of security acceptable to the Department in a manner and form approved by the Department and in the amount of 150% of the estimated cost of top coat as approved by the Department. The bond, certified check, letter of credit, or other form of security acceptable to the Department must be conditioned on the faithful performance and satisfactory completion of the obligations imposed by subsection (a) of this section.

(2) a. If top coat is not underway 7 years from the date the bond, certified check, letter of credit, or other form of security acceptable to the Department is posted with the Department under paragraph (b)(1) or (b)(3) of this section, the estimate to complete top coat must be revised to reflect current costs and the developer must post any security the Department deems necessary to meet the requirements of paragraph (b)(1) or (b)(3) of this section.

b. The process under paragraph (b)(2)a. of this section is to be repeated every 5 years until the developer complies with the written agreement entered into under paragraph (a)(6) of this section.

(3) If a developer, regardless of corporate name, has been adjudged by the Department to be in violation of this section or has not maintained a satisfactory record of compliance on repair and construction completion as determined by the Department, the Department may require a bond, certified check, letter of credit, or other form of security acceptable to the Department, consistent with this subsection in an amount of at least 100%, but not more 125%, of the cost of the construction.

(c) (1) The Department shall inspect a new road or street being constructed under this section and any construction, including utilities within the road or street right-of-way, to ensure the construction is in conformity with standards, plans, and specifications approved by the Department. On dedication of the right-of-way to the public use and satisfactory completion of the road or street construction, including connection to an existing state maintained highway, street, or road, the Department shall do all of the following:

a. Notify the developer that the road or street has been accepted into the state maintenance system and that the dedicated right-of-way has been accepted according to the terms of the acceptance.

b. Release to the developer the bond, certified check, letter of credit, or other security acceptable to the Department posted by the developer under subsection (b) of this section.

(2) A signature from a Department inspector must be obtained before the Department can accept a road or street from a developer into the state maintenance system.

(3) The Department shall inform by letter an officer of the maintenance association, if any, in the development in which the road or street will be dedicated, that the Department has accepted the road or street from the developer. The Department shall send copies of the letter to the state Senator and state Representative for the senatorial and representative district in which the road or street is located. The letter must indicate the acceptance date of the road or street and an explanation of the State’s 3-year good faith warranty.

(4) The Department, on acceptance of a road or street, shall assume the sole and absolute care, management, and control of the new road or street as a public road or street. Until the Department accepts a new road or street, the developer or the developer’s legal successor in interest is solely responsible for maintenance of the road or street.

(5) a. The Department’s standards for a new road or street include a requirement that a decorative sign that includes the name of the subdivision and a logo of the State’s famous patriot, Caesar Rodney be installed at each newly approved subdivision and be paid for by the developer of the subdivision.

b. A subdivision in existence on July 1, 2005, may request the Department to install a decorative sign required under paragraph (c)(5)a. of this section in place of other signs previously used by the Department. The requested decorative sign must be paid for by the subdivision or from Community Transportation Funds allocated by a legislator who requests the decorative sign.

c. The Department shall replace a standard sign damaged by vandalism, accident, or the ravages of time with another standard sign under the Department’s regular maintenance program, unless the decorative alternative has been requested under the provisions of this subsection.

(d) The Department shall make and publish rules, regulations, standards, or specifications for planning, designing, constructing, and maintaining a new road or street.

(e) The bond, certified check, letter of credit, or other form of security acceptable to the Department posted with the Department under paragraph (b)(1) or (b)(3) of this section is immediately due and owing on failure of the developer to meet the obligations set forth in the agreement executed under this section. On failure of the developer to comply with the standards, plans, and specifications or with the terms of the agreement executed under this section, the Department may do 1 or more of the following:

(1) Withdraw any approval to construct a road or street which the Department has given under this section and may, after the withdrawal of the approval, notify the appropriate governmental agency to cease issuance of occupancy permits for dwellings in the construction area.

(2) Proceed to forfeiture of the bond, certified check, letter of credit, or other form of security acceptable to the Department posted under paragraph (b)(1) or (b)(3) of this section.

(3) Move to fine a violator under this section.

(4) Seek specific performance of the developer’s agreement.

(5) Conditionally accept and satisfactorily complete the road or street and recover damages in the amount of completion costs and incidental expenses from the developer.

(6) Institute whatever other legal or equitable action is necessary to cause the road or street to be completed.

(f) A developer that does not comply with this section within 100 days of written notification by the Department of a violation is to be punished by a fine of not less than $100 nor more than $1,000 for each offense and the further sum in an amount equal to the amount fined for the initial offense for each day the violation exists. The total fine imposed under this subsection may not exceed the total estimated cost of the construction and incidental expenses related to the construction of the road or street.

(g) Any funds received as the result of action taken under this section must be utilized by the Department to carry out the general purposes of this title.

(h) A developer found in violation of this section by the Department is prohibited from conducting business in the State until all conditions created by the developer constituting a violation of this section have been corrected to the satisfaction of the Department.

(i) The Justice of the Peace Court has jurisdiction over a violation of this section. The Court may order forfeiture of the security required under paragraph (b)(1) or (b)(3) of this section and may impose a fine under subsection (f) of this section.
17 Del. C. § 310 — Delaware Code / Title 17 / Chapter 3 / Section 310
§ Â
        310. Insurance.
Status: in_force

The Department shall procure and keep in force adequate insurance upon the Bridge, including adequate use and occupancy insurance as well as insurance to defray the cost of removing obstacles from the Delaware River in the event of a collapse or other injury to such Bridge.
17 Del. C. § 1310 — Delaware Code / Title 17 / Chapter 13 / Section 1310
§ Â
        1310. Power of railroads to vacate roads in special cases by agreement.
Status: in_force

A railroad company by agreement with the landowners interested, and the approval of both the Department and the county wherein the road is located, may, without proceedings provided for in this chapter, change, at the expense of such company, any public or private road whenever a change will add to the safety of public travel. The change shall be made subject to the approval of the Department and of the county wherein the road is located, and shall be certified in writing and appended to a draft thereof, which draft and certification, returned to and recorded by the Prothonotary of the county wherein the same is located, shall, to all intents and purposes, confirm the change.
17 Del. C. § 1110 — Delaware Code / Title 17 / Chapter 11 / Subchapter I / Section 1110
§ Â
        1110. Delaware Byways Program.
Status: in_force

In order to provide criteria for the size, spacing and lighting of signs which effectively control the erection of outdoor advertising signs, displays and devices erected subsequent to July 14, 1969, other than those advertising the sale or lease of the property on which they are located, or activities conducted thereon, the Department establishes the following criteria for use in making, publishing and enforcing regulations:

(1) In zoned commercial and industrial areas, the Department shall certify to the administrator as notice of effective control that there have been established within such areas regulations which are effective and are enforced with respect to the size, lighting and spacing of outdoor advertising signs, displays and devices. In such areas, the size, lighting and spacing requirements set forth below shall not apply.

(2) In all other zoned and unzoned commercial and industrial areas, the criteria set forth below shall apply:

a. Construction of signs. — 1. The maximum area for any 1 sign shall be 1,200 square feet with a maximum height of 25 feet and maximum length of 60 feet, inclusive of any border and trim but excluding ornamental base or apron, supports and other structural members.

2. The area of the sign shall be computed by the sign maker utilizing the most practical method which encompasses the entire sign and this data shall be submitted to the Division of Highways upon application for permit.

3. A sign structure may contain 1 or 2 signs per facing and 2 sign facings may be placed back to back or V-type at 1 location but in no event shall the total area of any facing exceed 1,200 square feet.

4. A sign which exceeds 600 square feet in area may not be on the same sign facing with any other sign.

5. All newly erected, rebuilt or replaced sign structures shall be constructed in accordance with the applicable wind pressure standards of the local building code, or, in the absence of such requirement, shall be constructed to withstand a minimum wind pressure of 25 pounds per square foot.

b. Spacing of signs. — 1. Interstate and federal aid primary highways. — Signs may not be located in such a manner as to obscure, or otherwise physically interfere with the effectiveness of an official traffic sign, signal or device, or obstruct or physically interfere with the driver’s view of approaching, merging or intersecting traffic. Except for roof signs, wall signs and free standing signs against the wall of a building, no ground sign shall be placed within 35 feet of either highway right-of-way at an intersection where they converge, unless the base of such sign shall be at least 8 feet above ground level or road bed, whichever is higher.

2. Interstate highways and controlled access highways on the federal aid primary system. —

A. No 2 structures shall be spaced less than 500 feet apart.

B. Outside of incorporated cities and towns, no structure may be located within 500 feet of an interchange, intersection at grade, rest area or information center (measured along the interstate or freeway from the beginning or ending of pavement widening at the exit from or entrance to the main traveled way).

3. Noncontrolled access federal aid primary highways. —

A. Outside of incorporated cities and towns, no 2 structures shall be spaced less than 300 feet apart.

B. Within incorporated cities and towns, no 2 structures shall be spaced less than 100 feet apart.

4. The above spacing-between-structures provisions do not apply to structures separated by buildings or other obstructions in such a manner that only 1 sign facing located within the above spacing distances is visible from the highway at any 1 time.

5. Official and “on premise” signs, as defined in subsection (c) of § 131 of Title 23, United States Code, and structures that are not lawfully maintained shall not be counted nor shall measurements be made from them for purposes of determining compliance with spacing requirements.

6. The minimum distance between structures shall be measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway and shall apply only to structures located on the same side of the highway.

c. Lighting. — Signs may be illuminated, subject to the following restrictions.

1. Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited, except those giving public service information such as time, date, temperature, weather, or traffic conditions, or as defined in paragraph (2)c.5. of this section.

2. Signs which are not effectively shielded to prevent beams or rays of light from being directed at any portion of the traveled ways of an interstate or federal-aid primary highway and which are of such intensity or brilliance as to cause glare or to impair the vision of a driver of a motor vehicle or which otherwise obscure or interfere with a driver’s operation of a motor vehicle are prohibited.

3. A sign may not be illuminated so that it interferes with the effectiveness of, or obscures, an official traffic control device such as a sign or signal.

4. All lighting is subject to any other provisions of law relating to the lighting of signs presently applicable to all highways under the jurisdiction of the State.

5. Notwithstanding the provisions of paragraphs (2)c.1. through (2)c.4. of this section, signs commonly known as variable message signs may be changed at intervals by electronic or mechanical process or remote control, and are permitted within 660 feet of the edge of the right-of-way of any interstate or federal-aid primary highway so designated as of June 1, 1991, and of the National Highway System. These variable message signs are permitted, except as prohibited by local ordinance or zoning regulation or by the Delaware federal-state outdoor advertising agreement of May 1, 1968, and are not considered to be in violation of flashing, intermittent, or moving lights criteria provided that:

A. Each message remains fixed for a minimum of at least 10 seconds.

B. When the message is changed, it must be accomplished in 1 second or less, with all moving parts or illumination changing simultaneously and in unison.

C. A variable message sign along the same roadway and facing in the same direction of travel may not be placed, as measured along the centerline of the roadway, within 2,500 feet of another variable message sign, or within 500 feet of a static billboard sign regulated by this section, or within 1,000 feet of an interchange, interstate junction of merging or diverging traffic, or an at-grade intersection.

D. A variable message sign must contain a default design that will freeze the sign in 1 position if a malfunction occurs or, in the alternative, that will shut down.

E. A variable message sign may not contain or display any lights, effects, or messages that flash, move, appear to be animated or to move, scroll, or change in intensity during the fixed display period. A variable message sign must appropriately adjust display brightness as ambient light levels change.

F. A sign that attempts or appears to attempt to direct the movement of traffic or which contains wording, color, shapes, or likenesses of official traffic control devices is prohibited.

G. A sign may not be placed along designated Delaware byways.

d. The State and local political subdivisions shall have full authority under their own zoning laws to zone areas for commercial or industrial purposes and the action of the State and local political subdivisions in this regard will be accepted for the purposes of this chapter. At any time that a political subdivision adopts regulations which include the size, lighting and spacing of outdoor advertising, the State shall so certify to the administrator and control of outdoor advertising in commercial or industrial areas will transfer to paragraph (1) of this section.
17 Del. C. § 1206 — Delaware Code / Title 17 / Chapter 12 / Section 1206
§ Â
        1206. Screening, relocation, removal or disposal of lawfully preexisting junkyards.
Status: in_force

Any junkyard lawfully in existence on the effective date of this chapter any portion of which is within a controlled area and which is not in any of the classes specified in § 1205(a)(2), (3) and (4) of this title shall be screened, if physically and economically feasible, by the Department at locations on the highway right-of-way or in areas acquired for such purposes outside the right-of-way, so as not to be visible from the main-traveled way of the highway of the interstate or primary systems. Any such junkyard which the Department determines cannot, as a practical matter, be screened pursuant to this section shall be relocated, removed or disposed of by the owner thereof.
17 Del. C. § 174 — Delaware Code / Title 17 / Chapter 1 / Subchapter V / Section 174
§ Â
        174. Design of controlled-access facility.
Status: in_force

The Department may so design any controlled-access facility and so regulate, restrict or prohibit access as to best serve the traffic for which such facility is intended. In this connection the Department may divide and separate any controlled-access facility into separate roadways by the construction of raised curbings, central dividing sections or other physical separations or by designating such separate roadways by signs, markers, stripes and the proper lane for such traffic by appropriate signs, markers, stripes and other devices. No person shall have any right of ingress or egress to, from or across controlled-access facilities to or from abutting lands, except at such designated points at which access may be permitted, upon such terms and conditions as may be specified from time to time.
17 Del. C. § 406 — Delaware Code / Title 17 / Chapter 4 / Section 406
§ Â
        406. Acquisition of property for toll crossings.
Status: in_force

(a) The Department may purchase within this State and within the State of New Jersey, if permitted to do so by the laws of that State, such lands, sand, earth, gravel, stone, buildings, structures, rights-of-way, franchises, easements and other interests in land, including lands under water and riparian rights of any person, copartnership, association, railroad or other corporation or other municipality or political subdivision deemed by the Department to be necessary for the construction, maintenance or operation of any toll crossing which the Department may acquire, construct or maintain under this chapter upon such terms and at such prices as may be considered by it to be reasonable and can be agreed upon by it and the owner thereof and to take title thereto in the name of the State or, if such property so purchased be located in the State of New Jersey, to take title thereto in the name of the Department if permitted by the laws of the State of New Jersey to do so, or, in the discretion of the Department, to take such title in the name of an individual or a corporation as trustee for the Department. Whenever a price cannot be agreed upon or whenever the owner is legally incapacitated or is absent or is unable to convey valid title or is unknown, the Department may acquire by condemnation any of the above mentioned properties located within this State and deemed by the Department to be necessary as aforesaid for said purposes.

(b) Whenever valid title to any of the properties mentioned in subsection (a) of this section which are located in the State of New Jersey cannot be acquired by the Department in its own name or in that of the trustee or nominee by amicable agreement with the owner or owners and the Highway Commissioner of the State of New Jersey or other appropriate officer or agency of the State of New Jersey is willing to condemn, for the use of and to become a part of the highway system of the State of New Jersey, and such property deemed by the Department necessary for constructing, maintaining or operating any toll crossing which the Department may construct and maintain, if reimbursed for the condemnation money or damages awarded in such condemnation and expenses thereof, the Department may enter into an agreement of reimbursement with the Highway Commissioner of the State of New Jersey or such other appropriate officer or agency for such condemnation money or damages and expenses and to secure the same by a deposit of cash or otherwise and may reimburse said Highway Commissioner of the State of New Jersey or the State of New Jersey or other appropriate officer or agency thereof for all condemnation money or damages and costs legally awarded or incurred in such condemnation. When such property is so acquired by the Highway Commissioner of the State of New Jersey or other appropriate officer or agency of said State as a part of the highway system of that State, the Department may construct, maintain and operate thereon or thereunder any toll crossing which the Department may construct and maintain under this chapter as fully as though title thereto had been acquired by the Department. The Department shall pay all costs and expenses of acquiring such properties out of its unencumbered revenues or out of the proceeds of the sale of its revenue bonds.
17 Del. C. § 405 — Delaware Code / Title 17 / Chapter 4 / Section 405
§ Â
        405. Construction of toll crossings, highways, express highways and parallel service roads; operation of competitive commercial enterprises.
Status: in_force

The Department may, with the approval of the Governor, construct toll crossings over or under the Delaware River between the State of Delaware and the State of New Jersey and may construct, reconstruct or improve such highways and express highways, as defined in § 101 of this title, in the State as the Department, in its sole discretion, designates necessary to carry traffic to and from the Delaware Memorial Bridge and to and from any other toll crossing constructed after July 27, 1955, or to be constructed, by the Department under this chapter, provided that no commercial enterprise or activity for serving motorists, other than emergency services for disabled vehicles, shall be conducted within or on any property designated as, or acquired for or in connection with any such express highway. The Department may construct on such property at locations it deems appropriate connecting service roads parallel to such express highways in such manner as to facilitate the establishment and operation of competitive commercial enterprises for serving motorists on private property abutting such service roads. The cost of such parallel service roads may be included in the cost of construction, reconstruction or improvement of expressways authorized in this chapter. In considering any construction, reconstruction or improvement of highways as herein authorized, the Department shall give first consideration to express highways for the use of traffic to and from the Delaware Memorial Bridge.
17 Del. C. § 328 — Delaware Code / Title 17 / Chapter 3 / Section 328
§ Â
        328. State covenant for control of Bridge.
Status: in_force

The State covenants and agrees with the holders of any of the revenue bonds or other obligations issued by the Department under this chapter or any prior law for which there may be pledged the tolls, rents, rates or other revenues, or any part thereof, of the Bridge, that so long as any bonds or obligations remain outstanding and unpaid and unless and until adequate provision is made by law for the protection of the persons advancing money upon such obligations, the State will not diminish or impair the power of the Department or of any successor thereof to own, operate or control such Bridge and appurtenances or to establish, levy and collect tolls, rents, rates and other charges in connection therewith.
17 Del. C. § 1209 — Delaware Code / Title 17 / Chapter 12 / Section 1209
§ Â
        1209. Public nuisance; screening or relocation, etc., of noncomplying junkyards; action to recover expenses.
Status: in_force

(a) Any junkyard which is established, maintained or operated in violation of this chapter is a public nuisance.

(b) The Department may screen, relocate, remove or dispose of any junkyard or portion thereof which is established or maintained in violation of this chapter or the regulations prescribed thereunder after a written notice has been posted on such property for a period of 30 days and a copy thereof has been forwarded by mail to the owner of such junkyard at the owner’s last known address.

(c) All costs incurred under this section in screening, relocating, removing or disposing of such junkyards shall be the responsibility of the owner thereof and the Department shall have an action at law to recover such costs as well as the expenses of suit.
17 Del. C. § 1006 — Delaware Code / Title 17 / Chapter 10 / Subchapter I / Section 1006
§ Â
        1006. Bicycle access to highways.
Status: in_force

Nothing in this chapter shall be construed as a limitation of the use of bicycles on existing roads, streets, parkways and other thoroughfares by bicyclists even though such roadways are not specifically designated as bikeways, except as specified in § 4196(c) of Title 21.
17 Del. C. § 133 — Delaware Code / Title 17 / Chapter 1 / Subchapter III / Section 133
§ Â
        133. Road improvements; additions to state system.
Status: in_force

With respect to roads or portions thereof, the Department shall determine which if any, shall be improved and which, if any, shall be added to the state highway system.
17 Del. C. § 209 — Delaware Code / Title 17 / Chapter 1 / Subchapter VII / Section 209
§ Â
        209. Mitigation needs analysis.
Status: in_force

(a) Before the Department of Transportation removes, cuts or clears any landscape improvement, tree or forest from the site of a construction project, it shall conduct an analysis, or cause the same to be conducted, to determine the total area of landscape improvements, individual trees up to 50, or if more than 50, the total acres of trees that will be removed, cut or cleared in order to complete the project.

(b) Whenever the Department of Transportation constructs or widens any major arterial, interstate connector, minor arterial, collector road or proposed road in an urbanized area of this State, the Department shall incorporate in the plans therefore provision for all costs incurred in replacing, wherever possible, shade trees to be removed in order to execute the plan. Replacement shade trees shall be a minimum height of 16 feet, balled and burlapped nursery-grown stock, and all planting work shall be done in accordance with § 728 of the Delaware Department of Transportation Standard Specifications (January 1, 1974, or latest revised edition). The place of planting trees shall be in compliance with federal law and regulations relating to the distance such trees must be planted from the edge of the roadway.

(c) If the Department of Transportation determines that it will not remove, cut or clear any trees in order to complete the construction project, it shall incorporate into the construction plans landscape improvements to improve the rights of way within the project area only, in accordance with the Department’s standards as set forth herein.

(d) If the Department of Transportation determines that it will remove, cut or clear landscape improvements of 10 or fewer trees in order to complete the construction project, it shall incorporate into the construction plans requirements for landscape mitigation through the performance of landscaping and planting activities to improve the rights-of-way within the project area at a ratio of at least 1 new tree or shrub for every tree or shrub removed.

(e) If the Department of Transportation determines that it will remove more than 10 but fewer than 50 trees in order to complete the construction project, regardless of the number of acres on which those tree are situated, it shall incorporate into the construction plans requirements for landscaping and planting activities in Part II of this subchapter that will result in the planting of at least 2 trees for every tree to be removed, cut or cleared in order to complete the construction project.

(f) If the Department of Transportation determines that it will remove 50 or more trees in order to complete the construction project, it shall incorporate into the construction plans requirements for activities that will result in the reforestation of at least 1 acre of land for every acre of trees to be removed, cut or cleared in order to complete the construction project. The ratio of land on which reforestation activities occur to land from which 50 or more trees have been removed, cut or cleared shall apply equally to complete acres as well as fractions thereof.

(g) The Department of Transportation shall itself undertake the reforestation activities required pursuant to this section or shall cause the same to be undertaken.
17 Del. C. § 2002 — Delaware Code / Title 17 / Chapter 20 / Section 2002
§ Â
        2002. Definitions.
Status: in_force

For the purposes of this chapter:

(1) “Applicable codes” means laws, rules, regulations, engineering standards, engineering guidance, and established best practices as recognized by the Department of Transportation or the Federal Highway Administration.

(2) “Department” means the Delaware Department of Transportation.

(3) “Eligible energy resource” or “eligible energy resources” shall have the defined meaning in § 352 of Title 26.

(4) “Fair market rental rate” means a recurring rate for the use of the State’s roadway rights-of-way based on a fair market appraisal of the use of that land.

(5) “Offshore wind interconnection facilities” shall have the meaning defined in § 203F of Title 26.

(6) “Renewable energy developer” means a person or company, whether acting on its own behalf or acting as the agent of a renewable energy owner or renewable energy operator on a temporary basis, developing or constructing 1 or more eligible energy resources. A renewable energy developer may also be a renewable energy operator or a renewable energy owner.

(7) “Renewable energy entity” means any entity that is either a renewable energy developer, a renewable energy operator, a renewable energy owner, or any combination of these.

(8) “Renewable energy interconnection facilities” shall have the meaning defined in § 203F of Title 26.

(9) “Renewable energy operator” means a person or company, whether acting on its own behalf or acting as the agent of a renewable energy owner on a semi-permanent basis, operating 1 or more renewable energy resources.

(10) “Renewable energy owner” means a person or company who owns the renewable energy interconnection facilities to be located in the State-owned right-of-way.

(11) “Right-of-way” or “ROW” means all those lands owned by the State in fee simple or lesser rights or under the management or control of the Department and operated as a public roadway, whether located within or outside incorporated municipalities. A ROW may include lands owned and operated by the State such as bicycle and pedestrian pathways, and recreational trails or railroads that are separate from State-owned roadway rights of way.
17 Del. C. § 172 — Delaware Code / Title 17 / Chapter 1 / Subchapter V / Section 172
§ Â
        172. Definition of a controlled-access facility.
Status: in_force

For the purposes of this subchapter, a controlled-access facility is defined as a highway especially designed for through motor vehicle traffic, and over, from or to which owners or occupants of abutting land or other persons have no right or easement or only a controlled right or easement of access, light, air or view by reason of the fact that their property abuts upon such controlled-access facility or for any other reason. Such highways may be freeways open to use by all customary forms of highway traffic, or they may be parkways from which trucks, buses and other commercial vehicles shall be excluded, or they may be multi-modal corridors where the absence or restriction of turning vehicle movements enables safer movement of people and goods via multiple modes of travel.
17 Del. C. § 510 — Delaware Code / Title 17 / Chapter 5 / Section 510
§ Â
        510. Speed limit and weight limits on structure.
Status: in_force

(a) The Department may conduct an investigation of any public or private bridge, causeway, viaduct or other elevated structure which crosses any public highway regardless of the owner or the owners of said bridge, causeway, viaduct or elevated structure and regardless of what government has jurisdiction over it.

(b) If it finds that a public structure set forth in subsection (a) of this section cannot safely withstand vehicles traveling at the speed permissible under the Code, or cannot withstand vehicular gross weights, including carried load, permissible under the Code, the Department shall determine and declare the maximum speed or gross weight, including carried load, or both, of vehicles which such structure can withstand and shall cause or permit signs stating such maximum speed or gross weight, including carried load, to be erected and maintained before the entrance to such structure.

(c) If it finds that a private structure as set forth in subsection (a) of this section cannot withstand the usage to which it is being subjected, the Department shall declare the maximum usage to which the structure can be subjected. The Department shall notify the owner and/or user of the private structure, who shall not permit the maximum safe usage as determined by the Department to be exceeded.

(d) Whoever violates subsection (c) of this section shall be fined not less than $25 nor more than $500, or imprisoned not less than 10 days nor more than 30 days or both.
17 Del. C. § 1202 — Delaware Code / Title 17 / Chapter 12 / Section 1202
§ Â
        1202. Scope and definitions.
Status: in_force

(a) The powers and authority granted in this chapter are in derogation of no other powers or authority granted or created or exercised under any other statute, by a planning or zoning board or authority or other public officer, but shall be construed to be in addition to any such power or authority, which shall remain unaffected.

(b) As used in this chapter:

(1) “A controlled area” means, and “controlled areas” includes, any area inside the boundaries of this State which is adjacent to and within 1,000 feet of the nearest edge of the right-of-way of a highway of the interstate system or the primary system.

(2) “Automobile graveyard” means any establishment or place of business which is maintained, used or operated, for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts.

(3) “Illegal junkyard” means any junkyard which was established, operated and/or maintained in violation of Delaware law.

(4) “Interstate system” means that portion of the national system of interstate and defense highways located within this State, as officially designated, or as may hereafter be so designated, by the Department, and approved by the Secretary of Transportation pursuant to Title 23, United States Code, “Highways.”

(5) “Junk” means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material.

(6) “Junkyard” means an establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard. This definition includes scrap metal processors, auto-wrecking yards, salvage yards, scrap yards, auto-recycling yards, used auto parts yards and temporary storage of automobile bodies and parts awaiting disposal as a normal part of a business operation when the business will continually have like materials located on the premises. The definition includes garbage dumps and sanitary landfills. The definition does not include litter, trash and other debris scattered along or upon the highway, or temporary operations and outdoor storage of limited duration.

(7) The “laws of this State” includes a provision of the Constitution or statutes of this State, or an ordinance, rule or regulation enacted or adopted by an agency or political subdivision of this State pursuant to the Constitution or statutes.

(8) “Main-traveled way” means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main-traveled way. It does not include such facilities as frontage roads, turning roadways or parking areas.

(9) “Nonconforming junkyard” is one which was lawfully established, but which does not comply with the laws of this State or Department regulations passed at a later date or which later fails to comply with such law or regulations due to changed conditions.

(10) “Primary system” means that portion of connected main highways of this State officially designated as such, or as may hereafter be designated as such, by the Department, and approved by the Secretary of Transportation, pursuant to Title 23, United States Code, “Highways.”

(11) “Unzoned industrial areas” means those areas not zoned by any state, county or local authority, but used primarily for industrial purposes as determined by the Department. Outdoor advertising structures shall not be considered industrial.

(12) “Visible” means capable of being seen without visual aid by a person of normal visual acuity.

(13) “Zoned industrial areas” means those areas which are zoned for industry or manufacturing pursuant to a state, county or local zoning authority.
17 Del. C. § 210 — Delaware Code / Title 17 / Chapter 1 / Subchapter VII / Section 210
§ Â
        210. Inability to meet minimum requirements; alternate landscaping and planting activities.
Status: in_force

(a) If the Department of Transportation is unable to meet the minimum requirements for landscaping and planting activities set forth in Part II within the rights-of-way of the construction project with which the landscaping and planting activities are associated, it must first complete the balance of those landscaping and planting activities within other:

(1) State-owned rights-of-way which are along the same road and geographically closest to the construction project requiring landscaping and planting activities and thereafter moving outward in all directions until it has met the minimum requirements for landscaping and planting activities set forth in this part; or

(2) Within conservation easements approved and maintained by the Department of Natural Resources and Environmental Control that are within the same or an adjacent watershed.

(b) If, thereafter, the Department of Transportation remains unable to meet the minimum requirements for landscaping and planting activities set forth above within any rights-of-way it owns or controls in the State, it shall determine the number of acres of landscaping and planting activities it has been unable to mitigate and:

(1) Perform landscaping and planting activities in the State (or cause the same to be performed) at locations recommended by the Department of Agriculture Forest Service or the Department of Natural Resources and Environmental Control; or

(2) If the Department of Agriculture or the Department of Natural Resources and Environmental Control are unable to identify any locations in the State for the performance of landscaping and planting activities, transfer to either the Department of Agriculture Forest Service or the Department of Natural Resources and Environmental Control an amount equal to the dollar value per square yard necessary to plant seedlings in the area it has been unable to mitigate to be used by either Department for conducting landscaping and planting activities in the State under programs administered by those Departments.
17 Del. C. § 173 — Delaware Code / Title 17 / Chapter 1 / Subchapter V / Section 173
§ Â
        173. Authority to establish controlled-access facilities.
Status: in_force

The Department, acting alone or in cooperation with any other governmental agency or political subdivision of this State or with any federal, state or local agency of any other state having authority to participate in the construction and maintenance of highways, may plan, designate, establish, regulate, vacate, alter, improve, maintain and provide controlled-access facilities for public use wherever the Department is of the opinion that traffic conditions, present or future, will justify such special facilities, provided that within cities and towns such authority shall be subject to such municipal consent as may be provided by law. The Department, in addition to the specific powers granted in this subchapter, shall also have and may exercise, relative to controlled-access facilities, any and all additional authority now or after June 22, 1956, vested in it relative to highways or streets within its jurisdiction. The Department may regulate, restrict or prohibit the use of such controlled-access facilities by the various classes of vehicles or traffic in a manner consistent with § 172 of this title.
17 Del. C. § 401 — Delaware Code / Title 17 / Chapter 4 / Section 401
§ Â
        401. Definitions.
Status: in_force

As used in this chapter:

(1) “Crossing” shall include a bridge or bridges over the Delaware River or a tube or tubes under said River and all approaches thereto and approach highways and all other buildings or structures connected with any such bridge or tube and all equipment essential to the operation thereof and also all property rights, easements and franchises relating thereto and deemed necessary or convenient for the construction or operation thereof and may include any elevated or depressed highways connecting any such bridge or tube with a state road.

(2) “Department” means the Department of Transportation established under this title, or if said Department shall be abolished, any board, commission or officer succeeding to the principal functions thereof, or to whom the powers given by this chapter to said Department shall be given by law.

(3) “Revenues of the Division” means the proceeds of tolls, rates, rents and other charges for the use of toll crossings constructed by the Division under authority of this chapter, including, upon the satisfaction of the indenture and supplemental indentures securing the payment of all bonds issued prior to July 27, 1955, under the authority of 45 Del. Laws, c. 275, as provided by § 414 of this title, the proceeds of tolls, rates, rents and other charges for the use of the Delaware Memorial Bridge.
17 Del. C. § 1503 — Delaware Code / Title 17 / Chapter 15 / Section 1503
§ Â
        1503. Power of condemnation.
Status: in_force

In the event that the State Highway Commissioner of the State of New Jersey is unable, by agreement with the owner or owners thereof, to cause title to all lands in Sussex County necessary or convenient for the construction, operation or maintenance of such service and facilities and approaches thereto to be conveyed to the State of Delaware, the Department of Transportation of Delaware shall, upon the written request of the State Highway Commissioner of New Jersey and upon being satisfactorily assured, by the deposit of cash or otherwise, by such State Highway Commissioner that the State of New Jersey will provide the money necessary to pay the condemnation money or damages awarded and expenses of the proceeding, condemn for the use of and to become a part of the ferry facilities the real estate in Sussex County, Delaware, deemed by the State Highway Commissioner of New Jersey and the Department of Transportation of Delaware to be necessary or convenient for the construction, operation and maintenance of the ferry service and facilities and approaches thereto. Such condemnation shall be effected in the manner in which the Department of Transportation is now authorized by law to condemn land for highway purposes.
17 Del. C. § 309 — Delaware Code / Title 17 / Chapter 3 / Section 309
§ Â
        309. Regulating use of Bridge; public utilities contracts; penalties.
Status: in_force

(a) The Department may establish regulations respecting the use of the Bridge and may contract with any person desiring the use of the Bridge, its approaches and appurtenances or any part thereof, including the approach highways, if any, for placing therein or thereon gas or oil pipelines, telephone, telegraph and electric wires or cables or for any other purpose and to fix the terms, conditions and rates of charge for such use.

(b) Whoever violates any regulation established by the Department in respect to the use of the Bridge, including regulations established by the Department regulating traffic over such Bridge and its approaches or approach highways, shall be fined not more than $100 for each such offense.
17 Del. C. § 223 — Delaware Code / Title 17 / Chapter 1 / Subchapter VIII / Section 223
§ Â
        223. Reports.
Status: in_force

The Board shall prepare and submit a report of its activities and accomplishments to the General Assembly no later than June 30, 2014, and every second year thereafter.
17 Del. C. § 112 — Delaware Code / Title 17 / Chapter 1 / Subchapter II / Section 112
§ Â
        112. Liability insurance for Department employees.
Status: in_force

The Department shall enter into a contract with a reliable insurance company or companies doing business in this State to insure the employees of the Department against injury or death incurred while performing their duties as employees of the Department. The Department shall be the sole judge of the kind of insurance and the amount thereof which will best execute such purpose.
17 Del. C. § 327 — Delaware Code / Title 17 / Chapter 3 / Section 327
§ Â
        327. Revenue refunding bonds.
Status: in_force

The Department may provide by resolution for the issuance of revenue refunding bonds of the State for the purpose of refunding any revenue bonds issued under this chapter or any prior law and then outstanding. The issuance of such revenue refunding bonds, the maturities and other details thereof, the rights of the holders thereof and the duties of the State and of the Department in respect to the same shall be governed by the foregoing provisions of this chapter insofar as the same may be applicable. No revenue refunding bonds shall be issued unless issued to refund revenue bonds which have matured or will mature within 3 months, or unless issued to refund revenue bonds which are redeemable within 3 months, and the interest rate of the revenue refunding bonds shall be at least one fourth of 1 percent less than the interest rate borne by the revenue bonds so refunded. If the revenue refunding bonds do not mature prior to the earliest date of maturity of the revenue bonds refunded and the principal amount of such revenue refunding bonds maturing in any year does not exceed the principal amount of revenue bonds so refunded which would have matured in such year, such revenue refunding bonds shall rank on a parity with the revenue bonds then outstanding, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the outstanding revenue bonds.
17 Del. C. § 1801 — Delaware Code / Title 17 / Chapter 18 / Section 1801
§ Â
        1801. Definitions.
Status: in_force

(a) “Authority” means “the Delaware River and Bay Authority,” established by compact between the States of Delaware and New Jersey.

(b) “Bridge” means the “Delaware Memorial Bridge,” its approaches, appurtenances, property, equipment, revenues, funds and personnel.

(c) “Compact” means the “Delaware-New Jersey Compact.”