17 Del. C. § 205 — Delaware Code / Title 17 / Chapter 1 / Subchapter VII / Section 205
§ Â
        205. Duty to minimize removal, cutting or clearing of landscape improvements.
Status: in_force

Whenever the Department of Transportation undertakes any construction project in this State, it shall make every reasonable effort to preserve large, mature trees. Additionally, it shall make every reasonable effort to remove, cut or clear only the minimum number of trees and shrubs that are necessary to complete the project and remain consistent with safe design practices.
17 Del. C. § 202 — Delaware Code / Title 17 / Chapter 1 / Subchapter VII / Section 202
§ Â
        202. Definitions.
Status: in_force

For the purposes of this subchapter:

(1) “An acre of trees” means a contiguous acre of land on which there are situated at least 50 trees or woody plants with a trunk measuring at least 4 inches in diameter at 4 feet above the ground. Partial acres and individual parcels will be added together to determine the total acreage within the project scope.

(2) “Canopy tree” means any tree or other woody plant that when fully grown will provide shade and/or shelter for the land beneath while allowing passage of people, animals and/or vehicles upon the land beneath. Canopy trees are classified in 1 of 3 categories:

a. “Lower canopy.” —

“Lower canopy trees” include all species of trees and woody plants that when fully grown reach an average height of not more than 30 feet when measured vertically in a straight line from the uppermost branches to the ground immediately below.

b. “Medium canopy.” —

“Medium canopy trees” include all species of trees and woody plants that when fully grown reach an average heights of not less than 30 feet nor more than 50 feet when measured vertically in a straight line from the uppermost branches to the ground immediately below.

c. “Upper canopy.” —

“Upper canopy trees” include all species of trees and woody plants that when fully grown reach an average height of not less than 50 feet when measured vertically in a straight line from the uppermost branches to the ground immediately below.

(3) “Construction project” means any activity undertaken, authorized or required by the Department of Transportation through which any expressway, arterial or collector road is:

a. Constructed on a new alignment; or

b. Widened by adding 1 or more through travel lanes.

(4) “Forest” means a biological community dominated by trees covering a contiguous area of land and includes any definition thereof developed by the Department of Agriculture Forest Service. A “forest” may be identified by the diversity of the tree species composing it or by its type. A “forest type” is a forest composed of associations of tree species that have similar ecological requirements.

(5) “Landscape improvements” means living trees and shrubs planted for the purpose of enhancing the aesthetic value or wildlife habitat of the land, including, but no limited to, organized or planned arrangements of living plants as well as naturally occurring or wild growth of living plants. These improvements shall be made in a manner prescribed by the Department of Transportation’s landscape policies, as amended from to time. In establishing and modifying these policies, the Department of Transportation shall seek the advice of the Department of Agriculture and the Department of Natural Resources and Environmental Control and such other public or private agencies as may be deemed appropriate by the Department.

(6) “Landscaping and planting activities” means the placement of landscape improvements. Landscaping and planting activities do not include the erection of fences, structures or other nonliving barriers or borders.

(7) “Reforestation activities” means landscaping and planting activities according to advice provided by the Department of Agriculture Forest Service on lands within rights-of-way owned or controlled by the Department of Transportation on which no forest currently exists, or on which a forest exists that is less dense than recommended by the Department of Agriculture Forest Service, to a density that will reasonably ensure the establishment of a mature forest of a particular type once fully grown.
17 Del. C. § 320 — Delaware Code / Title 17 / Chapter 3 / Section 320
§ Â
        320. Credit of State not pledged.
Status: in_force

Revenue bonds issued under this chapter shall be payable exclusively from the funds hereinafter provided therefor from tolls and revenues. All such bonds shall contain a statement on their face that the State is not obligated to pay the same or the interest thereon except from revenues of the project for which they are issued and that the faith and credit of the State are not pledged to the payment of the principal or interest of such bonds. The issuance of revenue bonds under this chapter shall not directly or indirectly or contingently obligate the State to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment.
17 Del. C. § 1109 — Delaware Code / Title 17 / Chapter 11 / Subchapter I / Section 1109
§ Â
        1109. Forbidden advertising.
Status: in_force

No outdoor advertising signs, displays or devices shall display copy which violates any federal or state law, or which is offensive to the moral standards of the community at the time the copy is offered for display, or which is false, misleading or deceptive.
17 Del. C. § 147 — Delaware Code / Title 17 / Chapter 1 / Subchapter III / Section 147
§ Â
        147. Authority to establish standards for traffic-control devices.
Status: in_force

(a) The Department shall adopt a uniform standard for each type of traffic-control device to be used on all highways open to the public in this State. Such standard shall correlate with, and so far as practical, conform to the standards used in other states, except that the Department is authorized to adopt different standards and types of devices or applications if the Department determines that, based on engineering judgment, different standards or types of devices or applications are needed in order to reduce fatal or serious injury crashes or improve safety in accordance with a “safe system approach,” as defined under § 135A of this title. For purposes of this subsection, “standards” includes publications, policies, guidelines, or memoranda.

(b) The standards shall be recorded in a manual to be known as the Delaware Manual on Uniform Traffic-Control Devices for Streets and Highways. The manual shall have separate chapters setting individual standards for signs, signals and markings.

(c) Any traffic-control device erected in violation of the manual, except experimental devices erected by the Department, shall be unofficial, unauthorized and unenforceable.

(d) A person or corporation shall not sell or offer for sale in this State any traffic-control device or other device intended to regulate, warn or guide traffic unless it conforms with the state manual and specifications adopted under this section.
17 Del. C. § 409 — Delaware Code / Title 17 / Chapter 4 / Section 409
§ Â
        409. Insurance.
Status: in_force

The Department shall procure and keep in force adequate insurance upon any toll crossing constructed or operated by it, 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 crossing.
17 Del. C. § 152 — Delaware Code / Title 17 / Chapter 1 / Subchapter IV / Section 152
§ Â
        152. Supervision by Secretary of Transportation.
Status: in_force

The execution and performance of all contracts awarded by the Department shall be under the charge of the Secretary of Transportation, and the Secretary’s decision shall be final in all matters concerning the performance of the work and compliance with the terms of the contract.
17 Del. C. § 506 — Delaware Code / Title 17 / Chapter 5 / Section 506
§ Â
        506. Maintenance priority of roads used for school buses or mail routes.
Status: in_force

All roads under the jurisdiction of the Department over which school buses and mail routes are established shall have first consideration in the expenditure of state road funds for the purpose of making and maintaining the roads passable at all times.
17 Del. C. § 319 — Delaware Code / Title 17 / Chapter 3 / Section 319
§ Â
        319. Bonds as legal investments for institutions and fiduciaries.
Status: in_force

Bonds issued by the Department to finance the construction of the Bridge are made securities in which all state and municipal officers and administrative departments, boards and commissions of the State, all banks, bankers, savings banks, trust companies, 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 authorized to invest in bonds or other obligations of the State may properly and legally invest any funds, including capital belonging to them or within their control; and such bonds are made securities which may properly and legally be deposited with and received by any state, county or municipal officer or agency of the State for any purpose for which the deposit of bonds or other obligations of the State is authorized by law.
17 Del. C. § 529 — Delaware Code / Title 17 / Chapter 5 / Section 529
§ Â
        529. Inspection requirements for bridge owners.
Status: in_force

(a) As used herein, the terms “bridge” and “bridge with approaches” are defined as structures, including supports, erected over a depression or an obstruction such as water, a highway or a railway, with tracks or passageways for carrying traffic or other moving loads, and with openings measured along the center of the roadway of more than 20 feet (6.1 meters) between undercopings of abutments or spring lines of arches, or the extreme ends of openings for multiple boxes. The term “bridge” shall also include multiple pipe structures where the clear distance between pipe openings is less than half of the smaller pipe diameter(s), and the combined structure exceeds 20 feet (6.1 meters) in total span length.

(b) All bridges and bridges with approaches located on or over public roads must be inspected in accordance with The National Bridge Inspection Standards, as codified in 23 C.F.R. Part 650, Subpart C, as amended, and in accordance with the following provisions:

(1) Such inspections shall be the responsibility of the bridge owner.

(2) The inspections shall be performed by qualified personnel not less frequently than every 2 years, based on the bridge condition and on the schedule set by the Department of Transportation.

(3) Inspection information must be collected, maintained and be available for review as required by the Federal Highway Administration’s Recording and Coding Guide for Structure Inventory and Appraisal of the Nation’s Bridge.

(4) If the bridge owner does not perform the required inspection on the schedule approved by the Department of Transportation, the Department shall notify the bridge owner and give the bridge owner 60 days to produce the required inspection report.

(5) If the bridge owner fails to produce the required inspection report after notice pursuant to paragraph (b)(4) of this section, the Department shall be empowered to take the following enforcement actions:

a. Perform the inspection, the costs of which shall be borne by the bridge owner. The Department shall have the right to enter the property to perform such inspections, regardless of the ownership of the property; or

b. Close the bridge.
17 Del. C. § 1724A — Delaware Code / Title 17 / Chapter 17 / Subchapter II / Section 1724A
§ Â
        1724A. Appeal to Board.
Status: in_force

(a) Any person, as that term is defined in § 6002 of Title 7, whose interest is substantially affected by the determination of the Department of Natural Resources and Environmental Control that a proposed project is or is not a project of state significance may appeal to the Environmental Appeals Board (the “Board”) within 20 days after the Secretary of the Department of Natural Resources and Environmental Control has conveyed the determination to the Executive Director of the Delaware River and Bay Authority.

(b) Whenever a determination of the Department of Natural Resources and Environmental Control concerning a proposed project is appealed, the Board shall hold a public hearing in accordance with § 6006 of Title 7.

(c) If the determination of the Department of Natural Resources and Environmental Control is overruled by the Board, then the Board shall state its reasons for its decision.

(d) No decision of the Board shall be valid unless signed by a minimum of 5 members.

(e) No appeal shall operate to stay automatically the effect of any determination by the Department of Natural Resources and Environmental Control, but upon application, and for good cause, the Secretary of the Department of Natural Resources and Environmental Control or the Court of Chancery may stay the action pending disposition of the appeal.
17 Del. C. § 222 — Delaware Code / Title 17 / Chapter 1 / Subchapter VIII / Section 222
§ Â
        222. Duties and responsibilities of Board.
Status: in_force

The Board shall assist in and make recommendations regarding the protection, preservation, designation, development, operation, management and promotion of the National Scenic Byway. In connection with the foregoing, the responsibilities and powers of the Board shall include:

(1) In an advisory capacity, reviewing and participating in the development of regulations and laws that impact the National Scenic Byway, at all levels of government;

(2) Securing funding to operate programs that enhance and preserve the National Scenic Byway for residents and visitors;

(3) Recommending policies and standards related to the National Scenic Byway;

(4) Participating in the update and implementation of the Corridor Management Plan and any associated reports, studies and plans; and

(5) Preparing and submitting the biennial report described in § 223 of this title hereunder; and

(6) Such other responsibilities and powers consistent with the Board’s role as an advisory body as shall be determined from time to time.
17 Del. C. § 1401-1411 — Delaware Code / Title 17 / Chapter 14 / Section 1401-1411
§ ÂÂ
        1401-1411. Regulation of ticket agents; penalties for violations; redemption of unused tickets; erection and maintenance of telegraph and telephone lines by railroad; fences and cattle guards; liability for damages; trespass with animals; walking on tracks; penalties; liability of those damaging railroad property; badges of railroad conductor, baggage master and brakeman; railroad car brakes; penalties for violations of ÂÂâ1406, 1407; free passes and franks; transportation without fare; transportation utilities; intra and interline connections; switch connections; public carriers operating buses; public liability insurance [Transferred].
Status: in_force

Transferred. The material formerly codified as §§ 1401-1411 of this title was transferred by 60 Del. Laws, c. 503, and now appears as §§ 1808-1818 of Title 2.
17 Del. C. § 412 — Delaware Code / Title 17 / Chapter 4 / Section 412
§ Â
        412. Exemption from taxation.
Status: in_force

All toll crossings constructed or operated and maintained by the Department under this chapter and all property acquired or used by the Department in connection therewith shall at all times be free from all taxation within this State.
17 Del. C. § 1804 — Delaware Code / Title 17 / Chapter 18 / Section 1804
§ Â
        1804. Rights of holders of Bridge bonds.
Status: in_force

Such agent’s control of the said Bridge shall be subject to the rights of the holders of the outstanding Delaware Memorial Bridge Revenue Bonds of the State issued (or in the process of issue prior to the effective date of this chapter) under the authority of § 318 of this title, and the state covenants that the said Bridge shall remain in the said agent’s control so long as any of the said bonds shall remain outstanding or unpaid or until all said revenue bonds issued or in the process of issue under the authority of § 318 of this title have been paid in full or provision shall have been made for the payment thereof in the manner provided in the indenture between the State Highway Department of the State and Equitable Trust Company, dated June 1, 1948, and the supplemental indentures thereto, dated June 1, 1951, January 2, 1952, June 1, 1956, and June 1, 1960.
17 Del. C. § 143 — Delaware Code / Title 17 / Chapter 1 / Subchapter III / Section 143
§ Â
        143. Expenses of alteration or relocation of facilities or structures of public utilities.
Status: in_force

(a) As used in this section:

(1) “Facility” includes, but is not limited to, structures and appliances and their appurtenances, poles, wires, conductors, transformers, substations, manholes, vaults, valves, conduits, sewer pipes, gas mains, regulator stations, water pipes, water distribution facilities, and service lines;

(2) “Public utility” means a utility defined in § 102(2) and (8) of Title 26.

(b) If required by reason of the construction, reconstruction, relocation, repair, or maintenance of a public highway, the Department of Transportation shall, at its sole expense, make any necessary alteration or relocation of the facilities owned and/or operated by a public utility of a municipality or of any governmental body or political subdivision of the State.

(c) The Department may enter into an agreement with a nonmunicipal or other nongovernmental public utility to reimburse it for up to 50 percent of the cost of the public utility facility’s alteration or relocation as part of a highway construction, reconstruction, relocation, repair, or maintenance project if:

(1) The existing public utility facility is located within a highway or public right-of-way by grant of franchise; and

(2) The alteration or relocation is necessitated by special circumstances, including, but not limited to:

a. A major economic development project in which the public utility’s cooperation is critical to accomplishing the project in a timely manner;

b. Recovery from natural disasters such as storms or floods; or

c. Compelling benefit to the traveling public.

(d) The determination of whether special circumstances exist under paragraph (c)(2) of this section vests solely with the Secretary. The Secretary shall make written findings detailing the nature of the special circumstances and the costs and benefits to the State in altering or relocating a public utility facility. The determination of the Secretary is a public record. The Secretary shall forward a copy of the determination to the Public Service Commission for filing with the public records of the Commission.

(e) If construction specifications for the alteration or relocation of a nonmunicipal or other nongovernmental public utility facility, authorized by the Department as part of a highway construction, reconstruction, relocation, repair, or maintenance project, require the use of unique materials or supplies, the Department may enter into an agreement with the public utility for the use of the unique materials or supplies in advance of the construction contract. If the public utility is required to store the unique materials or supplies for more than 60 days prior to their incorporation into the construction work, the Department shall enter into an agreement with the public utility to reimburse the public utility for all or a portion of the actual cost incurred for the storage of the unique materials or supplies.

(f) If the Department determines that it is beneficial to enter into an agreement with a nonmunicipal or other nongovernmental public utility for the alteration or relocation of its facilities in advance of the commencement of a highway construction, reconstruction, relocation, repair, or maintenance project, the agreement may include provisions for the Department to reimburse the public utility for increased expenses incurred as a result of the advanced move, including, but not limited to, expenses for the maintenance of traffic, tree and vegetation removal, grubbing, grading, test holes, and surveying.

(g) (1) The Department shall reimburse a nonmunicipal or other nongovernmental public utility for the cost of altering or relocating its facility due to a highway construction, reconstruction, relocation, repair, or maintenance project under each of the following circumstances:

a. The Department requires a second alteration or relocation of the same public utility facility within 10 years from the date of completion of the initial alteration or relocation;

b. The Department alters its plan of construction for the project at any time before its completion, in a manner that requires the public utility to alter or relocate its facility that has already been fully or partially altered or relocated in connection with the project;

c. The Department cancels or does not commence a highway construction, reconstruction, relocation, repair, or maintenance project within a period of 2 years from the date of authorization;

d. The Department requests a temporary alteration or relocation of the public utility facility.

(2) The amount of reimbursement to be paid to a public utility under this subsection is the entire cost of alteration or relocation minus any increase in the value of the altered or new facility and any salvage value derived from the old facility.

(h) The Department and a nonmunicipal or other nongovernmental public utility may agree to include in a construction contract between the Department and the Department’s contractor or subcontractor a provision to identify specific facility alteration or relocation construction items which will be performed by the Department’s contractor or subcontractor instead of by the public utility. The construction items may include, but are not limited to, adjusting manholes and installing conduits, valve boxes, and concrete pads. As part of the agreement, the public utility must agree to reimburse the Department or the Department’s contractor or subcontractor for the construction items.

(i) The Secretary may enter into an agreement with a nonmunicipal or other nongovernmental public utility that owns or maintains poles in public rights-of-way to attach Department road signs to the poles under such terms and conditions as the public utility considers necessary in order to provide for the safety of the public utility’s employees and contractors and to avoid interference with the public utility’s operations. The authority given to the Department in this subsection does not alter the public utility’s right to refuse access to its poles if it believes that such access would create a safety hazard or interfere with its operations. If the Department attaches a sign to a pole owned or maintained by a public utility, a person alleging injury to person or property as a result of the attachment has no cause of action against the public utility.

(j) The Department may enter into an agreement with a nonmunicipal or other nongovernmental public utility regarding the alteration or relocation of the public utility’s facilities to reimburse the public utility for the public utility’s additional expenses incurred due to the enhancement of the public utility’s facilities or of its equipment design, location, placement, or specification, if, in the judgment of the Department, the enhancement will result in net cost savings to the Department, will expedite the project, or will otherwise result in increased public benefit and convenience.
17 Del. C. § 1103 — Delaware Code / Title 17 / Chapter 11 / Subchapter I / Section 1103
§ Â
        1103. Enforcement of chapter; rules and regulations; examinations; territorial limitations.
Status: in_force

(a) The Department shall:

(1) Enforce this chapter; and

(2) Make, publish and enforce such regulations for the proper control and restriction of outdoor advertising signs, displays and devices as may be necessary or advisable to implement the policy and accomplish the purposes of this chapter.

(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 outdoor advertising signs, displays and devices situate outside the corporate limits of any incorporated city or town in this State and to those outdoor advertising signs, displays and devices situate in controlled areas within such corporate limits.
17 Del. C. § 203 — Delaware Code / Title 17 / Chapter 1 / Subchapter VII / Section 203
§ Â
        203. Duty to incorporate cost of landscaping, planting and reforestation activities.
Status: in_force

Whenever the Department of Transportation undertakes any construction project in this State covered by this subchapter, it shall incorporate into the cost of such project sufficient funds to complete all landscaping, planting and/or reforestation activities required by this subchapter.

If upon the completion of all landscaping, planting and/or reforestation activities required by this subchapter, and upon the completion of any funds transfers authorized by this subchapter, there remain funds in the budget of a construction project that had been designated specifically for landscaping, planting and/or reforestation activities, the Department shall use the remaining unobligated funds to perform or pay for other landscaping, planting and/or reforestation activities in the State.
17 Del. C. § 402 — Delaware Code / Title 17 / Chapter 4 / Section 402
§ Â
        402. Purpose.
Status: in_force

Substantial and accumulated annual increases experienced in highway traffic for the United States as a whole and particularly for Delaware plus the concentration of interstate traffic flow through Delaware caused by the construction of the Delaware Memorial Bridge and the New Jersey Turnpike have forced upon the State the need for new construction and reconstruction of highway facilities out of all proportion to funds available to the State Highway Department. Presently scheduled express highway construction in the adjoining states of Maryland and Pennsylvania will very shortly bring to the boundaries of Delaware increased interstate traffic. To provide supplemental funds for certain highway construction and reconstruction, to provide for payment of a proportionate share of such highway construction and reconstruction costs by the interstate traffic which is producing the need for such added expenditures and to enable the State to discharge the obligations which this traffic has imposed upon it, the Delaware Memorial Bridge Division of the State Highway Department (originally created as the Delaware Crossing Division under authority of 46 Del. Laws, c. 193, which as amended and revised appears as Chapter 3 of this title) is reorganized and reconstituted within the Department of Transportation with the powers and duties specified in this chapter.
17 Del. C. § 1613 — Delaware Code / Title 17 / Chapter 16 / Section 1613
§ Â
        1613. Access to department land and structures.
Status: in_force

The Department will allow for the collocation of small wireless facilities on department poles as determined by the Department subject to the following:

(1) A person owning or controlling department poles may not enter into an exclusive arrangement with any person for the right to attach to such poles.

(2) Such collocations shall be subject to reasonable, cost-based, competitively neutral and nondiscriminatory rates, fees and terms as provided in an agreement between the Department and the wireless provider.

(3) The Department and wireless provider shall negotiate in good faith to arrive at mutually agreeable contract terms and conditions.

(4) The annual recurring rate to collocate a small cell facility on a department pole shall not exceed the actual, direct and reasonable costs related to the wireless service provider’s use of space on the pole. In any controversy concerning the appropriateness of the rate, the Department shall have the burden of proving that the rates are reasonably related to the actual, direct and reasonable costs incurred for use of space on the pole for such period.
17 Del. C. § 1124 — Delaware Code / Title 17 / Chapter 11 / Subchapter II / Section 1124
§ Â
        1124. Signs, displays and devices providing information for the traveling public; location.
Status: in_force

Signs, displays and devices giving specific information in the interest of the traveling public may be erected and maintained, pursuant to agreement between the Department and the Secretary of Transportation of the United States, within the right-of-way of highways of the interstate system, at appropriate distances from interchanges on such systems.
17 Del. C. § 1123 — Delaware Code / Title 17 / Chapter 11 / Subchapter II / Section 1123
§ Â
        1123. Advertising in rest areas.
Status: in_force

In order to provide information in the specific interest of the traveling public, the Department is authorized to maintain maps and to permit informational directories and advertising pamphlets to be made available at rest areas and to establish information centers in such areas for the purpose of informing the public of places of interest within the State and providing such other information as may be considered desirable, provided, however, that no such information centers shall be established within controlled areas adjacent to the interstate system without the approval of the Secretary of Transportation of the United States.
17 Del. C. § 315 — Delaware Code / Title 17 / Chapter 3 / Section 315
§ Â
        315. Application of other powers of Department.
Status: in_force

All of the powers conferred upon the Department by any other law are made applicable to the Department in the performance of its duties hereunder insofar as the same may be appropriate and consistent with the provisions hereof.
17 Del. C. § 192 — Delaware Code / Title 17 / Chapter 1 / Subchapter VI / Section 192
§ Â
        192. Regulations.
Status: in_force

The Secretary is authorized to promulgate such regulations as may be necessary or desirable to implement the Delaware Byways program, consistent with departmental policy and this subchapter. Such regulations may also:

(1) Encourage counties, towns and municipalities to work with the Department to designate Delaware byways within their jurisdictions and to petition for the inclusions of these highways into the byways program. Such inclusion shall enable the municipality to participate in federal funding that may be available under the National Scenic Byways Program of the Transportation Equity Act of the 21st Century of 1998 (23 U.S.C. § 162).

(2) Develop criteria for Delaware byway designation based upon its scenic, historic, natural, recreational, cultural or archeological qualities;

(3) Encourage and assist in fostering public awareness, understanding and participation in the objectives and functions of the Delaware Byways Program;

(4) Provide participants with tools and ideas for enhancement and protection of designated byways;

(5) Provide operation and management standards for highways designated as Delaware byways, including strategies for maintaining or improving the qualities for which a byway is so designated, for protecting and enhancing the landscape and scenic view and for minimizing traffic congestion as much as possible on such byways;

(6) Provide standards for byway-related signs, including those which identify Delaware byways;

(7) Develop and implement a byways corridor management plan that specifies the actions, procedures, controls, operational practices and administrative strategies to maintain the scenic, historic, cultural, recreational, archaeological and natural qualities of the byway; and

(8) Develop planning and design standards for development of official byways.
17 Del. C. § 138 — Delaware Code / Title 17 / Chapter 1 / Subchapter III / Section 138
§ Â
        138. Acquisition of uneconomic remnants of land along right-of-way.
Status: in_force

In addition to the powers now vested in the Department for the acquisition of lands or rights therein by virtue of any statute, the Department may, in its discretion, acquire by gift, devise, purchase or in the exercise of the power of eminent domain, acquire by condemnation by proceeding in the manner prescribed in Chapter 61, Title 10, an entire lot, block or tract of land, if by so doing the interest of the public will be best served even though said entire lot, block or tract is not needed for the right-of-way proper, but only if the portion outside the normal right-of-way is landlocked or is so situated so as to give rise to claims or litigation concerning severance or other damage, the cost of acquisition to the State will be practically equivalent to the total value of the whole parcel of land and the parcel remaining is of little value to the owner.
17 Del. C. § 1601 — Delaware Code / Title 17 / Chapter 16 / Section 1601
§ Â
        1601. Short title.
Status: in_force

This chapter shall be known as the “Advanced Wireless Infrastructure Investment Act.”
17 Del. C. § 204 — Delaware Code / Title 17 / Chapter 1 / Subchapter VII / Section 204
§ Â
        204. Reclamation of dedicated funds.
Status: in_force

If upon the completion of all landscaping, planting and/or reforestation activities required by this subchapter, and upon the completion of any funds transfers authorized by this subchapter, there remain funds in the budget of a construction project that had been designated specifically for landscaping, planting and/or reforestation activities, the Department shall use the remaining unobligated funds to perform or pay for other landscaping, planting and/or reforestation activities in the State.
17 Del. C. § 153 — Delaware Code / Title 17 / Chapter 1 / Subchapter IV / Section 153
§ Â
        153. Border crossing agreements.
Status: in_force

(a) The General Assembly finds as follows:

(1) There are over 150 locations at which public roads cross Delaware’s border with either Maryland or Pennsylvania.

(2) Several of these roads include portions that cross into Maryland or Pennsylvania from Delaware with no intersections with such roads from within the other state.

(3) Some public roads move back and forth across the state border, while others continue from 1 state to the other.

(4) These border crossings raise several difficult issues concerning potential liability, appropriate continuity of pavement maintenance policies and practices, snow removal responsibilities, and oversight of subdivision development and entrance permit regulations applicable to each jurisdiction.

(5) Therefore, it is appropriate to direct the Department of Transportation to enter into such border crossing agreements as it deems fitting and proper, to obtain cooperation with the responsible jurisdictions in other states to deal with the issues caused by the interplay of the state’s borders with the public road transportation network.

(b) The Department of Transportation is authorized and directed to enter into border crossing agreements with counties, townships, other states, and such other government agencies as are responsible for those public roads that cross between, intersect with, or are adjacent to the Delaware border with Maryland or Pennsylvania, and which are connected to the road system for which the Department is responsible under this chapter. Such agreements may include provisions for pavement reconstruction and maintenance, sharing of snow removal and other responsibilities, joint subdivision review and entrance permit approval processes, adoption of uniform traffic control policies, road segment responsibility designations, reimbursement provisions for expenditures made on these roads, and for other purposes as the Department may deem fitting and proper. Chapter 69 of Title 29 shall not apply to such agreements or to the purchase of materials, equipment, supplies, or the performance of any work on the road segments included within these agreements, except that the provisions of § 6960 of Title 29, thereof shall apply to any work contracted for performance within Delaware.

(c) The provisions of this section shall be limited to those public roads located within 1/2 mile of the Delaware border, measured perpendicularly from the border.
17 Del. C. § 221 — Delaware Code / Title 17 / Chapter 1 / Subchapter VIII / Section 221
§ Â
        221. Establishment of Board.
Status: in_force

(a) There is hereby established a Brandywine Valley National Scenic Byway Advisory Board, which shall be chaired by the Secretary or the Secretary’s designee and comprised of members serving for terms of 3 years each. The following organizations shall be entitled to appoint a representative to the Board:

(1) Department of Natural Resources and Environmental Control;

(2) Department of State;

(3) Delaware Tourism Office;

(4) New Castle County;

(5) City of Wilmington and/or the Wilmington Convention and Visitors Bureau;

(6) Kennett Pike Association;

(7) Delaware Greenways;

(8) Delaware Nature Society;

(9) Centreville Civic Association;

(10) Brandywine Conservancy;

(11) Maintenance Corporation of Westover Hills;

(12) Westover Hills Woods Association; and

(13) The Harriett Tubman Underground Railroad Byway.

(b) In addition to the foregoing, the Board shall also include a representative of the hospitality industry; a representative of the Brandywine Valley museum community (including but not limited to the Hagley Museum, Longwood Gardens, Winterthur Museum and Gardens and the Brandywine River Museum); a representative of the Greenville, Centreville or Montchanin business community; and such other members as shall be nominated and appointed from time to time. Members appointed pursuant to this subsection (b) shall be nominated by a majority vote of the existing members and appointed by the Secretary.

(c) The Board shall adopt bylaws that provide for operating procedures such as election of officers, appointment of committees, designation of a quorum, conducting of meetings, and other matters that will promote the efficient operation of the Board in the performance of its duties under this chapter.
17 Del. C. § 311 — Delaware Code / Title 17 / Chapter 3 / Section 311
§ Â
        311. Employment of general manager, guards and toll keepers.
Status: in_force

The Department may employ a general manager for the purpose of supervising the operation of the Bridge and may appoint such number of guards and toll keepers as may be deemed advisable by it, and such officers are given the powers of a constable in the performance of their duties.
17 Del. C. § 171 — Delaware Code / Title 17 / Chapter 1 / Subchapter V / Section 171
§ Â
        171. Declaration of policy.
Status: in_force

The General Assembly finds, determines and declares that this subchapter is necessary for the immediate preservation of the public peace, health and safety and for the promotion of the general welfare.
17 Del. C. § 2007 — Delaware Code / Title 17 / Chapter 20 / Section 2007
§ Â
        2007. Relocation of renewable energy infrastructure.
Status: in_force

Whenever it becomes necessary to relocate any renewable energy interconnection facilities due to expansion of the transportation system, or if the renewable energy interconnection facilities are found to interfere unreasonably with ingress and egress to adjacent properties or their development, or for reasons deemed in the public interest by the Department, the renewable energy entity shall relocate its infrastructure at its sole expense to a location mutually agreed upon by the renewable energy entity and the Department.
17 Del. C. § 1207 — Delaware Code / Title 17 / Chapter 12 / Section 1207
§ Â
        1207. Compensation to owners on relocation, removal or disposal of their facilities.
Status: in_force

Just compensation shall be paid by the Department to the owners of junkyards in controlled areas which must be relocated, removed or disposed of pursuant to this chapter and which fall into the following categories:

(1) Those lawfully in existence on the effective date of this chapter; and

(2) Those lawfully established and maintained on or after the effective date of this chapter.
17 Del. C. § 411 — Delaware Code / Title 17 / Chapter 4 / Section 411
§ Â
        411. Other crossings prohibited.
Status: in_force

(a) As long as any bonds issued prior to July 27, 1955, under 45 Del. Laws, c. 275, as amended, shall remain outstanding and unpaid or until provision shall have been made for the payment thereof as provided in the indentures securing such bonds, no bridge or tunnel over or under the Delaware River for the use of the traveling public or for the transportation of goods or other property, having a terminus in this State within the distance of 10 miles north along the shore of the Delaware River and 20 miles south along such shore of the Delaware terminus of the Delaware Memorial Bridge shall, after July 27, 1955, be constructed and operated by the State, by the Department or other agency of the State or by any county, municipal corporation or political subdivision of the State or by any agency or instrumentality thereof or by any public body or authority not created by an act of Congress of the United States or by any person, copartnership, association or corporation not created by or acting under authority of an act of Congress of the United States.

(b) The State covenants that if the Department shall issue bonds under this chapter, no crossing of the Delaware River shall thereafter be constructed and operated by the State, by the Department or by any other agency of the State or by any county, municipal corporation or political subdivision of the State or by any agency or instrumentality thereof or by any public body or authority not created by an act of Congress of the United States or by any person, copartnership, association or corporation not created by or acting under authority of an act of Congress of the United States, which shall compete with the Delaware Memorial Bridge or with any toll crossing over or under the Delaware River to be constructed in whole or in part out of the proceeds of such bonds, and the Department may agree with the holders of its bonds as to the character and location of any crossing which shall be deemed to be a competitive crossing within the meaning of this section, and such determination shall be binding upon the State and the Department, so long as any of such bonds remain outstanding and unpaid or until provision for their payment shall have been made in the manner provided in the resolution or indenture pursuant to which such bonds shall have been issued.
17 Del. C. § 520 — Delaware Code / Title 17 / Chapter 5 / Section 520
§ Â
        520. Injury  to trees, shrubs, and landscaping.
Status: in_force

(a) Whoever negligently, wilfully or maliciously injures or damages trees, shrubs or other landscaping under the jurisdiction and control of the Department shall forfeit and pay treble damages therefor. The damages shall be computed as the sum of the cost of purchase of new trees, shrubs or other landscaping of equivalent size and quality and the removal and installation costs to replace the damaged trees, shrubs or other landscaping, including direct labor costs plus overhead costs, computed in accordance with accepted governmental accounting principles.

(b) Justices of the peace, the Court of Common Pleas and the Superior Court shall have concurrent jurisdictions of actions under this section.

(c) 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. § 1307 — Delaware Code / Title 17 / Chapter 13 / Section 1307
§ Â
        1307. Appeal.
Status: in_force

Any interested party before the Superior Court may appeal the Court’s decision to the Supreme Court, within 30 days of the final order thereon, regarding the question of whether the road, bridge or right-of-way shall be vacated or abandoned or the question of the amount of damages and their apportionment or any other matter raised at the Superior Court hearing.
17 Del. C. § 505 — Delaware Code / Title 17 / Chapter 5 / Section 505
§ Â
        505. Selling of nonuniform traffic-control devices; penalty.
Status: in_force

Whoever sells or offers for sale for use on any public highway in this State any traffic-control device which does not conform to the Delaware Manual on Uniform Traffic-Control Devices for Division of Highways shall be fined not less than $25 nor more than $1,000 and shall make restitution to the purchaser in an amount equal to the entire sum originally paid for the device or devices. In the event a sale consists of the sale of more than 1 separate device, each sale of each separate device shall constitute a violation of this section.
17 Del. C. § 1713 — Delaware Code / Title 17 / Chapter 17 / Subchapter II / Section 1713
§ Â
        1713. Holding over of Commissioners.
Status: in_force

Each Commissioner from this State shall continue to hold office after the expiration of the term for which the Commissioner is appointed and until the Commissioner’s respective successor is appointed and qualified; but no period during which any such Commissioner shall hold over shall be deemed to be an extension of the Commissioner’s term of office for the purpose of computing the date on which said successor’s term expires.
17 Del. C. § 521 — Delaware Code / Title 17 / Chapter 5 / Section 521
§ Â
        521. Snow removal in nonmunicipal residential communities.
Status: in_force

(a) For purposes of this section:

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

(2) “Feeder road” means a road that serves more than a single residential development or community as a primary entry way. These roads may serve any of the following:

a. Two or more different residential developments or communities.

b. A residential development or community and either a school, church, business, or other public building.

(3) “Organization” means a civic association, neighborhood alliance, homeowners maintenance corporation, homeowners maintenance association, neighborhood improvement district management association as defined in § 3503 of Title 9, or other similar entity charged with or assuming the duties of maintaining the public areas, open space, or common facilities within a residential development or community not within the boundaries of a municipality.

(4) “Snow event” means any snow event whose accumulation within the relevant maintenance district is equal to or greater than 2 and less than 4 inches for the cost of plowing the feeder road leading to the school, as determined by the Department.

(5) “Snowstorm” means a snowstorm event whose accumulation within the relevant maintenance district is equal to or greater than 4 inches, as determined by the Department.

(6) “Streets” means those streets within a residential development or community which have been accepted for perpetual maintenance by the Department.

(b) An organization created pursuant to New Castle County ordinance or regulation has the authority to contract for snow removal services and include the cost of such snow removal services in assessments made by such organization to property owners of the residential development or community. Such charges or fees are considered assessments for the maintenance of open space and common facilities for collection and lien purposes.

(c) An organization may contract for snow removal services for snowstorms impacting the streets within its development or community and be partially reimbursed for the costs of such services, subject to the following conditions:

(1) The reimbursement must be in an amount not to exceed 75% of the actual contracted cost of said services, but in any event, may not exceed 75% of an annual cost analysis determination made by the Department in its implementing regulations under subsection (e) of this section. The regulatory cost determination must include the Department’s cost of purchasing similar services under its own contracts.

(2) The organization’s contracts with contractors providing these services must include provisions for proof of insurance and compliance with all relevant state license requirements, including the provisions of Chapter 21 of Title 30.

(3) The selection of contractors for services is not subject to Chapter 69 of Title 29.

(4) To obtain economies of scale, an organization may enter into written agreements with other organizations to obtain joint snow removal contracts for purposes of this section.

(d) An organization with a school located in its development or community may seek reimbursement for any snow event for the cost of plowing the feeder road leading to the school, as prescribed in the Department regulations and subject to the conditions provided in paragraphs (c)(1) through (c)(4) of this section.

(e) The Department is responsible for the implementation and administration of this section through the adoption and publication of rules, regulations, or procedures deemed necessary for these purposes.
17 Del. C. § 524 — Delaware Code / Title 17 / Chapter 5 / Section 524
§ Â
        524. Removal of nonofficial signs from utility poles within state rights-of-way.
Status: in_force

(a) Legislative findings. — The General Assembly finds that persons and firms post nonofficial signs on utility poles without prior authorization from the pole owner. Placing such signs on these poles is unsafe, both for the person attaching the sign and those in the vicinity of such activity when it occurs, including passersby. Therefore, it is appropriate to authorize the Department of Transportation to treat such signs as subject to immediate removal and other enforcement action under §§ 525 through 527 of this title, without regard to the clear zone distance limitations of those sections.

(b) The Department of Transportation may treat any nonofficial signs placed on utility poles at any location within the State’s rights-of-way as artificial obstructions within the clear zone, subject to immediate removal and other enforcement action under §§ 525 through 527 of this title, upon confirmation that the utility company had not previously authorized the placement of such signs.
17 Del. C. § 1004 — Delaware Code / Title 17 / Chapter 10 / Subchapter I / Section 1004
§ Â
        1004. Power to acquire real property.
Status: in_force

In order to establish a system of bikeways within this State, the Department may acquire real property by gift, devise or purchase. Title to such lands shall be in the name of the State.