17 Del. C. § 419 — Delaware Code / Title 17 / Chapter 4 / Section 419
§ Â
        419. Remedies of bondholders and trustees.
Status: in_force

Any holder of bonds issued under this chapter or any of the coupons attached thereto and the trustee under the trust indenture, if any, except to the extent the rights given by this chapter 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 suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the United States or of the state or granted under this chapter 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 any toll crossing operated by the Department.

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 be entitled to exercise all the rights and powers of the Department with respect to the crossings operated or maintained by the Department and all of the appropriate rights and powers of a receiver in equity.
17 Del. C. § 1212 — Delaware Code / Title 17 / Chapter 12 / Section 1212
§ Â
        1212. Agreements with the United States government.
Status: in_force

The Department may enter into agreements with the United States Secretary of Transportation provided by Title 23, United States Code, relating to the control of junkyards in areas adjacent to the interstate and primary systems and may take action in the name of the State to comply with the terms of such agreement.
17 Del. C. § 527 — Delaware Code / Title 17 / Chapter 5 / Section 527
§ Â
        527. Coordination with other statutes.
Status: in_force

In the event of a conflict between §§ 525 and 526 of this title and Chapter 11 of this title, §§ 525 and 526 shall take precedence.
17 Del. C. § 1305 — Delaware Code / Title 17 / Chapter 13 / Section 1305
§ Â
        1305. Right-of-way jurors; appointment and direction as to return.
Status: in_force

(a) If the Superior Court orders that the road, bridge or other right-of-way shall be vacated, or declared to be abandoned, it shall then appoint 5 judicious and impartial right-of-way jurors of the county to view said road, bridge or right-of-way and make return on a date fixed by the Court. The Court shall authorize the right-of-way jurors, so appointed, to employ, if necessary, a surveyor, and direct said right-of-way jurors to determine who shall enclose the area vacated or abandoned or any part thereof, and what portion of the costs such persons or agencies ought to pay respectively, all of which shall be set out in the return.

(b) The right-of-way jurors named in the commission shall be first sworn or affirmed as shall be directed in the commission.

(c) The return of the jurors shall be made to the Superior Court or to a judge thereof, who shall file the same in the Office of the Prothonotary.

(d) In all cases such right-of-way jurors shall assess the damages which the Department, county, governmental authority, owner or other parties in interest will sustain by reason of such road, bridge or right-of-way vacation or abandonment, including, but not limited to, loss of use, impact upon other roads, bridges or rights-of-way, improvements previously made thereto, loss of benefit or aesthetic value to the public, inconvenience or the use of road or bridge materials, and, considering all circumstances of benefit or injury which may accrue to any such party in interest therefrom, shall make a recommendation to the Court, in the return, as to apportionment thereof.
17 Del. C. § 407 — Delaware Code / Title 17 / Chapter 4 / Section 407
§ Â
        407. Use of lands under Delaware River.
Status: in_force

The State of Delaware consents to the use by the Department, in any manner whatsoever in the performance of its duties under this chapter, of all lands lying under the waters of the Delaware River which are within the State and are deemed by the Department to be necessary for the construction and operation of the Delaware Memorial Bridge and of any other toll crossing which the Department may construct or maintain under this chapter.
17 Del. C. § 1205 — Delaware Code / Title 17 / Chapter 12 / Section 1205
§ Â
        1205. Restrictions as to locations.
Status: in_force

(a) No license shall be granted for the establishment, maintenance or operation of a junkyard any portion of which is within a controlled area except the following:

(1) Junkyards which are lawfully in existence on the effective date of this chapter;

(2) Junkyards which are screened by natural objects, plantings, fences or other means found appropriate by the Department so as not to be visible from the main-traveled way of the highway of the interstate or primary systems;

(3) Junkyards located within areas which are zoned for industrial use under the laws of this State;

(4) Junkyards located within unzoned industrial areas which the Department shall find are used for industrial activities.

(b) No such license shall be granted for a junkyard which is permitted in a controlled area under this chapter solely because of paragraphs (a)(3) and (4) of this section unless such junkyard is fenced in the manner provided in paragraph (c)(3) of this section.

(c) No license shall be granted for a junkyard which is not located within the limits of an incorporated municipality and which is within 1,000 feet of the nearest edge of the right-of-way of a public highway of this State other than a highway of the interstate or primary systems except the following:

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

(2) Junkyards which are screened by natural objects, plantings, fences or other means found appropriate by the Department so as not to be visible from the main-traveled way of public highway;

(3) Junkyards which have a fence parallel to the public highway for the full length of the yard along the highway and a further fence extending back from the parallel fence the full length of the junkyard or for a distance of 1,000 feet, whichever distance shall be shorter, which fence or fences shall be at least 7 feet in height and shall to the extent of such height render the junkyard not visible from the view of persons traveling on the main-traveled way of the public highway.
17 Del. C. § 141 — Delaware Code / Title 17 / Chapter 1 / Subchapter III / Section 141
§ Â
        141. Regulation of traffic; exceptions.
Status: in_force

(a) The Department shall have jurisdiction and control of all state highways of this State outside of the limits of incorporated cities and towns for the purpose of regulating traffic and for the use and operation of all vehicles thereover, and may adopt any and all rules and regulations respecting the use of such highways and the operation of all vehicles upon the same.

(b) Each rule and regulation adopted pursuant to this section shall be in the form of a resolution signed by the Secretary or the Secretary’s designee. A permanent record of these shall be kept by the Department and at the time of adoption a copy of each shall be forwarded to the Department of Safety and Homeland Security and to the New Castle County police, if within their jurisdiction.

(c) Pursuant to this section, the Department is authorized to perform all engineering studies and traffic investigations necessary to implement this section and Chapter 41 of Title 21, and to install, maintain, operate and remove all traffic control devices necessary to implement Chapter 41 of Title 21 and regulations adopted thereunder.

(d) The Department, on the basis of engineering studies and traffic investigations, may prohibit the operation of trucks or other commercial vehicles or impose limitations as to the weight thereof on designated highways which prohibitions and limitations shall be posted as set forth in § 4505 of Title 21.

(e) Nothing in this section shall be construed as granting the Department the power to make any rules and regulations respecting the use of highways contrary to Delaware law.
17 Del. C. § 1211 — Delaware Code / Title 17 / Chapter 12 / Section 1211
§ Â
        1211. Penalties.
Status: in_force

Whoever violates this chapter or any regulation lawfully adopted pursuant to this chapter shall be fined not less than $25 nor more than $200.

Each day that a violation is allowed to continue after notice of its existence shall constitute a separate offense.
17 Del. C. § 176 — Delaware Code / Title 17 / Chapter 1 / Subchapter V / Section 176
§ Â
        176. New and existing facilities; grade-crossing eliminations.
Status: in_force

The Department may designate and establish controlled-access highways as new and additional facilities or may designate and establish an existing highway as a controlled-access facility. The State or any of its subdivisions shall have authority to provide for the elimination of intersections at grade of controlled-access facilities with existing state roads by grade separation or service road or by closing off such roads and streets at the right-of-way boundary line of such controlled-access facility; and after the establishment of any controlled-access facility, no highway or street which is not part of said facility shall intersect the same at grade, except as a temporary expedient, for which a separate resolution for each individual location shall be approved by a duly executed resolution of the Department. No city or town street, state highway, or other public way shall be opened into or connected with any such controlled-access facility without the consent and previous approval of the Department. Such consent and approval shall be given only if the public interest shall be served thereby.
17 Del. C. § 425 — Delaware Code / Title 17 / Chapter 4 / Section 425
§ Â
        425. Penalty for nonpayment of toll.
Status: in_force

Whoever uses or attempts to use any toll crossing operated or maintained by the Department without paying the toll at the rate then in force for such use, shall be fined not more than $100 or imprisoned not more than 30 days or both.
17 Del. C. § 2001 — Delaware Code / Title 17 / Chapter 20 / Section 2001
§ Â
        2001. Findings of public policy.
Status: in_force

The General Assembly finds and declares as follows:

(1) Development of renewable energy sources and their connection to the electric power grid are declared to be matters of statewide concern and interest.

(2) The Delaware Department of Transportation is responsible for the care, management, and control of State-owned roadway rights-of-way.

(3) To foster the development of renewable energy and a clean energy future in this State, responsible and reasonable accommodation of renewable energy interconnection facilities in the State-owned roadway rights-of-way shall be encouraged as an integral part of the State’s infrastructure.
17 Del. C. § 1312 — Delaware Code / Title 17 / Chapter 13 / Section 1312
§ Â
        1312. Appeal from administrative decision.
Status: in_force

Any interested party appearing before the Department may appeal such administrative decision to the Superior Court within 30 days of the final order therefrom, regarding the question of whether the road shall be vacated or abandoned or the question of the amount of damages and their apportionment. Any appeal not made pursuant to this section shall be barred and the decision of the Department shall be strictly enforceable by the Superior Court, pursuant to this chapter.
17 Del. C. § 1611 — Delaware Code / Title 17 / Chapter 16 / Section 1611
§ Â
        1611. Limitation of ROW authority.
Status: in_force

The approval of the installation, placement, maintenance, or operation of a small wireless facility pursuant to this section does not authorize the provision of any voice, data, or video communications services or the installation, placement, maintenance, or operation of any communications facilities other than small wireless facilities in the ROW.
17 Del. C. § 206 — Delaware Code / Title 17 / Chapter 1 / Subchapter VII / Section 206
§ Â
        206. Duty to complete landscaping, planting and reforestation activities; modification of project plans.
Status: in_force

(a) The Department of Transportation shall complete all landscaping, planting and reforestation activities required by this subchapter, or cause the same to be completed, and shall complete all funds transfers authorized by this subchapter within 1 year of the expiration of any guarantee or warranty period.

(b) Wherever practicable, the Department of Transportation shall modify or alter construction projects and plans to include landscaping, planting or reforestation activities within median areas and along roadside affected thereby. This includes but is not limited to modifications resulting in the increased use of earthen berms or, if necessary, metal or cement roadside barriers without compromising safety.
17 Del. C. § 518 — Delaware Code / Title 17 / Chapter 5 / Section 518
§ Â
        518. Trash within a certain distance of the highway; penalty.
Status: in_force

(a) No person shall throw, deposit or place any trash, rubbish or garbage within 100 feet of any public highway in this State.

(b) Whoever violates this section shall be punished as follows: The court shall order the violator within a specified period of time to clean up that section of the public highway or property within 100 feet of the public highway where the violator has thrown, deposited or placed trash, rubbish or garbage, except that if the violator refuses to do so, or if such is not possible or feasible, or if the violator fails to do so to the satisfaction of the court, the violator shall be fined not less than $250 nor more than $500 for each violation and there shall be no suspension of the fine.

(c) Justices of the peace shall have jurisdiction of offenses under this section.

(d) Each day that any violation is continued shall be deemed a separate offense and violation of this section.
17 Del. C. § 415 — Delaware Code / Title 17 / Chapter 4 / Section 415
§ Â
        415. Form and terms of bonds; disposition of proceeds.
Status: in_force

(a) (1) All bonds issued under the authority of this chapter shall be dated, shall bear interest at such rate or rates, not exceeding 5 percent per annum, payable semiannually, shall mature at such time or times and may be made redeemable before maturity at such times and 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.

(2) The principal of and the interest upon such bonds may be made payable in any lawful medium.

(3) 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 any bank or trust company within or without the State.

(4) a. The bonds shall be signed by the Secretary of Transportation 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 Transportation.

b. In case any officer whose signature or 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 for all purposes, as if the officer had remained in office until delivery.

(5) All bonds issued under this chapter shall have, and are declared to have, all the qualities and incidents of negotiable instruments under Title 6.

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

(7) a. The bonds may be issued in coupon or 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 or as to both principal and interest, and for the reconversion of any bonds registered both as to principal and interest into coupon bonds.

b. The Department may exchange such bonds for bonds issued under 45 Del. Laws, c. 275, as amended, or issued under this chapter or 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 may be at a price so low as to require the payment of interest on money received therefor at more than 5 percent per annum, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values.

(c) (1) The proceeds of such bonds, exclusive of accrued interest, shall be used solely for the purposes specified in the resolution of the Department authorizing the issuance thereof, or as set forth in the indenture securing their payment, which purposes may include redemption premiums, interest on bonds to be refunded to the redemption date or date of maturity thereof and all legal and other expenses of their issuance and shall be disbursed under such restrictions, if any, as said resolution or trust indenture 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 be available to the Department for the aforesaid purposes, provided, however, that if the proceeds of the bonds of any issue shall exceed the amount required for the purpose or purposes for which such bonds are authorized to be issued, the surplus may be used for any purpose of the Department authorized in this chapter or for the payment of the principal of or interest on its outstanding bonds.

(d) (1) Prior to the preparation of definitive bonds the Department may 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 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. § 901 — Delaware Code / Title 17 / Chapter 9 / Section 901
§ Â
        901. Department of Transportation to drain certain lands along highways.
Status: in_force

The Department shall drain or cause to be drained by suitable and sufficient ditches, or other conduits, waters which have backed upon lands along the right-of-way of any road or highway caused by the construction, alteration or changing of the natural contour lines and levels along and over the area confined within such right-of-way, whereby the natural flow and drainage from such lands along and over such right-of-ways is retarded, hindered or stopped.
17 Del. C. § 1725 — Delaware Code / Title 17 / Chapter 17 / Subchapter II / Section 1725
§ Â
        1725. Notice and public hearing.
Status: in_force

(a) Whenever the Delaware River and Bay Authority proposes to undertake a major 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 provide public notice of the proposed major project as follows:

(1) The notice shall describe the nature of the project including a brief synopsis of the project, a statement of whether the project requires the condemnation of public lands and a reference to the legal basis for the Authority’s proposed activities;

(2) The notice shall state the manner in which members of the public may present their views in writing, including the address to which such writing should be addressed and the final date by which such writings may be submitted;

(3) The notice shall state the date, time and place where the public hearing, if requested in accordance with subsection (b) of this section, shall be held;

(4) The notice shall be provided at least 30 days prior to the scheduled date of any public hearing requested in accordance with subsection (b) of this section; and

(5) The notice shall be publicized in a newspaper of general circulation in each of the counties.

(b) If requested by the Governor or any member of the General Assembly, or if a meritorious request for a hearing is submitted by any person, within 14 days of the date of publication of the notice, the Authority shall hold a public hearing on any major project, in order to receive information, factual evidence and public reaction subject to the following provisions:

(1) The hearing, if requested, shall be held at least 15 days prior to the date of any vote by the Commissioners relating to the major project.

(2) At the public hearing all interested persons shall be given a fair and reasonable opportunity to be heard, subject to the power of a majority of the Commissioners present to exercise such control over the conduct of the hearing, including, without limitation, the setting of equitable time limitations, as may be in the public interest.

(3) A public hearing request shall be deemed meritorious if it exhibits a familiarity with the proposed major project and a reasoned statement of the major project’s probable impact.
17 Del. C. § 175 — Delaware Code / Title 17 / Chapter 1 / Subchapter V / Section 175
§ Â
        175. Acquisition of property and property rights.
Status: in_force

For the purpose of this subchapter, the Department may acquire private or public property and property rights for controlled-access facilities and service roads, including rights of access, air, view and light, by gift, devise, purchase or condemnation in the same manner as such units are now or may, after June 22, 1956, be authorized by law to acquire such property or property rights in connection with highways and streets within its jurisdiction. All property rights acquired under this subchapter shall be in fee simple. In connection with the acquisition of property or property rights for any controlled-access facility or portion thereof or service road in connection therewith, the Department may, in its discretion, acquire 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 immediately needed for the right-of-way proper.
17 Del. C. § 420 — Delaware Code / Title 17 / Chapter 4 / Section 420
§ Â
        420. Power to collect and pledge tolls and revenues; fixation of tolls, rates or charges.
Status: in_force

(a) The Department may make and enforce such rules and regulations and establish, levy and collect (or authorize by contract, franchise, lease or otherwise, the establishment, levy and collection of) such tolls, rents, rates and other charges for the use of any toll crossing operated by the Department or any improvements or extensions thereof as it may deem necessary, proper, desirable and reasonable, and the Department may pledge such tolls, rates, rents and other revenues, or any part thereof, either presently received or to be received in the future, or both, as security for the repayment with interest of any moneys borrowed by it or advanced to it and as security for the satisfaction of any other obligation assumed by it under the authority of this chapter.

(b) Such tolls, rates, rents and other charges shall be so fixed and adjusted so as to provide funds at least sufficient, together with any other revenues of the Department, to pay the cost of maintaining, repairing and operating the toll crossings operated and maintained by the Department, and the principal of and the interest upon the outstanding revenue bonds of the Department, subject, however, to any applicable law or regulation of the United States of America now in force or enacted or made after July 27, 1955. Such tolls and all other revenues of the Department shall not revert to the General Fund of the State Treasury but shall at all times be available to the Department for the purposes set forth in this chapter. Such tolls, rates, rents or other charges shall not be subject to supervision or regulation by any other commission, board, bureau or agency of the State.

(c) The Department shall not impose, establish, levy or collect a toll that it would otherwise be permitted to impose, establish, levy or collect under this section, for any emergency vehicle of a volunteer fire company or volunteer ambulance company, or any emergency vehicle engaged in the ordinary course of business of a volunteer fire company or a volunteer ambulance company.

(d) The Department shall not impose, establish, levy or collect a toll that it would otherwise be permitted to impose, establish, levy or collect under this section for any emergency vehicle of a police agency, including marked, semi-marked or unmarked vehicles, engaged in the ordinary course of business of a state, county or municipal police agency.
17 Del. C. § 704 — Delaware Code / Title 17 / Chapter 7 / Section 704
§ Â
        704. Abandonment of roads crossing railroad at grade; relocation of roads; character of construction.
Status: in_force

(a) Whenever in the opinion of the Department a public road crossing of a railroad at grade should be abandoned, the Department may close and vacate the public road or such part thereof as may be necessary to prevent the use of the grade crossing. If, in the opinion of the Department, the convenience of the traveling public requires it, the Department shall relocate the public road or the part thereof thus vacated and shall connect the public road with some other public road which crosses the railroad. The Department may acquire any land, building, franchise, easement or other property necessary for the relocation of the road by purchase thereof or by condemnation proceedings as provided in Chapter 61 of Title 10. The character of the construction of the relocated public road shall be at the discretion of the Department and need not conform to the usual standards of the Department.

(b) Whenever any public road is vacated, who shall enclose the same or any part thereof and what portion of the costs such persons ought to pay respectively shall be determined as provided in Chapter 13 of this title.
17 Del. C. § 135 — Delaware Code / Title 17 / Chapter 1 / Subchapter III / Section 135
§ Â
        135. Authority to construct dual and express highways.
Status: in_force

(a) The Department may divide or separate any state highway into separate roadways wherever there is particular danger to the travelling public of collision between vehicles proceeding in opposite directions or from cross traffic, by constructing curbs, central dividing parkways or other physical separations, or by signs, marks or other devices, in or on the roadway, appropriate to designate the dividing line.

(b) The Department may designate as express highways, and control public or private access thereto, the westerly approach or approaches to the Delaware Memorial Bridge and any road or roads heretofore or hereafter constructed by the Department for the purpose of connecting such Bridge or its westerly approach or approaches with any existing highway in this State.
17 Del. C. § 1208 — Delaware Code / Title 17 / Chapter 12 / Section 1208
§ Â
        1208. Acquisition of real property interest to effectuate screening, relocation, etc.
Status: in_force

The Department may acquire by gift, purchase or the power of eminent domain, such interest in real property as may be necessary to secure the screening, relocation, removal or disposal of junkyards required by this chapter.
17 Del. C. § 1306 — Delaware Code / Title 17 / Chapter 13 / Section 1306
§ Â
        1306. Damages; hearing.
Status: in_force

(a) On a day fixed by the Court, a hearing shall then be had on the issue of damages as presented in the return. At such hearing all interested parties may present evidence and argument regarding the question of damages, their amount and apportionment, as are permitted under this section or at the discretion of the Court. At the close of said hearing, the Court shall enter an order affixing damages in such manner as it determines the evidence warrants.

(b) All damage questions shall be decided as provided in this chapter and shall include the right of the Department to recover the actual value of the real property, if it holds title thereto, to recover reasonable expenses for its loss of use of said vacated land, bridge or right-of-way, whether jurisdiction has been acquired by title, dedication, easement or some other means, and any reasonable costs and expenses incurred as a result of said vacation or abandonment resulting from an impact to other lands, bridges or rights-of-way within the jurisdiction of the Department.

(c) Payment of damages shall be in such amounts and under such terms and conditions as the Superior Court, by order, shall direct. Any order of the Superior Court to vacate or abandon a road, bridge or right-of-way shall not become final until all damages have been paid in accordance with the Court’s order.

(d) Whenever any interested party neglects or omits to pay or tender the amount of ascertained damages to the parties or persons entitled to the same, said interested party shall be subject to the contempt power of the Court upon proper application by any party or person to whom damages are payable pursuant to the terms of the Court’s order regarding same.

(e) Any other provision of this chapter notwithstanding, the Court or the Department in making a determination as to what damages shall be paid by the Department shall consider only 2 factors:

(1) Only persons owning real property abutting the road or part thereof to be vacated or abandoned shall be entitled to recover damages; and

(2) Any damages which may be otherwise recoverable by such persons from the Department must be offset by a monetary estimate of the benefit to be derived by said abutting real property owner.

(f) Any hearing on damages conducted at an administrative hearing shall be as provided herein.
17 Del. C. § 416 — Delaware Code / Title 17 / Chapter 4 / Section 416
§ Â
        416. Bonds as legal investments for institutions and fiduciaries, and as legal deposit.
Status: in_force

Bonds issued under the authority of this chapter 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, who now or may hereafter be 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 now or may after July 27, 1955, be authorized by law.
17 Del. C. § 326 — Delaware Code / Title 17 / Chapter 3 / Section 326
§ Â
        326. Moneys as trust funds.
Status: in_force

All moneys received pursuant to the authority of this chapter, whether as proceeds from the sale of revenue bonds as grants or other contributions or as tolls and revenues, shall be deemed to be trust funds to be held and applied solely as provided in this chapter and none thereof shall revert to the General Fund of the State Treasury. The Department shall, in the resolution authorizing the issuance of bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the tolls and revenues to be received to any officer, agency, bank or trust company, who shall act as trustee of such funds and hold and apply the same to the purposes hereof, subject to such regulations as this chapter and such resolution or trust indenture may provide.
17 Del. C. § 2003 — Delaware Code / Title 17 / Chapter 20 / Section 2003
§ Â
        2003. Regulations.
Status: in_force

The Secretary of the Department shall have the authority to promulgate regulations to fully define the requirements necessary to implement the provisions of this chapter.
17 Del. C. § 1308 — Delaware Code / Title 17 / Chapter 13 / Section 1308
§ Â
        1308. Compensation and expenses of jurors and employees.
Status: in_force

(a) The jurors shall be allowed $25 a day for their services and shall be entitled to mileage at the rate of 15 cents a mile going and returning.

(b) The Court shall fix the compensation of all persons properly employed as surveyors, chain carriers, axepersons and target bearers, and all other persons necessary to the economical execution of any order for vacating or abandoning roads, bridges or other rights-of-way, including the board and accommodation of persons properly employed in and about the execution of the work.
17 Del. C. § 531 — Delaware Code / Title 17 / Chapter 5 / Section 531
§ Â
        531. Connections to roads within restricted age communities.
Status: in_force

(a) The Department shall not accept into the state maintenance system any new road or street, pursuant to its authority under § 508 of this title, if the new road or street makes a connection to an existing street right-of-way of an adjoining residential age-restricted development, defined herein as a planned residential community whose deed restrictions or similar recorded provisions limit ownership and residence to persons 55 years of age or older.

(b) Subsection (a) of this section shall not prohibit a connection to an existing street right-of-way of an adjoining residential age-restricted development, if the new road or street is to be part of a residential age-restricted development.

(c) Subsection (a) of this section shall not prohibit a connection to an existing street right-of-way of an adjoining residential age-restricted development, if the owners of the property within that adjoining development elect to permit the connection, by a majority vote under the homeowner association rules or similar self-governance provisions applicable to that development.

(d) Subsection (a) of this section shall not prohibit a connection to an existing street right-of-way of an adjoining residential age-restricted development, if the connection is limited to a sidewalk or multi-use pathway not designed for motorized vehicles and the owners of the property within that adjoining development elect to permit the connection, by a majority vote under the homeowner association’s rules or similar self-governance provisions applicable to that development.

(e) This section shall not be applicable to those roads and streets for which acceptance into the State maintenance system under § 508 of this title has been conditioned upon agreement to potential connections to the streets and roads of an adjoining property, as evidenced by the Department’s approval of the conceptual site plan or proposed entrance configuration for the development, if granted prior to March 15, 2011.
17 Del. C. § 519 — Delaware Code / Title 17 / Chapter 5 / Section 519
§ Â
        519. William J. Winchester Bridge.
Status: in_force

The Department of Transportation is hereby directed to name the bridge which crosses the Christina River at Third Street in the City of Wilmington the “William J. Winchester Bridge.”
17 Del. C. § 1505 — Delaware Code / Title 17 / Chapter 15 / Section 1505
§ Â
        1505. Tax exemption.
Status: in_force

The ferry facilities and approaches thereto and all property acquired or used for the purpose of the ferry service in this State and the revenues thereof shall at all times be free from taxation by this State or any political subdivision thereof.
17 Del. C. § 303 — Delaware Code / Title 17 / Chapter 3 / Section 303
§ Â
        303. Acquisition of data and information.
Status: in_force

The Department shall acquire full information to enable it to maintain and operate the Bridge referred to in this chapter. It shall have access to any maps, surveys, data or information which any state agency may possess, deemed useful in the construction of the Bridge and approaches and approach highways, and the Department is empowered to acquire for such consideration and upon such terms as it may determine all data of an engineering or other character, plans, specifications, surveys, borings or other information material to the subject and deemed by the Department to be of value to it.
17 Del. C. § 191 — Delaware Code / Title 17 / Chapter 1 / Subchapter VI / Section 191
§ Â
        191. Delaware Byways Program.
Status: in_force

The Secretary shall establish within the Department a program to be known as the Delaware Byways Program (hereinafter referred to as “byways program,” or “program”) to encourage and coordinate state actions and the activities of others which relate to the development, protection, promotion, operation and management of byways. In order to carry out the purposes of the program, the Secretary is authorized to:

(1) Plan, design and develop the Delaware byways system and to designate such highways as the Department may deem appropriate as “Delaware Byways.” The process for such designation shall ensure that Delaware byways are selected and managed through a process that balances equity for property owners with the desire of the community to have a specific highway designated under this program;

(2) Ensure to the extent possible that all byway designations are continuous;

(3) Make safety improvements to a highway designated as a byway under this article to the extent such improvements are necessary to accommodate increased or reduced traffic as well as any changes necessary as a result of the types of vehicles using the highway due to such designation;

(4) Construct along such byways such improvements as may be necessary for the use and enjoyment of motorists, pedestrians and bicyclists;

(5) Improve the highway to enhance access to areas utilized for the purpose of recreation, including but not limited to youth-related activities and water-related recreation;

(6) Protect scenic, historical, natural, archaeological and cultural resources in areas adjacent to the highway;

(7) Develop and provide tourist information to the public, including interpretive information about the byway;

(8) Apply for funding from any appropriate source to further the purposes of the program, including but not limited to federal grants or private contributions; and

(9) Enter into contracts with qualified and responsible not-for-profit organizations involved in byway activities for services relating to the development of the byways program or services relating to the operation, development or promotion of a specific byway.
17 Del. C. § 1111 — Delaware Code / Title 17 / Chapter 11 / Subchapter I / Section 1111
§ Â
        1111. Public nuisance; abatement.
Status: in_force

(a) Any outdoor advertising sign, display or device which is erected or maintained in violation of this chapter or any regulations lawfully adopted pursuant to this chapter is declared to be a public nuisance and may be forthwith removed, obliterated or abated by the Department, its employees or any peace officer of this State, when such violation is not corrected after 30 days’ written notice of the violation to the owner of the sign, display or device or to the owner, lessee or occupant of the land upon which the sign, display or device is located. All costs incurred by the Department in abating a nuisance pursuant to this section shall be the responsibility of the owner of the sign, display or device and the Department shall have an action at law to recover such costs, as well as the expenses of suit.

When any sign is damaged, or falls into disrepair to the extent that obvious repairs are needed, the owner shall be notified in writing by the Department to make all necessary repairs. If the sign is not repaired, rebuilt or removed within 30 days of the notification, the applicable sign permit shall lapse and become null and void.

(b) Any person, business or company which knowingly paints, builds and erects or maintains an outdoor advertising sign without a permit shall be in violation of the chapter.

(c) (1) Any outdoor advertising sign, display or device which is erected or maintained in violation of § 1108(b)(1) of this title shall be subject to immediate removal and the other enforcement provisions of § 525 of this title, without regard to the clear zone distance limitations of that section.

(2) Paragraph (c)(1) of this section shall not apply during the 30-day period immediately preceding and the 30-day period after an election administered pursuant to Title 15, in those election districts affected by such election or elections.
17 Del. C. § 131 — Delaware Code / Title 17 / Chapter 1 / Subchapter III / Section 131
§ Â
        131. General jurisdiction.
Status: in_force

(a) All the public roads, causeways, highways and bridges in this State which have been or may hereafter be constructed, acquired or accepted by the Department of Transportation shall be under the absolute care, management and control of the Department.

(b) All roads and streets situate in unincorporated suburban communities throughout the State which were built or created between July 1, 1935, and July 1, 1951, whether paved or unpaved, shall henceforth be under the absolute care, management and control of the Department and shall be maintained, repaired and reconstructed by the said Department.

(c) The Department shall immediately commence the necessary preliminary work in order to bring these roads up to proper standards as soon as possible with due consideration for the immediate needs of certain areas.

(d) The general jurisdiction conferred upon the Department by this section shall be exercised by it by the establishment and supervision of any and all policies which may be necessary or appropriate to implement such jurisdiction.

(e) All roads and streets not dedicated to the public use and intended to be private, as indicated on the filing plan, situated in an unincorporated suburban community within the State, shall be constructed in accordance with rules and regulations adopted by the county in which such road or street is located. Such rules and regulations for construction of private subdivision streets and roads shall, in addition to specifying standards for the design and construction of such private streets and roads, establish a mechanism to provide for the perpetual maintenance of such private streets and roads, but in no event shall the State or county be responsible for such maintenance. In addition, the following provisions shall apply to all such streets and roads:

(1) In the event that the county has not adopted rules and regulations for construction of private subdivisions, streets and roads or such rules and regulations have been established and there is no mechanism contained therein to provide for the perpetual maintenance of private subdivision streets or roads, all such roads or streets shall be constructed in accordance with standards set forth by the Department of Transportation, Division of Highways, for streets and roads dedicated to public use.

(2) Private roads or streets shall not be accepted for maintenance by the State until:

a. The right-of-way for the streets and roads has been dedicated to the public use, accepted by the State and the streets and roads constructed or reconstructed at the expense of the property owners in accordance with the standards established by the Department of Transportation, Division of Highways, for streets and roads dedicated to public use in accordance with Chapter 5 of Title 9; and

b. The Department’s Division Engineer, Maintenance Engineer and Subdivision Engineer, if applicable, for the division in which the roads are situated have each certified that the roads to be accepted by the State have been constructed or reconstructed in accordance with the construction plans approved by the Department; and

c. Copies of such certifications have been forwarded to the members of the General Assembly in whose districts the roads to be accepted are situated.

(3) In the event any real property with road frontage or a private road or street, constructed or reconstructed pursuant to this section, which road or street is not to be maintained by the State, is conveyed subsequent to such construction or reconstruction, the deed conveying such real property shall contain a statement that such private street or road is not maintained by the State.

(4) Any private road, street or thoroughfare in the State shall be constructed either in accordance with state standards and pursuant to department rules and regulations or pursuant to rules and regulations established by the county. In either event, a mechanism for perpetual maintenance must be established. The State and county shall have concurrent jurisdiction to enforce the requirements of this section by legal or equitable means. The county shall withhold the issuance of building or occupancy permits for any structure abutting such road, street or thoroughfare to insure compliance with the requirements of this section.

(f) The Department of Transportation, Division of Highways, is hereby authorized to inspect all suburban community street construction and to establish and collect fees for the inspection of said street construction in amounts deemed necessary to defray costs of administering this section. All fees collected shall be placed to the credit of the Department of Transportation, Division of Highways.

(g) All roads and streets situated in unincorporated suburban communities throughout the State which were built between July 1, 1951, and July 1, 1975, whether paved or unpaved, shall, upon dedication of a right-of-way to public use, henceforth be under the absolute care, management and control of the Department of Transportation, Division of Highways, and shall be maintained, repaired and reconstructed by the said Department of Transportation, Division of Highways. Said right-of-way shall be determined by the Department of Transportation, Division of Highways, in accordance with physical conditions, but in no case shall be less than 30 feet in width. Dedication of the right-of-way must occur prior to June 30, 1978, to qualify for the aforementioned responsibilities under the auspices of this section.

(h) The Department of Transportation, Division of Highways, is hereby authorized and directed to immediately inventory all streets which may fall within this category and upon completion begin the necessary maintenance. Work to bring these roads up to proper standards, with due consideration for the immediate needs of certain areas, shall be undertaken as time and funds permit.

(i) In connection with the Department’s review of subdivision proposals affecting the transportation system, it is authorized to collect fees for the costs of administering the subdivision approval process. The fees for such purposes shall be as follows:

Initial stage fee:

1. Plan review, residential subdivisions of 5 lots or more: $400 plus $10 per lot;

2. Plan review, nonresidential property: $500 plus $20 per lot or $20 per 1,000 square feet of gross floor area, whichever is greater.

Construction stage fee:

1. Residential subdivisions of 5 lots or more: 125% of initial stage fee;

2. Nonresidential property: 150% of initial stage fee.

For review of residential subdivisions of 4 lots or less, in lieu of the staged fees set forth above, there shall be a single fee of $100. If all or a portion of the property subject to this fee is re-subdivided within 10 years of the payment of this fee, that subdivision shall be treated for fee purposes as if planned for 5 lots or more. All fees collected shall be deposited to the credit of the Transportation Trust Fund, established in Title 2.
17 Del. C. § 418 — Delaware Code / Title 17 / Chapter 4 / Section 418
§ Â
        418. Trust indenture.
Status: in_force

(a) In the discretion of the Department, each and any issue of such bonds may be secured by a trust indenture by and between the Department and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State.

(b) Such trust indenture may pledge or assign the revenues of the Department, but shall not convey or mortgage any toll crossing or other properly operated or maintained by the Department.

(c) Either the resolution providing for the issuance of the bonds or such trust indenture may contain such provisions specifying, defining, protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Department in relation to the acquisition, construction, improvement, maintenance, operation, repair and insurance of any toll crossing or additions thereto, and the custody, safeguarding and application of all moneys, and may also provide that any toll crossing constructed by the Department shall be constructed and paid for under the supervision and approval of consulting engineers employed or designated by the Department, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any other depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers.

(d) It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or to pledge such securities as may be required by the Department.

(e) Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations.

(f) In addition to the foregoing, such trust indenture may contain such other provisions as the Department may deem reasonable and proper for the security of the bondholders.

(g) All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repairs of any toll crossing to which such indenture is related or may be paid out of the revenues of the Department.
17 Del. C. § 1727 — Delaware Code / Title 17 / Chapter 17 / Subchapter II / Section 1727
§ Â
        1727. Legislative approval of the condemnation of lands devoted to public use.
Status: in_force

The Delaware River and Bay Authority shall not exercise its power of eminent domain to condemn any property, devoted to a public use, of the State, or any municipality, county, local government, agency, public authority or commission thereof, or any 1 or more of them, for any purpose other than a crossing without having first secured legislative authorization and approval of each specific condemnation of property by act of the General Assembly.
17 Del. C. § 302 — Delaware Code / Title 17 / Chapter 3 / Section 302
§ Â
        302. Operation of Bridge and construction of additions.
Status: in_force

The Department may operate and maintain the Bridge, as defined in this chapter, and may construct, operate and maintain additions thereto and improvements thereof.
17 Del. C. § 421 — Delaware Code / Title 17 / Chapter 4 / Section 421
§ Â
        421. Contributions.
Status: in_force

The Department, in addition to the moneys which may be received from the sale of bonds and from the collection of tolls and other revenues derived under this chapter, shall have authority to accept from any federal agency or other public or private body, or from any other source, grants or contributions of money or property for or in aid of the construction, maintenance or operation of the toll crossings maintained and operated by it or for or in aid of the construction, reconstruction or improvement of any highway which is authorized by this title, or for the payment of its bonds.
17 Del. C. § 509 — Delaware Code / Title 17 / Chapter 5 / Section 509
§ Â
        509. Highways deemed public roads.
Status: in_force

All public roads, causeways and bridges laid out as such, or made by lawful authority, or which have been used as such and maintained at the public charge for 20 years or more are declared to be common highways. The usage by the public for 20 years or more of any road shall not cause the road to become a common highway or public road unless the same has been maintained at the public charge for 20 years or more.
17 Del. C. § 1104 — Delaware Code / Title 17 / Chapter 11 / Subchapter I / Section 1104
§ Â
        1104. Application and issuance of permits; revocation.
Status: in_force

(a) Except as otherwise provided, no person, whether engaged in the business of outdoor advertising or not, shall erect, maintain or display any outdoor advertising sign, display or device, above or upon real property, without first obtaining a permit from the Department.

(b) A separate application for a permit shall be made for each separate outdoor advertising sign, display or device on a form furnished by the Department, which application shall contain such information as it may require. For the purpose of this subsection, each single sign panel or face shall be interpreted as constituting an outdoor advertising sign, display or device. Each application shall be accompanied by the written consent of the owner or tenant of the real property upon which such sign, display or device is to be erected or maintained. No new application shall be made for a permit to maintain any existing outdoor advertising sign, display or device or to renew a permit.

(c) The Department, in accordance with this chapter, shall issue or renew permits for a period of at least 1 year for the erection and maintenance of all types of outdoor advertising signs, displays and devices; provided, however, that all new permits issued shall expire at the next regular renewal period established by the Department. No permit shall be issued for the erection or construction of any sign which would be in violation of local law or ordinance at the time application is filed.

(d) The Department may establish and collect fees for the issuance of permits and renewals thereof. The amount of such charge shall be so fixed as to provide the Department with the funds deemed necessary by it to defray the costs of the administration of this chapter.

(e) When an application for a permit or for a renewal thereof is made by a nonresident or by a foreign corporation engaged in the business of outdoor advertising, the Department, at its discretion, as a condition to the issuance of such permit or renewal, may require such corporation to deposit with the Department a bond, in an amount and with surety to be approved by the Department, to secure such corporation’s compliance with this chapter.

(f) All sign permits issued under this section shall terminate and become void if the sign structure for which the permit is issued is not under construction within 6 months and is not fully constructed in full compliance with the terms of this chapter within 1 year after its issuance. Under no circumstances shall there be any refund of a permit fee which has become void.
17 Del. C. § 1120 — Delaware Code / Title 17 / Chapter 11 / Subchapter I / Section 1120
§ Â
        1120. Severability.
Status: in_force

If any exception, section, part, phrase, or provision of this chapter or the application thereof be held invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the exception, section, part, phrase, provision, or application directly involved in the controversy in which such judgment shall have been rendered, and shall not affect or impair the remainder of this chapter or the application thereof.
17 Del. C. § 135A — Delaware Code / Title 17 / Chapter 1 / Subchapter III / Section 135A
§ Â
        135A. Authority to construct low-speed local streets and local roads.
Status: in_force

(a) The Department may plan, designate, construct, operate, and maintain low-speed local streets or roads to improve safety in accordance with a safe system approach by implementing proven safety countermeasures, including the following:

(1) Implementing roadway reconfigurations.

(2) Narrowing travel lanes or edge line striping.

(3) Constructing raised medians, pinch points, chicanes, speed humps, speed tables, roundabouts, traffic circles, or diverters.

(4) Implementing corridor access management.

(5) Reducing clear zone conflicts.

(6) Altering the operation of signals.

(7) Other means found appropriate by the Department.

(b) The Department shall design such designated low-speed streets or roads so that they have no more than 2 through-travel lanes for motor vehicles and with a goal that the free-flowing eighty-fifth percentile motor vehicle traffic speeds are 25 miles per hour or less in municipalities and 35 miles per hour or less in unincorporated areas. Such designated local streets and local roads shall be especially designed for local traffic to safely access abutting properties at low speed. In addition, the Department shall develop and implement design standards for low-speed streets or roads in accordance with a safe system approach to meet the goals of this section, including traffic calming, diversion of motor vehicle through traffic, and the protection of vulnerable users to reduce or eliminate safety risks on designated low-speed local streets and roads.

(c) The Department shall publish annually county specific maps and lists identifying locations of fatal and serious injury crashes in all primary emphasis areas included in the Strategic Highway Safety Plan.

(d) As used in this title, “safe system approach” means working in a comprehensive way and in cooperation with other Delaware state agencies, county, and local governments to improve all aspects of roadway safety through the following 5 initiatives:

(1) Safe road users. —

Providing education and training programs to improve behavior for all users of the road.

(2) Safe vehicles. —

In addition to the requirements under Title 21, implementing technologies in the roadway infrastructure that can prevent crashes or lessen their severity.

(3) Safe speeds. —

Setting and enforcing speed limits based on what the road and surrounding environment can safely accommodate for all roadway users.

(4) Safe roads. —

Designing and maintaining all elements of the State’s roadway infrastructure to be forgiving of user mistakes and minimize the impact of crashes on human life.

(5) Post-crash care. —

Implementing emergency response systems on the State’s roadway network and technology infrastructure to enable efficient delivery of critical care to those involved in crashes.
17 Del. C. § 1501 — Delaware Code / Title 17 / Chapter 15 / Section 1501
§ Â
        1501. Title to land.
Status: in_force

The Department shall accept title on behalf of and in the name of the State to those lands necessary or convenient for use as the southerly terminus and approach for a ferry service to be established, operated and maintained by the State Highway Commissioner of the State of New Jersey between a point in Cape May County, New Jersey, and a point in Lewes, Delaware, such lands to be located in the Town of Lewes, Sussex County.
17 Del. C. § 329 — Delaware Code / Title 17 / Chapter 3 / Section 329
§ Â
        329. Pecuniary interest of member; penalty.
Status: in_force

Whoever, being a member or employee of the Department is either directly or indirectly pecuniarily interested in any contract or subcontract made in connection with the construction, improvement, repair, operation or maintenance of the Bridge, shall be fined not more than $1,000 or imprisoned not more than 2 years, or both.
17 Del. C. § 1107 — Delaware Code / Title 17 / Chapter 11 / Subchapter I / Section 1107
§ Â
        1107. Unlawful to remove or damage road markers, etc., or place advertising on highways.
Status: in_force

(a) No person shall willfully or maliciously displace, remove, destroy or injure a mileboard, milestone, danger sign or signal, guide sign or guide post or any inscription thereon, lawfully within the right-of-way of a public highway.

(b) No person shall in any manner paint, print, place, put or affix any outdoor advertising, outdoor advertising signs, displays or devices upon or to any rock, stone, tree, fence, stump, pole, milestone, danger signal, guide sign, guide post, building or other object lawfully within the right-of-way of any public highway.
17 Del. C. § 1719 — Delaware Code / Title 17 / Chapter 17 / Subchapter II / Section 1719
§ Â
        1719. The Delaware River and Bay Authority.
Status: in_force

The Commissioners appointed pursuant to this chapter shall have the authority, powers and duties and be subject to the limitations provided for in this chapter and in the said Compact between the 2 states, and together with the 6 Commissioners appointed from the state of New Jersey shall form and constitute “the Delaware River and Bay Authority” pursuant to the Delaware-New Jersey Compact.
17 Del. C. § 111 — Delaware Code / Title 17 / Chapter 1 / Subchapter II / Section 111
§ Â
        111. Secretary of Transportation; powers and duties; Chief Engineer.
Status: in_force

(a) The Secretary of Transportation shall, immediately upon assuming the duties of office and from time to time, recommend to the Department a program for the improvement of state highways and for the inclusion of additional roads or portions of roads in the state highway system, the probable cost of the construction or reconstruction of such roads or portions of roads and the roads or portions of roads which should first be improved and the probable amount of construction which could be undertaken.

(b) The Secretary shall employ, promote and discharge all persons hired by the Department, including a Chief Engineer, for the performance of work for which the Secretary is responsible. All such employment, promotion and discharge shall comply with the laws applicable to the Department.

(c) The Chief Engineer shall be not less than 30 years of age; the Chief Engineer shall be a civil engineer registered or eligible for registration as such in Delaware and shall have been in active practice of the profession for at least 10 years; the Chief Engineer shall have had responsible charge of road engineering work for at least 5 years; and the Chief Engineer shall be qualified to design as well as direct road engineering work. Graduation from a school of engineering of recognized reputation shall be considered as equivalent to 2 years of active practice. The total compensation to be paid to the Chief Engineer and the allocation thereof between the Department and any other public agency or office for services performed for the Department and any other public agency shall be determined by the Department.
17 Del. C. § 1108 — Delaware Code / Title 17 / Chapter 11 / Subchapter I / Section 1108
§ Â
        1108. Location and condition of advertising regulated.
Status: in_force

(a) Subject to subsection (c) of this section, no outdoor advertising sign, display or device, except a directional, gateway, or warning sign, official sign or notice erected by or with the approval of the Department, shall be erected subsequent to July 14, 1969, within 25 feet of the right-of-way line of any public highway if visible from any portion of the same.

(b) Subject to subsection (c) and subsection (d) of this section, no outdoor advertising sign, display or device, except a gateway sign or historical marker erected with the approval of the Department, shall be erected or maintained:

(1) On the right-of-way of any public highways;

(2) Within 25 feet of any public playground, school or church if visible from any portion of the same;

(3) Upon the inside curves or at or near a railroad crossing or a highway intersection, if such would obstruct or interfere with the view of a train, locomotive, streetcar or other vehicle at or approaching such crossing or intersection or so as to obstruct the view of such intersection or crossing or of a turn or a sharp change in alignment or in any manner dangerous to the public;

(4) If such sign, display or device is obsolete or is not in good physical condition;

(5) If such sign, display or device is not securely affixed to a substantial structure or in any way endangers traffic on any public highway.

(c) Subsection (a) of this section shall not apply to outdoor advertising signs, displays or devices which advertise the sale or lease of, or activities conducted upon, the real property where they are located, or any outdoor advertising signs displayed on any school bus waiting shelter located and approved by the State Department of Education.

(d) Beautification/landscape planting sponsorship signs located within the right-of-way of any public highway shall be erected or placed as defined below and as such are exempt from this chapter and section:

(1) Signs under the above provision denoting the name of the person or persons or organization sponsoring/or donating, planting and/or maintaining beautification/landscape projects shall require an approved right-of-way use agreement issued by the Department of Transportation;

(2) Such signs shall not exceed 6 square feet and shall be constructed, painted and lettered according to standards for material and fabrication as required by the Department of Transportation.
17 Del. C. § 702 — Delaware Code / Title 17 / Chapter 7 / Section 702
§ Â
        702. Elimination of grade crossings; ascertainment of damages to owners.
Status: in_force

Whenever eliminating any grade crossing in this State is desired, either by lowering or raising the grade of any public road at such grade crossing, whereby it becomes necessary to take or occupy any property for the purpose of eliminating such grade crossing, or whereby any damage will be done to any property adjacent thereto, the owners of such property shall be paid or tendered such damages as they shall respectively be entitled to receive, whether the damages shall be caused by the Department or by any railroad company or companies whose tracks or roadbeds are located at the crossings, which damages shall be assessed as in cases of condemnation in accordance with the procedure prescribed in Chapter 61 of Title 10.
17 Del. C. § 313 — Delaware Code / Title 17 / Chapter 3 / Section 313
§ Â
        313. Other crossings prohibited.
Status: in_force

So long as any bonds which may be issued in connection with the financing of the construction of the Bridge shall remain outstanding, 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 from the Delaware terminus of such Bridge constructed under this chapter, shall hereafter be constructed and operated by the State or by any county, municipal corporation or political subdivision of the State or by any agency or instrumentality of any 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 the authority of an act of Congress of the United States.
17 Del. C. § 501 — Delaware Code / Title 17 / Chapter 5 / Section 501
§ Â
        501. Use of public road or bridge by railway.
Status: in_force

No public road or bridge shall be used or occupied by any electric or other railway without the consent of the Department being first obtained, and such operation shall be subject to such regulations and conditions as the Department may from time to time prescribe.
17 Del. C. § 1122 — Delaware Code / Title 17 / Chapter 11 / Subchapter II / Section 1122
§ Â
        1122. Removal of nonconforming advertising; fair compensation.
Status: in_force

(a) Just compensation shall be paid upon the removal of the following outdoor advertising signs, displays and devices:

(1) Those lawfully in existence on July 14, 1969;

(2) Those lawfully on any highway made a part of the interstate or federal-aid primary system on or after July 14, 1969; and

(3) Those lawfully erected on or after July 14, 1969.

(b) The Department is authorized to acquire the necessary right in and to property and is directed to pay compensation therefor in the same manner as with other property acquired for state highway purposes with respect to the foregoing outdoor advertising signs, displays and devices. The compensation to be paid shall be for the following:

(1) The taking from the owner of such sign, display or device of all right, title, leasehold and interest in such sign, display and device; and

(2) The taking from the owner of the real property on which such sign, display or device is located, of the right to erect and maintain such signs, displays or devices thereon. Notwithstanding these provisions, no rights in and to property shall be acquired with respect to any outdoor advertising sign, display or device except to the extent that federal funds authorized to be appropriated pursuant to the federal Highway Beautification Act of 1965, as amended, to reimburse the State for 75% of the cost thereof, are in fact appropriated and allocated to the State for that purpose.
17 Del. C. § 502 — Delaware Code / Title 17 / Chapter 5 / Section 502
§ Â
        502. Closing of roads during repair.
Status: in_force

(a) Whenever, in the judgment of the Department, it is necessary to close a road or a portion thereof which is being constructed, improved or repaired by the Department, upon the adoption of a resolution by the Department to the effect that it is necessary to close such road, or portion thereof for either of the aforesaid reasons, the Department, or those having charge of the construction, improvement or repair, shall have the right to close such road, or portion thereof, to public travel by the erection of barriers or otherwise.

(b) Whoever, being other than an ordinary foot traveler, uses such road, or portion thereof while the same is closed pursuant to the resolution for any purpose whatever shall be fined not more than $100.

(c) Nothing herein contained shall in any way affect the right of persons using the road or portion thereof so closed for the purpose of necessary ingress, egress or regress to any property located thereon.
17 Del. C. § 1204 — Delaware Code / Title 17 / Chapter 12 / Section 1204
§ Â
        1204. Application and issuance of licenses.
Status: in_force

(a) No person, whether or not engaged in the junk business, shall establish, operate or maintain a junkyard within the jurisdiction of the Department under this chapter any portion of which is within 1,000 feet of the nearest edge of the right-of-way of any public highway of this State without obtaining a license from the Department.

(b) The Department, in accordance with this chapter, shall issue and renew licenses for a period of 1 year for the establishment, maintenance and operation of junkyards within its jurisdiction, provided, however, no license shall be issued for the erection or construction of any junkyard which would be in violation of local law or ordinance at the time the application is filed.

(c) The Department may establish and collect fees for the issuance of licenses and renewals thereof. The amount of such charge shall be so fixed as to provide the funds deemed necessary by it to defray the cost of the administration of this chapter.
17 Del. C. § 1304 — Delaware Code / Title 17 / Chapter 13 / Section 1304
§ Â
        1304. Vacation and abandonment hearing.
Status: in_force

(a) In all proceedings in Superior Court, after all interested parties have received notice in accordance with this chapter, a hearing shall be held in Superior Court, at which time each party before the court, including the Department, the county in which the right-of-way is located, all abutting land owners or all interested parties, may present relevant evidence regarding the necessity or advisability of the continued use of the road, bridge or right-of-way for the benefit of the general public or interested parties. Upon conclusion of the hearing, the Superior Court shall order whether said road, bridge or other right-of-way shall be vacated or declared to be abandoned. Any administrative hearing conducted by the Department shall address the same issues and utilize the criteria defined in this chapter.

(b) The Court shall also decide such other collateral issues which are raised at the hearing, including, but not limited to, whether the Department holds title to the road, bridge or other right-of-way by virtue of § 509 of this title, by deed transfer or by some other means, whether the Department, county, other governmental authority or the general public has an interest in such road, bridge or right-of-way by virtue of dedication, easement or some other means, whether such parties have a compensable interest and to whom the land, bridge or other right-of-way shall revert in the event of vacation or declaration of abandonment.

(c) Any administrative hearing to consider the question of abandonment or vacation shall be conducted in accordance with the terms of this chapter.

(d) There is a rebuttable presumption, as to all roads, bridges or other rights-of-way created or used at any time within this State, that each shall continue in existence until officially vacated or abandoned by judicial or administrative action pursuant to this chapter.

(e) In determining whether any road, bridge or other right-of-way should be vacated or declared to be abandoned, the Court or the administrative agency shall make a determination as to whether the Department, other governmental agency or general public has a use or need for the continued existence of such road, bridge or right-of-way and the judgment of the Department to keep it open shall be paramount. In making a determination in this regard, the Court or the Department shall consider such items as may be pertinent including, but not limited to, alternative routes, fitness for travel of the respective routes, previous relocation of routes performed by public authority, use of the new route as a bypass rather than an independent route, service, maintenance and repair of the respective routes, barricades or other hand-made or natural obstructions within and along the routes, the financial impact upon any interested party and any other item which the Court or the Department may deem pertinent.

(f) Any state-maintained street shall not be vacated or abandoned without the consent of the Department.

(g) As the result of the public use, as defined herein, the general public may have acquired a right to the use of such right-of-way, if clearly evidenced intent has been demonstrated such as by the grant of an easement or dedication, regardless of whether such area is classified as a state-maintained street, as defined herein. Any such right of the general public to use such right-of-way shall not place the responsibility of maintenance with the Department or any other governmental authority, without formal acceptance of such responsibility.
17 Del. C. § 1105 — Delaware Code / Title 17 / Chapter 11 / Subchapter I / Section 1105
§ Â
        1105. Advertising identification.
Status: in_force

The Department shall require that each outdoor advertising sign, display or device shall bear an identifying tag or plate to be issued by the Department, and, upon erection shall bear the name of the party responsible for the erection and maintenance of the sign and the Department shall make provisions for the details thereof.
17 Del. C. § 1003 — Delaware Code / Title 17 / Chapter 10 / Subchapter I / Section 1003
§ Â
        1003. Cooperation with other governmental agencies.
Status: in_force

The Department may cooperate with federal, county or municipal conservation boards, city or town councils or any private organizations interested in the establishment of bikeways, and may consult with such groups in the planning of appropriate bikeway routes and related activities. The Department shall, where feasible and where it finds the need justified, review all proposals submitted to it by other groups and/or agencies and may provide matching funds from moneys authorized by the capital bond issue for planning, construction and designation of bikeways.
17 Del. C. § 136 — Delaware Code / Title 17 / Chapter 1 / Subchapter III / Section 136
§ Â
        136. Improvements of roads leading to institutions.
Status: in_force

The Department may widen, straighten, grade, reconstruct and otherwise improve and maintain any road, lane or entrance leading from any public road to any institution which is owned or controlled in whole or in part by the State. The Department shall have the same rights, powers and privileges for the purpose of performing and carrying out the duty hereby imposed as it has for the purpose of constructing state highways in general.
17 Del. C. § 1309 — Delaware Code / Title 17 / Chapter 13 / Section 1309
§ Â
        1309. Costs of proceedings.
Status: in_force

The costs of proceedings for vacating or abandoning a road, bridge or other right-of-way shall be paid by the petitioners, unless such petition is granted in which case such costs shall be paid by the party or persons authorized by the return to enclose it, and in the pro rata share fixed by the return, before such enclosure.
17 Del. C. § 515 — Delaware Code / Title 17 / Chapter 5 / Section 515
§ Â
        515. Maintenance of unfenced junkyards within certain distance of highways; penalty.
Status: in_force

(a) No person shall place, store or permit the placing or storage of abandoned or scrapped automobiles, or automobiles that have been junked, or maintain or keep any yard where scrapped, abandoned or junked automobiles are kept or stored within a distance of 1/4 mile from the right-of-way of the nearest improved state or public highway, unless the yard or field wherein such automobiles are kept, placed or stored shall have erected thereon a fence parallel to the improved highway for the full length of the yard or field along the highway, and shall also have a further fence extending back from the parallel fence the full length of that portion of the field used for such storage, or for a distance of 75 feet, whichever distance shall be the shorter, which fence or fences shall be at least 7 feet in height, shall be built of wood and the panels thereof shall be spaced not more than 2 inches apart.

(b) Whoever violates subsection (a) of this section shall, for each separate offense, be fined not less than $25 nor more than $200 or imprisoned not less than 10 nor more than 60 days, or both.

(c) Each day that any violation is continued shall be deemed a separate offense and violation of subsection (a) of this section.
17 Del. C. § 525 — Delaware Code / Title 17 / Chapter 5 / Section 525
§ Â
        525. Maintenance of clear zones within rights-of-way.
Status: in_force

(a) The Department is authorized to maintain clear zones within the rights-of-way under its jurisdiction in the unincorporated areas of the State. In maintaining these clear zones, the Department shall have the immediate authority to remove artificial obstructions placed therein, including, but not limited to, nonofficial signs, poles, mailboxes not placed in conformance with Departmental regulation, or other hazards to safe passage. In removing artificial obstructions, the Department shall attempt to determine the owner of the obstruction and provide written notice and an opportunity for the owner to recover the obstruction after its removal. The Department shall also have the immediate authority to remove or trim vegetation growing within these rights-of-way.

(b) As used in this chapter, the term “clear zone” has the following meanings:

(1) For all roads except those described in paragraph (b)(2) of this section, the term includes the total roadside border area within a right-of-way, starting at the edge of the pavement and continuing for a distance of 10 feet perpendicular to the pavement edge.

(2) For all interior streets within residential subdivisions, the term includes the total roadside border area within a right-of-way, starting at the edge of the pavement and continuing for the shorter distance of either:

a. Seven feet perpendicular to the pavement edge, or

b. If there is a sidewalk adjacent to the street, the sidewalk edge further from the street.

(3) The total area within the median strips between traveled ways or on any channelization islands or on any gore areas, except as permitted by § 1108(d) of this title. For purposes of this section, “gore area” means a longitudinal point where a physical barrier or the lack of a paved surface inhibits road users from crossing from a ramp or channelized turn lane or channelized entering lane to the adjacent through lane or lanes or vice versa.

(c) The owner of any obstruction removed pursuant to this section shall be liable for a civil fine of $25 for each item so removed, payable to the Department. Justices of the Peace shall have original jurisdiction for any court proceedings relating to this fine. No owner of any such obstruction shall be entitled to the return of any removed obstruction without proof of payment of all outstanding fines.

(d) Recovery by the owner of any artificial obstruction removed by the Department under this section shall be subject to the payment of a $15 recovery fee per obstruction. If the owner does not pay the fee and recover the obstruction within 30 days of its removal, the Department shall dispose of the obstruction in the exercise of its reasonable discretion. The Department may also take such legal steps as it deems necessary and proper to collect these recovery fees, including but not limited to a debt action in the courts of this State.
17 Del. C. § 426 — Delaware Code / Title 17 / Chapter 4 / Section 426
§ Â
        426. Construction of chapter.
Status: in_force

This chapter shall be liberally construed to carry its purposes into effect.
17 Del. C. § 1608 — Delaware Code / Title 17 / Chapter 16 / Section 1608
§ Â
        1608. Relocation of small wireless facilities.
Status: in_force

Whenever it becomes necessary to relocate any wireless facility due to expansion of the transportation system or if it is found to interfere unreasonably with the ingress and egress to adjacent properties or their development, or for reasons deemed in the public interest by the Department, the wireless provider shall relocate its small wireless facility at its sole expense to a location mutually agreed upon by the wireless provider and the Department at a time and manner prescribed by the Department.
17 Del. C. § 148 — Delaware Code / Title 17 / Chapter 1 / Subchapter III / Section 148
§ Â
        148. Trust fund.
Status: in_force

All moneys received pursuant to this title as proceeds from the sale, lease or rental of land with or without improvements, regardless of the source of funding for the original purchase of the aforesaid land or improvements, shall be credited to a special fund established by the State Treasurer and transferred quarterly to the Transportation Trust Fund. Such revenues shall be utilized by the Department to carry out the general purposes of this title. Moneys received pursuant to this section that originate from federal funding will be credited to the proper projects/accounts in accordance with established federal guidelines.
17 Del. C. § 1712 — Delaware Code / Title 17 / Chapter 17 / Subchapter II / Section 1712
§ Â
        1712. Effective date; terms of Commissioners.
Status: in_force

If the state of New Jersey enacts legislation agreeing to the exact terms of the Delaware-New Jersey Compact, Congress consents thereto and Congress amends 60 Stat. 553 to eliminate the present requirement that the Delaware Memorial Bridge shall become toll free upon payment of the outstanding revenue bonds on or before July 1, 1962, then the said Compact shall become effective on July 1, 1962; but if these events shall not all be completed until after July 1, 1962, then the said Compact shall take effect on the date of the last required event. The first Commissioners from Delaware may take office on or after the date on which said Compact takes effect, but the designation of their terms shall be such that the term of at least 1 Commissioner shall expire each year and each such term shall be computed from July 1, 1962, notwithstanding that the Compact may not become effective until after that date.
17 Del. C. § 1502 — Delaware Code / Title 17 / Chapter 15 / Section 1502
§ Â
        1502. Use of lands.
Status: in_force

The Department shall take title to the lands as provided in § 1501 of this title and shall hold the same dedicated to the purpose of the construction, operation and maintenance of terminal facilities for a ferry service so long as such service shall exist, and no tolls shall be charged by the State for the use of such facilities. However, this State shall not be liable in any respect whatsoever for any expense, cost, liability or indebtedness incurred for the construction, operation or maintenance of such service or facilities.
17 Del. C. § 528 — Delaware Code / Title 17 / Chapter 5 / Section 528
§ Â
        528. Restrictions against vehicle sales activities on State rights-of-way.
Status: in_force

(a) No vehicle shall be left unattended on a state right-of-way for the purpose of selling such vehicle.

(b) If a duly authorized employee of the Department of Transportation or a police officer shall determine that an unattended vehicle is on state right-of-way in violation of subsection (a) of this section, the vehicle may be removed from that location without prior notice to the registered owner of the vehicle, and taken to a private storage area maintained for the safe storage of vehicles, as prescribed by the towing and storage procedures in current use by the Delaware State Police or the Department of Transportation. Any costs of the removal and storage shall be borne by the registered owner of said vehicle, who shall be held prima facie responsible for the violation of this section.

(c) The registered owner of any vehicle towed from a state right-of-way pursuant to this section shall also be subject to the enforcement provisions of § 4181 of Title 21.

(d) This section shall not apply to vehicles left unattended on a state right-of-way due to the presence of a disabling condition or otherwise legally parked on the right-of-way.
17 Del. C. § 1301 — Delaware Code / Title 17 / Chapter 13 / Section 1301
§ Â
        1301. Jurisdiction of Superior Court and Department of Transportation.
Status: in_force

(a) The Superior Court shall have jurisdiction to vacate public roads, bridges and all other rights-of-way, including, but not limited to, alleys, pathways, walkways and the like, whether within the jurisdiction of the Department, the county in which it is located, municipalities, towns, any governmental authority or the general public, including areas not within the jurisdiction of a governmental authority, but for which the general public or specific members of the public have acquired an interest. The Court shall, in its final order, decide all questions raised concerning the vacation or collateral issues including the award of damages and shall further have the authority to review any decision made by the Department, county or other governmental authority concerning the abandonment or vacation of such rights-of-way.

(b) The Department shall have jurisdiction and authority to conduct such administrative hearings and procedures as defined herein to vacate or abandon public roads, bridges and all other rights-of-way, as provided herein.

(c) This chapter shall not preclude the Department from seeking equitable relief in the Court of Chancery for this State on any issue, including, but not limited to, injunctive relief, actions to acquire or quiet title, declaratory judgment or any other matter in the nature of an equitable remedy.
17 Del. C. § 1605 — Delaware Code / Title 17 / Chapter 16 / Section 1605
§ Â
        1605. Fees.
Status: in_force

The Department may not charge a wireless provider an application fee or fee or rate for the use of the ROW with respect to the construction, installation, mounting, maintenance, modification, operation, or replacement of a wireless facility or small wireless support structure in the ROW, including collocation in such ROW. However, wireless providers shall pay the actual, reasonable costs borne by the Department attributable to the processing and administration of a program to authorize the accommodation, review and issuance of construction permits, and conduct inspections of wireless facilities in the ROW if necessary. Such fees shall not exceed $100 for each small cell facility on a permit application. If there are additional nonrecurring expenses associated with inspections for new installations or construction, wireless providers shall pay the actual, reasonable cost borne by the Department attributable to each provider’s inspections where it exceeds the permit fee collected. In any controversy concerning the appropriateness of the fee, the Department shall have the burden of proving that the fees are reasonably related to the actual, direct and reasonable costs incurred. Micro wireless facilities are not subject to such processing and administration costs.
17 Del. C. § 903 — Delaware Code / Title 17 / Chapter 9 / Section 903
§ Â
        903. Drainage of flooded highway.
Status: in_force

The Department, upon being notified that any lands along the right-of-way of any road or highway are covered with water resulting from the construction, alteration or changing of such road or highway as provided in §§ 901 and 902 of this title shall forthwith drain, or cause to be drained by 1 or more ditches, or other conduits, such water from such lands.
17 Del. C. § 323 — Delaware Code / Title 17 / Chapter 3 / Section 323
§ Â
        323. Power to collect and pledge tolls; sinking fund.
Status: in_force

The Department may make and enforce such rules and regulations and establish, levy and collect (or may authorize by contract, franchise, lease or otherwise, the establishment, levy and collection of) such tolls, rents, rates and other charges in connection with the Bridge and any improvements or extensions thereof as it may deem necessary, proper, desirable and reasonable. The Department may pledge such tolls, rates, rents and other revenues, or any part thereof, either presently received or to be received in the future, or both, as security for the repayment with interest of any moneys borrowed by it or advanced to it for any of the purposes of the Bridge and as security for the satisfaction of any other obligation assumed by it in connection with the construction, extension, maintenance and repair of such Bridge.

Such tolls, rents, rates and other charges shall be so fixed and adjusted as to provide a fund sufficient, which, with other revenues of the Bridge, will pay (1) the cost of maintaining, repairing and operating such Bridge, unless such cost shall be otherwise provided for, and (2) the bonds and the interest thereon as the same shall become due, subject, however, to any applicable law or regulation of the United States of America. Such tolls and all other revenues derived from the Bridge shall not 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. Such tolls, rates, rents or other charges shall not be subject to supervision or regulation by any other commission, board, bureau or agency of the State. The tolls and all other revenues derived from the Bridge, except such part thereof as may be required to pay the cost of maintaining, repairing and operating the Bridge and to provide such reserves therefor as may be provided for in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be set aside, at such regular intervals as may be provided in such resolution or such trust indenture, in a sinking fund which is pledged to and charged with the payment of (1) the interest upon such bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary fiscal agency charges for paying principal and interest and (4) any premium upon bonds retired by call or purchase as herein provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all bonds without distinction or priority of one over another. Subject to the resolution authorizing the issuance of bonds or of the trust indenture, any moneys in such sinking fund in excess of an amount equal to 1 years interest on all bonds then outstanding may be applied to the purchase or redemption of bonds. All bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.
17 Del. C. § 417 — Delaware Code / Title 17 / Chapter 4 / Section 417
§ Â
        417. Credit of State not pledged.
Status: in_force

Bonds issued under this chapter shall be payable exclusively from the revenues of the Department and shall contain a statement on their face that the state shall not be obligated to pay the bonds or the interest thereon except from such revenues, and that the faith and credit of the State are not pledged to the payment of the principal or interest on such bonds. The issuance of bonds under this chapter shall not directly or indirectly or contingently obligate the State to levy or pledge any form of taxation whatever therefor or to make any appropriation for their payment.
17 Del. C. § 1001 — Delaware Code / Title 17 / Chapter 10 / Subchapter I / Section 1001
§ Â
        1001. Authority for establishment of bikeways.
Status: in_force

The Department of Transportation, Division of Highways, referred to in this chapter as “the Department,” is hereby authorized to establish bikeways within this State for the use, enjoyment and participation of the public in nonmotorized bicycling. The routes established for such bikeways shall be designed with consideration for the safety of both cyclists and motorists and may be separate roadways, or may utilize existing roads, streets and parkways or other appropriate thoroughfares. Such bikeways may also be constructed on land acquired by the Department specifically for that purpose.
17 Del. C. § 1717 — Delaware Code / Title 17 / Chapter 17 / Subchapter II / Section 1717
§ Â
        1717. Political representation.
Status: in_force

No more than 4 of the 6 Commissioners from this State shall be of the same political party at any 1 time.
17 Del. C. § 1614 — Delaware Code / Title 17 / Chapter 16 / Section 1614
§ Â
        1614. Collocation on department wireless support structures, utility poles and land outside the ROW.
Status: in_force

The Department may authorize wireless facilities on small wireless support structures, other structures that exceed the height limitations in § 1606(g) of this title, and utility poles on lands owned or controlled by the Department that are not located within the ROW. 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.
17 Del. C. § 1803 — Delaware Code / Title 17 / Chapter 18 / Section 1803
§ Â
        1803. Successors to the Delaware Interstate Highway Division.
Status: in_force

Except as provided in this chapter, the Authority, as agent for said Bridge, shall exercise, succeed to, perform and be bound by all the rights, powers, authority, duties and obligations heretofore exercised by, performed by, or binding upon the Delaware Interstate Highway Division, as successor to the Delaware State Highway Department, insofar as they pertain to the said Bridge.
17 Del. C. § 408 — Delaware Code / Title 17 / Chapter 4 / Section 408
§ Â
        408. Regulations for use of Bridge or other toll crossings for public utility facilities; penalty for violations.
Status: in_force

(a) The Department may establish regulations respecting the use of the Delaware Memorial Bridge and/or any other toll crossing which it may construct or maintain by this chapter by any person, partnership, association or corporation desiring to use said crossing, its approaches, appurtenances or any part thereof, including the approach highways connecting with such Bridge, for placing therein or thereon gas or oil pipe lines, 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 of the use of any such crossing, including regulations established by the Department regulating traffic over any such crossing and its approaches or approach highways, shall be fined not more than $100 for each such offense.
17 Del. C. § 139 — Delaware Code / Title 17 / Chapter 1 / Subchapter III / Section 139
§ Â
        139. Notice to landowners; written claim for damages.
Status: in_force

After the Department has determined upon the road or roads which shall be maintained as state highways, it shall cause notice thereof to be sent by mail, a record of which shall be preserved, to all persons owning property abutting upon or contiguous to such road or roads, and any such owner or the legal representative of any such owner, who after such notice has been given shall construct any building within 60 feet of the center line of any such road, shall be allowed no compensation for such building, upon the condemnation thereof, or the land upon which it is situated, unless such owner shall serve written notice upon the Department within 3 months from the time that the owner receives such notice that the owner claims damages.
17 Del. C. § 1114 — Delaware Code / Title 17 / Chapter 11 / Subchapter I / Section 1114
§ Â
        1114. Signs excepted from provisions of this subchapter.
Status: in_force

The classes of signs described below are excepted from all provisions of this subchapter other than the provisions of § 1103(a)(2) insofar as those provisions may be implemented by regulations controlling and restricting outdoor advertising signs, displays and devices in controlled areas:

(1) Outdoor advertising signs, displays and devices 32 square feet or less erected or maintained upon real property and placed on the premises to identify a business conducted thereon.

(2) Outdoor advertising signs, displays and devices (containing 12 square feet or less in areas zoned residential or 32 square feet or less in areas zoned otherwise) upon real property stating that the property, or a part thereof, is for sale or for rent.

(3) A notice or advertisement required by law in any legal proceeding or put upon the property by public authority.

(4) A danger or precautionary sign containing 2 square feet or less relating to the premises or a sign warning of the condition of or danger of travel on a highway.

(5) Any notice or sign of any railroad or other transportation or transmission or communication company necessary for the direction or information or safety of the public.

(6) Any sign containing 6 square feet or less and directing travelers to any town, village, city, historical site or attractions, provided the same is maintained at public expense.

(7) Nonofficial signs displayed on transit shelters under contracts approved by the Department.
17 Del. C. § 1729 — Delaware Code / Title 17 / Chapter 17 / Subchapter II / Section 1729
§ Â
        1729. The Delaware River and Bay Authority â Airports.
Status: in_force

The General Assembly, acting pursuant to provisions of § 1726 of this title, has authorized the Delaware River & Bay Authority, pursuant to the procedure set forth in the Delaware-New Jersey Compact (§ 1701 of this title) and all other applicable statutory requirements, to lease, develop and operate the New Castle County Airport, the Civil Air Terminal and the Delaware Airpark located in Cheswold, Delaware. Pursuant to Article VII of the Compact, the Authority is authorized to adopt rules and regulations to carry out and discharge its powers, duties and functions, and pursuant to Article XV of the Compact, Delaware may provide by law what penalty or penalties shall be imposed for violation of any lawful rule or regulation of the Authority and for the manner of enforcing the same. Pursuant to these provisions, the following applies to any person’s failure to comply with or violation of rules or regulations of the Authority relating to any airports which the Authority leases, acquires, develops or operates with the approval of the General Assembly.

(1) Any person failing to comply with or violating any rule or regulation of the Authority relating to the management and operation of any airport shall be guilty of a violation of law. Upon conviction thereof, a penalty in the form of a fine not less than $10 or more than $1,000 and costs shall be assessed for the first offense. For the second offense occurring within 12 months after the date of the first offense, the penalty shall be a fine of not less than $50 or more than $1,000. For each subsequent offense thereafter, but occurring within 12 months of the date of the first offense, the penalty shall be a fine of not less than $100 or more than $1,000. Each day any violation of the relevant rules and regulations shall continue constitutes a separate offense for which a separate penalty for each day shall be imposed.

(2) Justices of the Peace of this State shall have jurisdiction throughout the State to hear, try and finally determine any violations of any rule or regulation of the Authority. Any person convicted of such violation may be fined not more than $1,000 for violation. Fines collected for the violation of any rule or regulation of the Authority shall inure and be paid to the State Treasurer for the General Fund.

(3) Any person arrested without a warrant for any violation of an Authority rule or regulation shall have such person’s case heard and determined by a Justice of the Peace.

(4) A summons in appropriate form to be adopted by the Department of Safety and Homeland Security may be attached to any unattended vehicle found in violation of any rule or regulation of the Authority by any police officer authorized to arrest for violations of any Authority rule or regulation in lieu of arrest of the operator of such vehicle.
17 Del. C. § 1005 — Delaware Code / Title 17 / Chapter 10 / Subchapter I / Section 1005
§ Â
        1005. Bikeway planning.
Status: in_force

The Department shall maintain a planning activity concerned with the near and long-term development of bikeways within the State.
17 Del. C. § 149 — Delaware Code / Title 17 / Chapter 1 / Subchapter III / Section 149
§ Â
        149. Authority to adopt regulations governing state land.
Status: in_force

(a) The Department shall have the authority to adopt rules, regulations or restrictions governing the use of or the conduct on those lands owned, controlled or in the custody of the Department. Such rules, regulations or restrictions adopted pursuant hereto may be adopted to control such behavior as, but not limited to, loud and tumultuous behavior, the sale or consumption of alcoholic beverages, or sales of goods or services for profit or vending operations of any kind without a permit issued by the Department. The Department shall also have the authority to issue rules and regulations to meet its requirements under federal, state and local environmental laws, including but not limited to the National Pollutant Discharge Elimination System (NPDES) permits required by the Clean Water Act [33 U.S.C. § 1342 et seq.].

(b) Any violation of any rule, regulation or restriction adopted pursuant hereto by the Department shall constitute a class B misdemeanor as defined in Title 11 and any person found to be in violation thereof shall receive a penalty in accordance therewith.

(c) (1) Legislative findings. — The General Assembly finds that the proliferation of sporting and recreational activity taking place in and adjacent to the State’s public rights-of-way is growing along with the State’s population, and further finds that such mixed-use activity threatens the safety of the recreants as well as members of the motoring public.

(2) In keeping with the General Assembly’s legislative findings herein, and in order to promote safe neighborhood recreation, the Department shall make every effort to remove from public rights-of-way devices such as basketball hoops, hockey goals, shuffleboards and the like. The Department is further authorized and directed to establish such regulations as may be necessary and appropriate to enforce this activity. The regulations may include provisions for recreational use agreements with public agencies or other responsible entities for State property under Department control, that the Department may determine as suitable for these activities. Notwithstanding any other provision of state law to the contrary, any repeat offender found in violation of the regulations adopted pursuant to this subsection shall pay a fine of $25 per incident.
17 Del. C. § 314 — Delaware Code / Title 17 / Chapter 3 / Section 314
§ Â
        314. Conferred powers as continuing.
Status: in_force

The powers herein conferred upon the Department shall be deemed to be continuing powers and may be exercised from time to time and shall not be deemed to be exhausted by any particular exercise thereof.
17 Del. C. § 1603 — Delaware Code / Title 17 / Chapter 16 / Section 1603
§ Â
        1603. Definitions.
Status: in_force

As used in this chapter, unless the context otherwise requires:

(1) “Antenna” means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.

(2) “Applicable codes” means uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons to the extent not inconsistent with the terms of this chapter. The term shall also include the highway engineering manuals, regulations, design standards and guidance adopted by the Department to ensure the safety of travelers on Delaware’s roadways and the provision of roadside safety for errant vehicles.

(3) “Applicant” means any person who submits an application and is a wireless provider.

(4) “Application” means a request submitted by an applicant to the Department for a permit:

a. To collocate small wireless facilities; or

b. To approve the installation or modification of a utility pole or wireless support structure.

(5) “Collocate” means to install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a small wireless support structure or utility pole.

(6) “Collocation” has a corresponding meaning.

(7) “Communications service provider” means: a cable operator, as defined in 47 U.S.C. § 522(5); a provider of information service, as defined in 47 U.S.C. § 153(24); a telecommunications carrier, as defined in 47 U.S.C. § 153(51); or a wireless provider.

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

(9) “Department pole” means a pole owned or operated by the Department in the state right-of-way (ROW), including, a camera pole, roadway lighting pole, traffic signal strain pole and overhead sign structure.

(10) “FCC” means the Federal Communications Commission of the United States.

(11) “Fee” means a 1-time charge.

(12) “Law” means federal, state, or local law, statute, common law, code, rule, regulation, order, or ordinance.

(13) “Micro wireless facility” means a small wireless facility that is not larger in dimension than 24 inches in length, 15 inches in width, 12 inches in height and that has an exterior antenna, if any, no longer than 11 inches.

(14) “Permit” means a written authorization required by the Department to perform an action or initiate, continue, or complete a project.

(15) “Person” means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the Department.

(16) “Rate” means a recurring charge.

(17) “Small wireless facility” means a wireless facility that meets both of the following qualifications:

a. Each antenna is located inside an enclosure of no more than 6 cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than 6 cubic feet; and

b. All other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume.

The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, ground-based enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services.

(18) “Small wireless support structure” means: a freestanding structure, such as a monopole; tower, either guyed or self-supporting; billboard; or, other existing or proposed structure that complies with the height restrictions in § 1606(g) of this title designed to support or capable of supporting wireless facilities. Such term shall not include a utility pole.

(19) “State rights-of-way” or “ROW” means the area on, below, or above or across public roads, causeways, highways, bridges in the State which have been or may hereafter be constructed, acquired, or accepted by the Department. The term does not include any public roads, causeways, highways and bridges that are considered a controlled access facility as defined in § 172 of this title.

(20) “Utility pole” means a pole or similar structure owned by a public utility located in the ROW. Such term shall not include structures supporting only wireless facilities.

(21) a. “Wireless facility” means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including:

1. Equipment associated with wireless communications; and

2. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.

The term includes small wireless facilities.

b. The term does not include:

1. The structure or improvements on, under, or within which the equipment is collocated;

2. Wireline backhaul facilities; or

3. Coaxial or fiber optic cable that is between utility poles or wireless support structures or that is otherwise not immediately adjacent to or directly associated with a particular antenna.

(22) “Wireless infrastructure provider” means any person, including a person authorized to provide telecommunications service in the state, that builds or installs wireless communication transmission equipment, wireless facilities or wireless support structures, pursuant to an agreement with a wireless service provider. The term does not include a wireless services provider.

(23) “Wireless provider” means a wireless infrastructure provider or a wireless services provider.

(24) “Wireless services” means any services provided using licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities.

(25) “Wireless services provider” means a person who provides wireless services.
17 Del. C. § 177 — Delaware Code / Title 17 / Chapter 1 / Subchapter V / Section 177
§ Â
        177. Authority of local units to consent.
Status: in_force

The Department may enter into agreements with other states, counties, towns or with the federal government respecting financing, planning, establishment, improvement, maintenance, use, regulation or vacation of controlled-access facilities or other public ways in its jurisdiction to facilitate the purposes of this subchapter.
17 Del. C. § 220 — Delaware Code / Title 17 / Chapter 1 / Subchapter VIII / Section 220
§ Â
        220. Findings and intent.
Status: in_force

(a) The Brandywine Valley National Scenic Byway (the “National Scenic Byway”), which includes Delaware Route 52 within the State of Delaware from Rodney Square to the Pennsylvania Line and Delaware Route 100 from its intersection with Delaware Route 52 to the Pennsylvania line, was designated in 2005 as the first National Byway in the State of Delaware. The General Assembly hereby finds that the historic, cultural and scenic qualities of National Scenic Byway are unique and worthy of special consideration.

(b) In recognition of the foregoing, it is the intent of the General Assembly to establish a permanent, interdisciplinary advisory board comprised of such individuals as provided below, to assist policymakers and other stakeholders in preserving, maintaining and enhancing the National Scenic Byway.
17 Del. C. § 1113 — Delaware Code / Title 17 / Chapter 11 / Subchapter I / Section 1113
§ Â
        1113. Penalties.
Status: in_force

Whoever violates this chapter or any regulation lawfully adopted pursuant to this chapter shall be fined not less than $10 nor more than $50.

Each day that a violation is allowed to continue after 30 days’ written notice of its existence shall constitute a separate offense.
17 Del. C. § 1718 — Delaware Code / Title 17 / Chapter 17 / Subchapter II / Section 1718
§ Â
        1718. Compensation of Commissioners.
Status: in_force

For the period during which any Commissioner shall hold office, the Commissioner shall be entitled to reimbursement for any necessary expenses incurred on the business of the Delaware River and Bay Authority, which shall be paid only from revenues received by the Authority and available for administrative expenses.
17 Del. C. § 1714 — Delaware Code / Title 17 / Chapter 17 / Subchapter II / Section 1714
§ Â
        1714. Successors.
Status: in_force

After the expiration of the term of each Delaware Commissioner and each succeeding Commissioner thereafter, the Governor shall, by and with the advice and consent of the Senate, appoint a successor, who shall hold office for a term of 5 years or until the Commissioner’s successor has been appointed and qualified. In making such appointments, the Governor shall endeavor to appoint as Commissioners a representative number of women and minorities.
17 Del. C. § 530 — Delaware Code / Title 17 / Chapter 5 / Section 530
§ Â
        530. Dedication of right-of-way adjacent to a state highway.
Status: in_force

Notwithstanding any rule, law, or provision to the contrary, the dedication of a right-of-way along a state highway by any property owner pursuing a subdivision of their land, shall not be required where the property being subdivided is a farm or farmland and a right-of way is not deemed by the Department to be necessary due to safety issues that would be directly caused by the requested subdivision and:

(1) The parcel is subdivided into no more than 2 parcels which are continued to be used as a farm or farmland; or

(2) The subdivided parcel or parcels are transferred to a family member or members for purposes of use as a family member or members’ principal residence or farmland.

The Department shall have the burden of proof to establish by clear and convincing evidence that a right-of-way is necessary due to safety issues directly caused by the requested subdivision. Should the Department require a right-of-way dedication pursuant to this section and fail to meet its burden of proof in a court proceeding then the property owner shall be entitled to reimbursement of their reasonable costs including but not limited to reasonable attorney fees incurred as a result of the Department’s action.
17 Del. C. § 2004 — Delaware Code / Title 17 / Chapter 20 / Section 2004
§ Â
        2004. Permits.
Status: in_force

(a) A renewable energy entity must first obtain a certificate of public convenience and necessity from the Public Service Commission under the provisions § 203F of Title 26, and thereafter may apply for a permit from the Department prior to constructing, modifying, or maintaining renewable energy interconnection facilities in the State’s ROW.

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

(1) The applicant shall, wherever possible, place renewable energy interconnection facilities underground, but the Department can authorize above-ground facilities where safety and other consideration allow such placement.

(2) Within 30 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 identify the missing information.

(3) The Department will process permits within 90 days either approving the permit request, or denying the permit request for cause based on the Department finding that the permit request fails to comply with any of the following:

a. Protection of the public health, safety and welfare along Delaware’s roadways.

b. Minimization of conflicts with the use of the State’s ROW for the primary purpose of transportation.

c. Objective, reasonable design standards.

d. Applicable codes including applicable provisions of the Delaware Utilities Manual Regulations, unless or until the Secretary of the Department promulgates regulations specific to accommodation of renewable energy interconnection facilities in the State’s ROW.
17 Del. C. § 802 — Delaware Code / Title 17 / Chapter 8 / Section 802
§ Â
        802. Payments to contractor impressed with trust.
Status: in_force

All moneys or funds received by a contractor in connection with the erection, construction, completion, authorization or repair of any highway, right-of-way, turnpike or toll express highway, including shoulders, median strips, parkways and islands, by such contractor shall be trust funds in the hands of the contractor.
17 Del. C. § 146 — Delaware Code / Title 17 / Chapter 1 / Subchapter III / Section 146
§ Â
        146. Access to state-maintained highways.
Status: in_force

(a) The Department is authorized to adopt standards and regulations for the location, design, construction, reconstruction, maintenance, use and control of vehicular and pedestrian access to and from any state-maintained highway in order to protect public safety, to maintain smooth traffic flow, to maintain highway right-of-way drainage, to regulate drainage from property leading into or carried by the highway drainage system and any other public purpose, as determined by the Department.

(b) No person, firm, or corporation shall construct, open, reconstruct, maintain, modify or use any crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications leading into or carried by the highway drainage system, without first having complied with standards and regulations adopted by the Department and having obtained a permit issued by the Department.

(c) Any person, firm, or corporation who constructs, opens, reconstructs, maintains, uses or modifies an entrance onto or an exit from a state-maintained highway, street or road without first having complied with standards and regulations adopted by the Department and having obtained a permit from the Department for such entrance or exit shall be punished by a fine of not less than $100 nor more than $1,000 for each offense, and a further sum in an amount equal to the amount fined for the initial offense for each and every day such violation exists.

(d) For purposes of this section, whenever the use to which a property is being put is changed such that there will be a significant alteration in the character, flow or volume of traffic, as determined within the sole discretion of the Department, a new permit shall be required.

(e) The Justice of the Peace Courts shall have jurisdiction over violations of subsections (b), (c), and (d) of this section.

(f) In addition to whatever legal or equitable remedies are available, the Department may install barricades across or remove any entrance or exit constructed, opened, reconstructed, maintained, modified or used in violation of this section and the standards or regulations adopted pursuant thereto, at the expense of the property owner.

(g) (1) An applicant who has submitted an accepted entrance plan for review and obtained an erosion and sediment control permit may request, and the Department must issue within 10 business days, a temporary entrance permit to perform on-site permitted construction activities for any commercial or economic development project. An applicant who obtains such a temporary entrance permit and performs such on-site permitted construction activities does so at its own risk and the State, including all of its agencies, shall not be responsible for any harm to the applicant including denial of the project, required modifications to plans or work, and permits not being issued. No certificate of occupancy shall be issued prior to entrance plan approval and entrance construction being substantially complete.

(2) For purposes of this subsection, “economic development project” means a development project creating full-time jobs, that is consistent with an adopted local government comprehensive plan and local land development and zoning ordinances.

(h) (1) Any residential subdivision defined as a Level I or Level II project by the Department in the most recent version of the DelDOT Development Coordination Manual from which access is provided to a state-maintained highway shall be eligible to receive a credit for construction of off-premises improvements to a state-maintained highway. The credited amount shall be a percentage of the cost of the improvements equal to the percentage of the affordable housing lots that are set aside for affordable housing. The developer shall be relieved of the requirement to provide improvements consistent with the credited percentage. The Department shall administer this section and may promulgate regulations for that purpose.

(2) For purposes of this subsection, “affordable housing lots” means a lot on which a residential dwelling is intended to be constructed for a household whose income does not exceed 100% of the median income for the area as defined by the United States Department of Housing and Urban Development.

(i) Along existing highways, the Department may exercise its authority under § 137 of this title to acquire property rights for consolidating commercial entrances or to create new commercial interconnections, when the Department determines such consolidation or interconnection would likely improve safety in accordance with a “safe system approach,” as defined in § 135A of this title. Private properties made nonconforming under local zoning codes as a result of Delaware state acquisitions to consolidate entrances for traffic safety reasons are exempt from variance requirements under any county or municipal zoning code.
17 Del. C. § 1607 — Delaware Code / Title 17 / Chapter 16 / Section 1607
§ Â
        1607. Use and occupancy agreement.
Status: in_force

(a) The Department is authorized to enter into use and occupancy agreements with wireless providers for the accommodation of wireless facilities in the ROW under terms that:

(1) Protect the safety of travelers on Delaware’s roadways;

(2) Minimize conflicts with the use of the State’s ROW for the primary purpose of transportation;

(3) Facilitate the placement of small wireless facilities at locations that do not unreasonably interfere with existing public uses; and

(4) Are competitively neutral and nondiscriminatory.

(b) Such agreements shall be for a term of 10 years with an option to renew for additional 5-year terms.

(c) Such agreements are nonassignable and nontransferable without the reasonable consent of the Department that the assignee or transferee has the financial, technical, organizational and managerial resources needed to operate in the ROW and protect the public health, safety and welfare.

(d) Each wireless provider holding a valid use and occupancy agreement shall comply with the Underground Utility Damage Prevention and Safety Act, § 801 of Title 26, et seq. to the extent applicable.
17 Del. C. § 1728 — Delaware Code / Title 17 / Chapter 17 / Subchapter II / Section 1728
§ Â
        1728. Volume discount bridge toll rates.
Status: in_force

The Delaware River and Bay Authority shall not increase any rate of bridge toll charged as a volume discount rate from the rate in effect on the earlier of the effective date of the legislation amending the Delaware-New Jersey Compact as adopted by (i) the 135th Delaware General Assembly or (ii) the New Jersey Legislature, for a period of 10 years following such date, if the increase would cause such volume discount rate to exceed 25 percent of the basic toll rate charged by the Authority for individual bridge crossings by passenger automobiles, provided that the Authority may raise such volume discount rate in excess of this 25 percent limitation to the extent that such increase is determined by the Authority to be reasonably necessary for the protection of the Authority’s bondholders in accordance with Article XI of the Delaware-New Jersey Compact.
17 Del. C. § 1132 — Delaware Code / Title 17 / Chapter 11 / Subchapter III / Section 1132
§ Â
        1132. Sign limitations on state toll highways.
Status: in_force

(a) Notwithstanding any other provisions of this Code to the contrary, variable message signs (VMS) may not be erected or placed, facing in the same direction of travel, and directed toward and able to be read by travelers along state toll highways, within 1,000 feet of any toll highway listed in subsection (c) of this section, except for those signs installed within the rights-of-way of a toll highway for official Department use.

(b) As used in this section, “variable message sign” (“VMS”) means a sign or portion of a sign on which the message copy includes characters, letters, or illustrations that can be changed or rearranged electronically or mechanically without touching or physically altering the primary surface of the sign. Message copy for a VMS may be changed in the field or from a remote location.

(c) The provisions of this section apply to the following: the portion of State Route 1 running from the point at which it merges with U.S. Route 13 below State Route 71 to the point where it merges with the southbound on-ramp of State Route 9.
17 Del. C. § 1101 — Delaware Code / Title 17 / Chapter 11 / Subchapter I / Section 1101
§ Â
        1101. Purpose and policy.
Status: in_force

The rapid growth in the use of motor vehicles throughout this State and the concurrent extension of highways built or improved at public expense has lead to great changes in the extent and character of public travel. The investment of this State, municipalities and towns in good roads, parks, parkways, playgrounds and reservations, and the safety, convenience and welfare of the inhabitants have been affected.

The regulation and control of outdoor advertising signs, displays and devices of all kinds is provided for in order to promote the general welfare, especially in the particulars hereinafter recited.

The people of this State would suffer economically if the State failed to participate fully in the allocation and apportionment of federal-aid highway funds since a reduction in federal-aid highway funds would necessitate increased taxation to support and maintain the state road program and system. It is, consequently, the intention of this chapter, among other things, to provide a statutory basis for regulation of outdoor advertising consistent with the public policy relating to areas adjacent to federal-aid interstate and primary systems declared by the Congress of the United States in Title 23, United States Code.
17 Del. C. § 1604 — Delaware Code / Title 17 / Chapter 16 / Section 1604
§ Â
        1604. Applicability; exclusive use prohibited.
Status: in_force

(a) The provisions of this chapter shall only apply to activities of a wireless provider within the ROW, over which the Department has absolute control.

(b) The Department may not enter into an exclusive arrangement with any person for use of the ROW for the construction, operation, marketing, or maintenance of wireless facilities or small wireless support structures or the collocation of small wireless facilities.
17 Del. C. § 1722 — Delaware Code / Title 17 / Chapter 17 / Subchapter II / Section 1722
§ Â
        1722. Geographical representation.
Status: in_force

Of the Commissioners from this State to be appointed in accordance with this subchapter, 2 Commissioners shall be appointed from New Castle County, no more than 1 of whom shall be of the same political party, 2 Commissioners shall be appointed from Kent County, no more than 1 of whom shall be from the same political party, and 2 Commissioners shall be appointed from Sussex County, no more than 1 of whom shall be of the same political party.
17 Del. C. § 703 — Delaware Code / Title 17 / Chapter 7 / Section 703
§ Â
        703. Crossing by state highways with watercourses or railroads.
Status: in_force

(a) The Department may cross any canal, navigable stream or watercourse with a state highway, but in such manner as not unnecessarily to impede the navigation and use thereof, and also may cross any railroad or railway with a state highway and acquire the necessary easement for such crossing either by agreement with the owner, or on failure to agree, by condemnation thereof in accordance with Chapter 61 of Title 10. However, no state highway shall cross any railroad or railway at grade except at a point or place where such railroad or railway is now crossed at grade by a public road, provided, however, state highways may cross spurs, sidings and branchlines of any railroad or railway at grade if approval is first obtained from the Secretary of the Department of Transportation to whom reasons and supporting data for requesting at grade crossing shall be furnished. All at grade crossings so approved shall be furnished with crossing protection, required by applicable federal, state and local regulations.

(b) The Department may enter upon the lands or waters of any person for the purpose of making such examination and surveys for proposed highways as shall be required to be made in the selection of the most advantageous route for such highway, 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.
17 Del. C. § 413 — Delaware Code / Title 17 / Chapter 4 / Section 413
§ Â
        413. Bonds for construction of facilities.
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, for the purpose of paying the cost of construction (including interest during the period of construction and for 1 year thereafter) of any toll crossing which it may construct under this chapter or to defray the cost of constructing or improving highways, and for the purpose of refunding any bonds issued under this chapter, at or prior to the maturity thereof.
17 Del. C. § 1802 — Delaware Code / Title 17 / Chapter 18 / Section 1802
§ Â
        1802. Agent for Bridge.
Status: in_force

The Authority shall upon the effective date of this chapter be the agent of the States of Delaware and New Jersey in connection with the construction, operation, maintenance, improvement and control of the said Bridge, which was constructed pursuant to legislation enacted by the states of Delaware and New Jersey and found in Chapter 3 of this title and 45 Laws of Delaware, Chapters 274, 275, 334 and New Jersey Laws of 1946, Chapter 18.
17 Del. C. § 113 — Delaware Code / Title 17 / Chapter 1 / Subchapter II / Section 113
§ Â
        113. Appointment and powers of notaries public.
Status: in_force

In addition to the notaries public now provided by law in the several counties, the Governor shall appoint 4 employees of the Department, 1 residing in New Castle County, 1 residing in Kent County and 2 residing in Sussex County, notaries public to hold office not exceeding 2 years. Such notaries public may not exercise their office or take affidavits or acknowledgments except on documents and papers for the benefit of the Department, and for which they shall make no charge. Whenever any such person appointed notary public ceases to be an employee of the Department, the notary public’s authority as such notary public shall cease, and thereupon the Governor may appoint another employee of the Department a notary public in the person’s place. The Governor may appoint additional employees of the Department as notaries public as may be deemed necessary, to which the requirements of this section shall apply.
17 Del. C. § 1106 — Delaware Code / Title 17 / Chapter 11 / Subchapter I / Section 1106
§ Â
        1106. Removal upon expiration or revocation of permit.
Status: in_force

All outdoor advertising signs, displays and devices shall be removed by the outdoor advertiser or other person erecting, owning, maintaining or displaying the same, or, in the event of that person’s default, by the owner or tenant of the premises upon which any such sign, display or device is located, within 30 days from the date of the expiration or revocation of the permit for the same.
17 Del. C. § 305 — Delaware Code / Title 17 / Chapter 3 / Section 305
§ Â
        305. Power to contract; competitive bidding; accounting of expenses; annual report.
Status: in_force

(a) The Department may make and enter into all contracts and agreements with any person, public body or authority of this or any other state which it may consider necessary to or advisable for the performance of its duties and the execution of its powers under this chapter. It may establish rules and regulations covering advertising for proposals for repairs or additions thereto or improvements of the Bridge and may establish standards of eligibility for prospective bidders. It may receive sealed proposals for repairs or additions or improvements or for the materials required for such repairs, additions or improvements, reserving the right to reject any or all proposals, and the proposals shall be publicly opened at the time specified in the advertisement. The contract or contracts for such work or for the materials and supplies required therefor shall be awarded by the Department to the lowest responsible bidder, unless in the opinion of the Department the interests of the State will be better served by awarding the contract to some other bidder. The successful bidder shall promptly execute a formal contract, to be approved as to its form, terms and conditions by the Department, and shall also furnish a bond in accordance with § 6909 of Title 29, and all such provisions, as far as applicable, are incorporated herein by reference, and all of the provisions thereof applicable to bonds furnished thereunder shall be likewise applicable to bonds furnished hereunder. In the event, after advertisement referred to herein, the Department is unable to secure a satisfactory proposal for repairs, additions or improvements, it may proceed with such repairs, additions or improvements with forces employed by it for the purpose. The Department may employ engineering, architectural and construction experts and inspectors and attorneys and such other experts and employees as may be necessary in its judgment for any of the purposes herein stated and fix their compensation. All expenses incurred by the Department shall be charged by the Department to the project and the Department shall keep proper records and accounts showing each amount so charged. The amount so charged shall be paid by the Department from the funds to be supplied for the purposes of this chapter for preliminary expenses in connection with the Bridge or from funds specially appropriated for the temporary use of the Department. Any of the moneys appropriated for such temporary use of the Department prior to the furnishing of funds for the purpose of carrying out the terms of this chapter which may be used by the Department shall be repaid by the Department to the State Treasury from the funds so to be supplied. No liability or obligation shall be incurred by the Department hereunder beyond the amount of money which shall have been previously appropriated by the General Assembly or beyond the amount of the funds to be otherwise supplied for the purpose of carrying out the purposes of this chapter.

(b) The Department shall, during the month of January in each year, make a report to the Governor setting forth all of the facts necessary and pertinent to the performance by the Department of its duties under this chapter in respect to the operation and maintenance of the Bridge.

(c) The accounts of the Department in connection with the maintenance and operation of the Bridge shall be maintained separate and apart from the other accounts of the Department and shall be audited annually by the Budget Commission.
17 Del. C. § 317 — Delaware Code / Title 17 / Chapter 3 / Section 317
§ Â
        317. Exemption from taxation.
Status: in_force

The Bridge and all property acquired or used for the purposes thereof in this State shall at all times be free from all taxation within this State.
17 Del. C. § 805 — Delaware Code / Title 17 / Chapter 8 / Section 805
§ Â
        805. Penalties.
Status: in_force

Whoever, being a contractor, or any agent of a contractor, pays out, uses or appropriates, or consents to the paying out, use or appropriation of any moneys or funds received for any of the purposes specified in § 802 of this title, prior to paying in full or pro rata to the extent of the moneys or funds so received all the lawful claims of all persons furnishing labor or materials, as prescribed by § 803 of this title, shall be fined not more than $1,000 or imprisoned not more than 3 years or both.
17 Del. C. § 1724B — Delaware Code / Title 17 / Chapter 17 / Subchapter II / Section 1724B
§ Â
        1724B. Appeal from Boardâs decision.
Status: in_force

(a) Any person, as defined in § 6002 of Title 7, or persons, jointly or severally, or any taxpayer, or any officer, department, board or bureau of the State, or the Delaware River and Bay Authority, may appeal to the Superior Court in and for the county in which the proposed project in question is wholly or principally located by filing a petition, duly verified, setting forth that such decision of the Board is illegal in whole or in part, specifying the grounds of the illegality. Any such appeal shall be perfected within 20 days of the decision of the Board.

(b) The Court may affirm, reverse or modify the Board’s decision. The Board’s findings of fact shall not be set aside unless the Court determines that the record contains no substantial evidence that would reasonably support the findings. If the Court finds that additional evidence should be taken, the Court may remand the case to the Board for completion of the record.

(c) 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 Board or the Court of Chancery may stay the action pending disposition of the appeal.
17 Del. C. § 1201 — Delaware Code / Title 17 / Chapter 12 / Section 1201
§ Â
        1201. Purposes.
Status: in_force

The establishment, operation and maintenance of junkyards in areas adjacent to the public highways of this State should be controlled in order to promote the safety and recreational value of public travel, to protect the public investment in public highways and to preserve and enhance the scenic beauty of lands bordering such highways.

The people of this State would suffer economically if the State failed to participate fully in the allocation and apportionment of federal-aid highway funds since a reduction in federal-aid highway funds would necessitate increased taxation to support and maintain the state road program system. It is, consequently, the intention of this chapter, among other things, to provide a statutory basis for the establishment, operation and maintenance of junkyards consistent with the public policy relating to areas adjacent to federal-aid interstate and primary highways declared by the Congress of the United States, in Title 23, United States Code.
17 Del. C. § 1302 — Delaware Code / Title 17 / Chapter 13 / Section 1302
§ Â
        1302. Petition for vacation and/or abandonment; notice requirements.
Status: in_force

(a) In any action commenced in Superior Court, 5 or more residents of the county in which the road, bridge or right-of-way desired to be vacated or to be abandoned is located, the Department, or the county in which the road, bridge or right-of-way is located, may apply to the Superior Court of such county for the vacation or declaration of abandonment thereof, by first giving notice to the Department and to the county, if neither is the applicant, and to all persons owning property abutting or contiguous to, or which is accessible only by, along or across that part of the road, bridge or right-of-way desired to be vacated, or declared to be abandoned, by mailing to the Department, the county and to such persons or their legal representatives, if known, at their last known address, written notice of their intent to file such petition with the Court at least 10 days prior to filing.

(b) Upon the filing of any petition in Superior Court to vacate or to seek a declaration of abandonment of any road, bridge or other right-of-way, formal notice shall be provided by the petitioner to the Secretary of the Department, and the chief executive officer or officers of the county in which the right-of-way is located, by service of process as provided by law. Written notice by registered mail, return receipt requested, to such party or their legal representative at their last known post office address at the time of the filing of the application shall also be made upon all persons owning property abutting or contiguous to or which is only accessible by, along or across that part of the road, bridge or right-of-way desired to be vacated or declared to be abandoned and by posting signs at 100-foot intervals along such road, bridge or right-of-way desired to be vacated or declared to be abandoned clearly indicating such intent, at least 20 days prior to the hearing date set by the Court on such petition and also by publishing notice at least once per week for 2 consecutive weeks to all such parties in interest in a newspaper of general circulation in the county in which said road, bridge or right-of-way is located, clearly providing the place, time and hearing date on the petition set by the Court, at least 20 days prior thereto.

(c) In all cases in which an order of abandonment or vacation is sought by administrative action by the Department, such action may be commenced by the Department, the county or other governmental authority or 5 or more residents of the county in which the road is located, in accordance with the terms of this chapter.
17 Del. C. § 144 — Delaware Code / Title 17 / Chapter 1 / Subchapter III / Section 144
§ Â
        144. Millsboro Pond Dam; construction and maintenance.
Status: in_force

The Department may construct, reconstruct, maintain and repair a dam across the Millsboro Pond at the site of a presently existing dam adjacent to the Indian River.
17 Del. C. § 134 — Delaware Code / Title 17 / Chapter 1 / Subchapter III / Section 134
§ Â
        134. Authority in incorporated towns and cities; construction and maintenance of highways; local authority.
Status: in_force

(a) The Department shall have no power, authority or jurisdiction of the streets of any incorporated city or town, except as otherwise provided in this section, unless such power, authority and jurisdiction shall be voluntarily given and surrendered by such city or town to the Department and then only upon such terms as the Department shall prescribe.

(b) When in the judgment of the Department the route for the construction or reconstruction of any state highway should continue through any incorporated city or town, the Department shall construct and maintain the highway through such incorporated city or town, such construction and maintenance to be at the sole expense of the Department. Whenever the Department shall construct a state highway through any incorporated city or town, it shall not change the widths of the streets of the city or town, except with the consent of the duly constituted governing body of the city or town.

(c) Whenever the Department shall construct a state highway through an incorporated city or town, it shall have the whole and sole control over such construction and over the maintenance of the highway through the city or town, and such highway shall not be undermined, broken open or anywise torn up for any purpose, except by the permit in writing of the Department.

(d) With respect to state highways within their corporate limits, incorporated cities and towns in the State may erect and maintain such traffic control signals as shall be authorized by proper ordinance of the city or town and by the Department.

(e) Local authorities, on the basis of an engineering study and traffic investigation within their respective jurisdictions, may prohibit the operation of trucks or other commercial vehicles or impose limitations as to the weight thereof on designated highways which prohibitions and limitations shall be posted as set forth in § 4505 of Title 21; except that the alteration of weights or the prohibitions of trucks or other commercial vehicles shall not be effective on any state-maintained highway until such alteration has been approved by the Department.

(f) Local authorities, within their respective jurisdictions, may create “historic districts” which encompass 1 or more state-maintained roads, and the standards for traffic signs and traffic markings on any such road may be altered by the Department of Transportation to be more compatible with the time period of the historic district, unless:

(1) The posted speed limit on the road is above 25 miles per hour;

(2) There are more than 2 through-travel lanes on the road;

(3) The road is a U.S. or Delaware route; or

(4) The road has no reasonable alternative route which can adequately handle the traffic.

Any traffic signs or traffic markings that are proposed under this subsection must be approved by the Department of Transportation.

(g) Each rule and regulation adopted pursuant to this section shall be in the form of a resolution signed by the Secretary or the Secretary’s designee. A permanent record of these shall be kept by the Department and at the time of adoption a copy of each shall be forwarded to the Department of Safety and Homeland Security, to the New Castle County Police, if within their jurisdiction, and to the incorporated city or town in which the highway lies.

(h) Pursuant to this section, the Department is authorized to perform all engineering studies and traffic investigations necessary to implement this section and Chapter 41 of Title 21, and to install, maintain, operate and remove all traffic-control devices necessary to comply with this section and Chapter 41 of Title 21. Where concurrent authority is granted, the incorporated town or city shall have the responsibility for traffic-control devices.

(i) Nothing in this section shall be construed as granting to the Department or to the local jurisdiction the right to make any rules and regulations respecting the use of highways in incorporated areas contrary to the Code.
17 Del. C. § 1210 — Delaware Code / Title 17 / Chapter 12 / Section 1210
§ Â
        1210. 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. § 1612 — Delaware Code / Title 17 / Chapter 16 / Section 1612
§ Â
        1612. Damage and repair.
Status: in_force

The Department may require a wireless provider to repair all damage to the ROW directly caused by the activities of the wireless provider, while occupying, installing, repairing or maintaining wireless facilities, small wireless support structures or utility poles in the ROW and to return the ROW to its functional equivalence before the damage pursuant to the competitively neutral, reasonable requirements and specifications of the Department. If the wireless provider fails to make the repairs required by the Department within a reasonable time after written notice, the Department may effect those repairs and charge the applicable party the reasonable, documented cost of such repairs.
17 Del. C. § 312 — Delaware Code / Title 17 / Chapter 3 / Section 312
§ Â
        312. Duty to procure fidelity bonds.
Status: in_force

The Department shall procure and keep in force at all times a fidelity bond or bonds issued by a bonding company qualified to do business in this State to protect the Department against loss arising from the fraudulent or dishonest conduct of any of its managers or by any of its employees with respect to funds or property of the Department or of the State within the control of the Department, and the Department may pay the costs of such bond or bonds out of any funds in its possession as a part of the cost of the maintenance or operation of the Bridge.
17 Del. C. § 321 — Delaware Code / Title 17 / Chapter 3 / Section 321
§ Â
        321. Trust indenture.
Status: in_force

In the discretion of the Department, each and any issue of such revenue bonds may be secured by a trust indenture by and between the Department and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State. Such trust indenture may pledge or assign tolls and revenues to be received but shall not convey or mortgage the Bridge or any part thereof. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions specifying, defining, protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Department in relation to the acquisition, construction, improvement, maintenance, operation, repair and insurance of the Bridge, or additions thereto, and the custody, safeguarding and application of all moneys and may also provide that the Bridge shall be constructed and paid for under the supervision and approval of consulting engineers employed or designated by the Department and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or to pledge such securities as may be required by the Department. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Department may deem reasonable and proper for the security of bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repairs of the Bridge to which such indenture is related.
17 Del. C. § 2005 — Delaware Code / Title 17 / Chapter 20 / Section 2005
§ Â
        2005. Use and occupancy agreement.
Status: in_force

(a) In conjunction with the issuance of a permit by the Department under § 2004 of this title, the Department is authorized to enter into use and occupancy agreements with renewable energy entities for the locating of renewable energy interconnection facilities in the ROW under terms that:

(1) Protect the public health, safety and welfare along Delaware’s roadways.

(2) Minimize conflicts with the use of the State’s ROW for the primary purpose of transportation.

(3) May prohibit the renewable energy entity from owning and placing poles as part of renewable energy interconnection facilities in the State’s ROW.

(4) Establish a preference that renewable energy interconnection facilities be located underground, but would authorize above-ground facilities in a ROW near a roadway where safety and other considerations allow such facilities.

(5) Ensure that the renewable energy entity entering into a use and occupancy agreement has the financial, technical, organizational, and managerial resources needed to site and operate in the ROW for the full-term of the use and occupancy agreement.

(6) Are competitively neutral and nondiscriminatory.

(7) Charge a fair market rental rate for the use of the State’s ROW by renewable energy entities.

(b) Such use and occupancy agreements shall be for a term of 30 years with an option to renew for additional 5-year terms subject to compliance with performance requirements set by the Department, and the authority of the Department to revoke such agreements for cause.

(c) Such use and occupancy agreements shall be nonassignable and nontransferable without the reasonable consent of the Department based on the assignee or transferee having the financial, technical, organizational, and managerial resources needed to operate in the ROW for the term of the use and occupancy agreement and protecting the public health, safety and welfare.

(d) Each renewable energy entity entering into a valid use and occupancy agreement shall comply with the Underground Utility Damage Prevention and Safety Act, Chapter 8 of Title 26, to the extent applicable.

(e) Notwithstanding the provisions hereof related to restrictions on assignment and transfer, a renewable energy entity may pledge and/or collaterally assign its interest in the use and occupancy agreement and associated renewable energy interconnection facilities in the ordinary course of securing financing for any renewable energy interconnection facilities, or associated renewable energy project, without the consent of the Department, provided that no entity may take possession of the renewable energy interconnection facilities in a public right of way, and no entity may receive any interest under a use and occupancy agreement, unless and until the Department has provided its consent to such a transfer under the provisions of subsection (c) of this section.
17 Del. C. § 801 — Delaware Code / Title 17 / Chapter 8 / Section 801
§ Â
        801. Definitions.
Status: in_force

As used in this chapter:

(1) “Contractor” includes, but is not limited to, an architect, engineer, nursery worker, landscaper, subcontractor or any other person who enters into any contract with the Department of Transportation, its agents or authorized employees for the erection, construction, completion, authorization or repair of any highway, right-of-way, turnpike or toll express highway, including shoulders, median strips, parkways and islands, by such contractor.

(2) “Moneys or funds” includes, but is not limited to, the entire amount of all moneys or funds received by a contractor, as defined in this section, in connection with a contract with the Department of Transportation for the erection, construction, completion, authorization or repair of any highway, right-of-way, turnpike or toll express highway, including shoulders, median strips, parkways and islands, by such contractor, and moneys or funds by way of a loan or advance for the purpose of such erection, construction, completion, authorization or repair of any highway, right-of-way, turnpike or toll express highway, including shoulders, median strips, parkways and islands, by such contractor.
17 Del. C. § 1716 — Delaware Code / Title 17 / Chapter 17 / Subchapter II / Section 1716
§ Â
        1716. Removal of Commissioner.
Status: in_force

Any Commissioner from this State may be suspended or removed from office upon specific written charges filed with the Secretary of State and after hearing by the Senate.
17 Del. C. § 701 — Delaware Code / Title 17 / Chapter 7 / Section 701
§ Â
        701. Whistles at public highway crossings; blocking of crossings; penalty; jurisdiction.
Status: in_force

(a) Every corporation operating any line of railroad within this State shall cause the approach of its locomotive engine to every public highway crossing such line of railroad at grade to be signalled by sounding 2 long blasts followed by 1 short blast followed by 1 long blast of the engine whistle on every such locomotive engine, beginning at least 300 yards from such crossing. Where 2 or more public highways cross any such railroad within a distance of 400 yards, the signal for the crossing first reached shall answer for all. This section shall not apply to the City of Wilmington, nor to any other crossings than those at grade nor to any such as are guarded by a watchperson or protected by safety gates.

(b) If any corporation neglects or omits the performance of the duty prescribed and imposed by subsection (a) of this section, it shall be fined for the first offense $20, for the second offense $40 and for every subsequent offense not more than $100.

(c) Every corporation operating any line of railroad within the State shall cause its trains to cross a highway or road for the public use within 10 minutes so that the highway or road is not blocked for any longer period of time, unless an emergency is the cause of the delay.

(d) Any corporation violating subsection (c) of this section shall be fined not less than $500 and not more than $1000 for the first conviction and not less than $1000 and not more than $2000 for each subsequent conviction which occurs within 1 year after a previous conviction.

(e) Justices of the peace shall have jurisdiction of offenses under this section. There shall be a right of appeal to the Court of Common Pleas in every case.
17 Del. C. § 532 — Delaware Code / Title 17 / Chapter 5 / Section 532
§ Â
        532. Memorial signage.
Status: in_force

Notwithstanding any law or regulation to the contrary, memorial signs for firefighters, EMS personnel, or law-enforcement officers killed along a Delaware road or highway in the line of duty are specifically authorized to be placed along the road near the place such person was killed. Such signage shall be constructed and installed in accordance with the Federal Manual on Uniform Traffic Control Devices, as published by the Federal Highway Administration under 23 C.F.R., Part 655, Subpart F.
17 Del. C. § 324 — Delaware Code / Title 17 / Chapter 3 / Section 324
§ Â
        324. Reduction or cessation of tolls.
Status: in_force

When the revenue bonds issued for the Bridge, or any addition or improvement thereto, and the interest thereon shall have been paid, or a sufficient amount shall have been provided for their payment and shall continue to be held for that purpose, the collection of tolls by the Department for the use of the Bridge shall be reduced to such nominal amount as shall be sufficient, in the judgment of the Department, to provide only the funds required for maintaining, repairing and operating such Bridge, or such collection shall cease entirely if such cessation is then in any way found practicable.
17 Del. C. § 1303 — Delaware Code / Title 17 / Chapter 13 / Section 1303
§ Â
        1303. Definitions.
Status: in_force

For purposes of this chapter the following definitions shall apply:

(1) “Abandonment” shall mean the loss of all right, title, interest and jurisdiction in any road, bridge or other right-of-way previously held by the Department, other governmental authority or the general public in which the Department, other governmental authority or the general public has clearly indicated an intent to surrender all right, title, interest, and jurisdiction through lack of use, care, or maintenance thereof.

(2) “Public use” shall mean the consistent use by 1 or more members of the general public for a minimum period of 7 years over an area to which no other person or entity has a clear, legal or equitable right. This section shall not apply to any area owned or controlled by the Department or other governmental authority.

(3) “State-maintained street” shall mean any road, bridge or other right-of-way regardless of use which is within the control or jurisdiction of the Department.

(4) “Vacation” shall mean the transfer of all right, title, interest, and jurisdiction in any road, bridge or other right-of-way when the Department, other governmental authority or the general public has clearly indicated an intent to abandon same through lack of use, care or maintenance thereof. In addition, “Vacation” with respect to any alley, pathway, walkway or other such right-of-way not within the jurisdiction of the Department shall mean the transfer of all right, title, interest and jurisdiction, in such right-of-way when the Superior Court shall determine that continued maintenance and use of such right-of-way has created or constitutes a nuisance or detriment to the abutting or surrounding landowners which nuisance outweighs the benefit to the general public of the continued existence of the right-of-way; provided, that no parkland, open space or greenway under the control of the Department of Natural Resources and Environmental Control or any county or municipal parks department shall be vacated under this chapter without the written approval of the controlling jurisdiction.
17 Del. C. § 306 — Delaware Code / Title 17 / Chapter 3 / Section 306
§ Â
        306. Purchase of property for Bridge purposes.
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, solely from funds to be provided for the purposes of this chapter, such lands, sand, earth, gravel, stone, buildings, structures, rights-of-way, franchises, easements and other interest in lands, including lands under water and riparian rights of any person, railroad or municipality or political subdivision deemed by the Department to be necessary for the construction, maintenance or operation of the Bridge and all approaches (including approach highways which, in the judgment of the Department, it may be necessary to construct or cause to be constructed to provide suitable and adequate connection with existing improved highways) upon such terms and at such prices as may be considered by it to be reasonable and can be agreed upon between 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 the State so deemed by the Department to be necessary for the purposes of the Department.

(b) Whenever valid title to any of the above mentioned properties which are located in the State of New Jersey cannot be acquired by the Department in its own name or in that of its trustee or nominee by amicable agreement with the owner, and the Highway Commissioner 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 any such property deemed by the Department necessary for construction, maintaining or operating that portion of the Bridge within the State of New Jersey and the eastern terminus and the approaches thereto, if reimbursed by the Department 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 for such condemnation money or damages and expenses and to secure the same by a deposit of cash or otherwise and may reimburse from the funds to be supplied for the purpose of this chapter the Highway Commissioner of the State of New Jersey or the State of New Jersey or other proper department 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 as a part of the highway system of that State, the Department is authorized to construct, maintain and operate thereon or thereunder from the funds to be supplied for the purpose of this chapter any necessary part of the Bridge or the eastern approach thereto as fully as though title thereto had been acquired by the Department.
17 Del. C. § 1002 — Delaware Code / Title 17 / Chapter 10 / Subchapter I / Section 1002
§ Â
        1002. Bikeway routes.
Status: in_force

Bikeway routes shall be clearly marked with appropriate signs to guide cyclists and to alert motorists. Such signs shall be placed at intervals and designed in such form as prescribed by the Department.
17 Del. C. § 1313 — Delaware Code / Title 17 / Chapter 13 / Section 1313
§ Â
        1313. Road closures.
Status: in_force

(a) For purposes of this section, the following definitions shall apply:

(1) “Closure” means the physical erection of temporary or permanent barricades and/or construction or reconstruction in any manner inhibiting the movement of vehicular or pedestrian traffic at any point along or adjacent to any road, street, bridge or other right-of-way.

(2) “Governmental authority” means the Department of Transportation in the case of any state-maintained road, street, bridge or other right-of-way, or any other county, municipality or other political subdivision having the care, custody, control or jurisdiction of any road, street, bridge or other right-of-way.

(3) “Notice” means publication once a week for 2 consecutive weeks in a newspaper of general circulation within the county in which such road, street, bridge or other right-of-way is located and written correspondence from the petitioner to each governmental authority or private owner having jurisdiction of or owning property abutting such road, street, bridge or other right-of-way in the form of a registered letter, return receipt requested.

(4) “Private owner” means any nonpublic owner or owners of any land dedicated to public use or to which the public may otherwise have a right to use as a road, street, bridge or other right-of-way.

(b) The Superior Court may, upon hearing and notice as provided in this section and upon a specific finding of the existence of a safety hazard or other valid public purpose, order temporary or permanent closure of any road, street, bridge or other right-of-way within this State. The Court, in making its determination, may further order the governmental authority having control or jurisdiction of such road, street, bridge or other right-of-way to prepare a statistical and factual report to be submitted to the Court detailing the usage of the road, the specific safety or other valid public purpose or reason ordering its closure and the impact such action will have upon the users of such road, street, bridge or other right-of-way.

(c) Upon the receipt of any report prepared by the governmental authority relating to any right-of-way within its respective control or jurisdiction, the Court may order a hearing or take any other such action which it determines to be necessary to evaluate and determine whether such road, street, bridge or other right-of-way should be closed and the means and methods of such closure.
17 Del. C. § 316 — Delaware Code / Title 17 / Chapter 3 / Section 316
§ Â
        316. Power of Congress.
Status: in_force

It is recognized that the Bridge and its operation are subject to the power of the Congress of the United States to regulate commerce among the several states.
17 Del. C. § 1805 — Delaware Code / Title 17 / Chapter 18 / Section 1805
§ Â
        1805. Control of Bridge.
Status: in_force

At such time as all the Delaware Memorial Bridge Revenue Bonds issued pursuant to § 318 of this title have been paid in full or provision has been made for payment thereof as provided in the indenture securing said bonds, the Authority, as agent, shall continue to hold, control, operate, maintain and improve the said Bridge as a crossing, transportation facility or project in accordance with the Compact entered into between the 2 states, establishing the said Authority, and the Authority as such agent shall deal with the Bridge, its tolls and revenues as it is authorized, empowered and obligated to do by said Compact with respect to crossings, transportation facilities and projects as therein defined.
17 Del. C. § 301 — Delaware Code / Title 17 / Chapter 3 / Section 301
§ Â
        301. Definitions.
Status: in_force

As used in this chapter, unless the context indicates a different intent:

(1) “Bridge” means the Delaware Memorial Bridge over the Delaware River and all approaches thereto and approach highways and all other buildings or structures connected with the Bridge 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 highways connecting the Bridge with a state road.

(2) “Cost of Bridge” or “cost of construction” means the cost of construction, the cost of all lands, properties, rights, easements, franchises, ferries and ferry equipment acquired, the cost of all machinery and equipment, financing charges, interest prior to and during the construction and for 1 year after such Bridge is opened for public use, cost of traffic estimates and of engineering data, engineering and legal expense, cost of plans, specifications, surveys, estimates of costs and of revenues, other expenses necessary or incident to determining the feasibility or practicability of the enterprise, administrative expense, insurance or bond premiums and such other expenses as may be necessary or incidental to the financing of the Bridge, as defined in this section, the construction thereof, the placing of the same in operation and the condemnation of property necessary for such construction and operation and any obligation or expense incurred by or on behalf of the Department or by any corporation, board or authority for traffic surveys, borings, preparation of plans and specifications and other engineering services which may be utilized by the Department in the construction of the Bridge or incurred for legal expenses in connection with the authorization of the construction or financing of the Bridge shall be regarded as a part of the cost of such Bridge.

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

(4) “Owner” includes all persons having any title or interest in any property, rights, easements or franchises authorized to be acquired by this chapter.

(5) “Project” includes the Bridge and all additions thereto and improvements thereof, the construction of which is authorized under this chapter.
17 Del. C. § 308 — Delaware Code / Title 17 / Chapter 3 / Section 308
§ Â
        308. Use of lands under Delaware River.
Status: in_force

The State consents to the use by the Department, in any manner whatsoever in the performance of its duties hereunder, of all lands lying under the waters of the Delaware River which are within the State and are deemed by the Department to be necessary for the construction and operation of the Bridge and the approaches and appurtenances thereto.
17 Del. C. § 150A — Delaware Code / Title 17 / Chapter 1 / Subchapter III / Section 150A
§ Â
        150A. Utilities Coordination Council.
Status: in_force

The General Assembly creates a permanent Utilities Coordination Council.

(1) The council shall consist of the following members, or a designee appointed by the member serving by virtue of position:

a. A Representative appointed by the Speaker of the House Representatives.

b. A Senator appointed by the President Pro Tempore of the Senate.

c. The Secretary of the Department of Transportation.

d. A Department of Transportation Utilities Engineer.

e. One representative from Delmarva Power Corporation.

f. One representative from Delaware Electric Cooperative.

g. One representative from Verizon Delaware LLC.

h. One representative from Chesapeake Utilities Corporation.

i. One representative from Artesian Water Company.

j. One representative from Comcast Corporation.

k. One representative from the Delaware Municipal Electric Corporation.

l. One representative from the Delaware Chapter of the National Association of Water Companies.

m. One representative from the American Council of Engineering Companies of Delaware.

(2) The Council shall:

a. Recommend and review best practices to shorten the total time to coordinate and implement utility relocations on transportation projects on Delaware’s highways.

b. Consider all reasonable options for improvement and recommend any combination of proposed agreements, regulations, or legislation for consideration by the General Assembly.

c. Ensure that recommendations are implemented and hold the Department and utility companies accountable.

d. Resolve issues on specific projects that have or are experiencing utility delays.

(3) Meetings; quorum; officers; committees; procedure.

a. The Council must meet by December 30, 2021, and thereafter must meet at least 4 times each year. A majority of members present shall constitute a quorum.

b. The Secretary of the Department of Transportation will convene the initial meeting of the Council.

c. At the initial meeting of the Council, a Chairperson and Vice Chairperson are to be elected by the Council members. Thereafter, the Council will elect a Chairperson and Vice Chairperson biennially at the first meeting of the calendar year to serve a 2-year term. The Chairperson has the duty to convene and preside over meetings of the Council. The Vice Chairperson’s duty is to act as chairperson in the absence of the Chairperson.

d. The Council may establish committees composed of Council members and other knowledgeable individuals as deemed advisable to assist in achieving the purposes of the Council.

e. The Council must submit a written report of its activities and recommendations to the Governor and General Assembly within 1 year of establishment of the Council and at least once every year thereafter.
17 Del. C. § 503 — Delaware Code / Title 17 / Chapter 5 / Section 503
§ Â
        503. Nuisance; penalty.
Status: in_force

Whoever encroaches upon, or obstructs or commits any nuisance in, a public road or wilfully obstructs or injures a public bridge shall be fined not less than $15 nor more than $50. In case of a continuing nuisance, the judge shall order the person to abate the nuisance within a given time, and, on failure to do so, a writ of execution shall be issued to the sheriff commanding the person to abate the same. The sheriff’s fee for executing the writ shall be $3.00 a day and all expenses, to be paid by the defendant, which payment may be enforced by attachment and imprisonment.
17 Del. C. § 1723 — Delaware Code / Title 17 / Chapter 17 / Subchapter II / Section 1723
§ Â
        1723. Proposals for commerce facilities or developments.
Status: in_force

The Delaware River and Bay Authority shall not initiate any commerce facility or development (as defined in Article II of the Delaware-New Jersey Compact set out in § 1701 of this title) to be located in the State unless a proposal for such commerce facility or development has been first submitted to the Governor by the Department of State and then approved and submitted to the Authority by the Governor. The Department of State shall, before submitting such proposal to the Governor, notify all members of the General Assembly and the local governmental officials of the area in which the proposed project is to be located.
17 Del. C. § 207 — Delaware Code / Title 17 / Chapter 1 / Subchapter VII / Section 207
§ Â
        207. Lands held for duration of construction project and thereafter; limitation upon transfer and development.
Status: in_force

(a) Any other provision of law not withstanding, all lands, and all rights therein, on which landscaping, planting or reforestation activities take place pursuant to this subchapter shall remain in the possession and control of the Department of Transportation for the duration of the construction project and shall remain so thereafter until such time as the Department of Transportation determines that such lands no longer meet its existing or projected needs. At such time, the Department of Transportation may transfer any or all of said lands to any agency, instrumentality or political subdivision of the State for the purposes of preserving them for the public good.

(b) At no time may the Department of Transportation, or any other agency, instrumentality or political subdivision of the State transfer any right in or to lands on which reforestation activities take place that would in any way change the nature of the lands from forestland or that would permit development of any kind on said lands other than for the purposes of establishing or expanding a local, state or federal park, natural area, or preserve.

(c) The Department of Transportation may perform maintenance activities such as pruning or the selective removal of diseased or dead trees as it deems necessary for the safe operation of the transportation system.
17 Del. C. § 404 — Delaware Code / Title 17 / Chapter 4 / Section 404
§ Â
        404. Contracts for maintenance of Delaware Memorial Bridge or repairs or improvements.
Status: in_force

The Department may make and enter into all contracts and agreements with any firm, corporation, public body or authority of this State or any other state which it may consider necessary to or advisable for the maintenance of the Delaware Memorial Bridge or for repairs or additions thereto or improvements thereon.
17 Del. C. § 1504 — Delaware Code / Title 17 / Chapter 15 / Section 1504
§ Â
        1504. Right of State Highway Commissioner of the State of New Jersey to operate ferry.
Status: in_force

(a) Upon the acceptance of title to the lands as provided in § 1501 of this title and upon the acquisition of the right of use of lands as provided in § 1503 of this title, the State Highway Commissioner of the State of New Jersey is granted a license to use the lands for the purpose of constructing, operating and maintaining the ferry service and facilities and the approaches thereto, and any additions thereto or improvements or repairs thereof.

(b) The consent of this State is granted to the State of New Jersey, acting by and through the State Highway Commissioner of New Jersey, to construct, operate and maintain and to charge and collect rates, rents and other charges for the use of the ferry service and facilities and approaches thereto over and under the Delaware River, the southerly terminus thereof to be in Sussex County, Delaware, at or near the Town of Lewes, in accordance with certain legislation enacted by the Legislature of the State of New Jersey.
17 Del. C. § 1022 — Delaware Code / Title 17 / Chapter 10 / Subchapter II / Section 1022
§ Â
        1022. Safe Routes to School Program; establishment; grants; regulations.
Status: in_force

(a) The Department of Transportation is authorized to establish and administer a “Safe Routes to School” program pursuant to the authority granted under Title 23 of the United States Code, to use federal transportation funds for bicycle and pedestrian safety and traffic calming measures.

(b) The Department of Transportation is authorized to make grants available to schools and school districts that are recognized by the Delaware Department of Education under the Safe Routes to School Program based on the results of a statewide competition that requires submission of proposals for funding and that rates those proposals on the following factors:

(1) Demonstrated needs of the applicant;

(2) Potential of the proposal for reducing child injuries and fatalities;

(3) Potential of the proposal for encouraging increased walking and bicycling among students;

(4) Completion of a “Safe Routes to School” plan that requires all of the following:

a. Identification of safety hazards;

b. Identification of current and potential walking and bicycling routes to school; and

c. Involvement in plan development by students, parents, teachers, local transportation agencies, law enforcement agencies and school officials.

(c) Grants shall only be awarded to the highest rated project or projects as measured on the rating system and scale established by the Department of Transportation, subject to the amount of funding approved by the Secretary for use under the “Safe Routes to School Program” for any given year. The Department of Transportation shall announce the amount of money available for grants for a given fiscal year within 1 month after the commencement of that fiscal year. Establishment of the necessary rating system and scale and the amount of money available for grants to be issued in each such year shall be in the complete discretion of the Secretary.

(d) If awarded, grants shall be issued in 2 disbursements, the first in an amount equal to 1/3 of the proposed necessary funding to be paid prior to the commencement of the project and the second in an amount equal to the remaining 2/3 of the proposed necessary funding to be paid upon completion of the project.

(e) The Secretary shall promulgate rules and regulations necessary for the implementation of this section.
17 Del. C. § 142 — Delaware Code / Title 17 / Chapter 1 / Subchapter III / Section 142
§ Â
        142. Automobile for use of Governor.
Status: in_force

The Department shall provide an automobile to the Governor of the State, suitable and befitting the office of Governor, for the use of the Governor. The Department shall provide a new automobile for such use during each biennium beginning with the biennium beginning July 1, 1959. The Department shall dispose of any automobiles replaced pursuant to this section in the same manner as are disposed other Department vehicles.
17 Del. C. § 194 — Delaware Code / Title 17 / Chapter 1 / Subchapter VI / Section 194
§ Â
        194. Outdoor advertising exemptions.
Status: in_force

(a) Nothing in this subchapter shall authorize any removal or restriction on outdoor advertising erected or approved by the appropriate governmental authority to be erected before July 18, 2000.

(b) Outdoor advertising signs, displays, and devices to be erected along a designated Delaware byway or within the 660 ft. control zone of a designated Delaware byway, provided they are in accordance with the provisions listed in Chapter 11 of this title, shall be limited to the following:

(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) Gateway signs as defined by § 1102 of this title;

(5) Beautification/landscape planting sponsorship signs located within the right-of-way of a Delaware byway;

(c) For the purposes of this section “outdoor advertising” has the same meaning as defined by § 1102 of this title.
17 Del. C. § 533 — Delaware Code / Title 17 / Chapter 5 / Section 533
§ Â
        533. Establishment of Department ownership of abandoned land encumbered by Department right-of-way easements.
Status: in_force

(a) Any land encumbered by a permanent easement for right-of-way purposes may be deemed to be owned in fee simple, by the Department, in the name of the State, when such land has been abandoned by the grantor(s) of such permanent easements, or by the grantor’s successors in interest, provided that the following conditions are satisfied:

(1) The land is encumbered by a permanent easement, for right-of-way purposes, that was properly conveyed to the Department.

(2) A minimum of 40 years has passed since the granting of the permanent easement and during that period the Department has used the permanent easement in accordance with § 131 of this title.

(3) A minimum of 40 years has passed since the underlying fee simple ownership of the encumbered land was conveyed by a properly recorded instrument and neither the original grantor(s) nor the heirs or successors of the original grantor(s) can be located.

(4) Neither the original grantor(s) of the permanent easement nor the heirs or successors of the original grantor(s) are the fee simple owners of any land directly adjoining the land encumbered by the permanent easement.

(5) No action has been filed by any purported owner in any court of this State pertaining to determination of fee simple ownership of the land encumbered by the permanent easement.

(6) The land encumbered by the Department’s permanent easement is part of a current Department project.

(b) The Department shall promulgate regulations to establish procedures for establishing its determination that the land encumbered by the permanent right-of-way easement has been abandoned and for recording its fee simple ownership of the land.
17 Del. C. § 410 — Delaware Code / Title 17 / Chapter 4 / Section 410
§ Â
        410. Employment of general manager, guards and toll keepers; indemnity bond.
Status: in_force

(a) The Department may employ a general manager for the purpose of supervising the operation of toll crossings constructed or maintained by it and may appoint such number of guards and toll keepers as may be deemed advisable by it for the proper operation of the Delaware Memorial Bridge and any toll crossing over the Delaware River constructed or maintained by the Department.

(b) The general manager, guards and toll keepers shall have the powers of a constable in the performance of their duties, and the Department shall procure and keep in force at all times a fidelity bond or bonds issued by a bonding company qualified to do business in this State to protect the Department against loss arising from the fraudulent or dishonest conduct of any such persons with respect to funds or property of the Department or of the State within the control of the Department, and the Department may pay the costs of such bond or bonds out of its revenues.
17 Del. C. § 516 — Delaware Code / Title 17 / Chapter 5 / Section 516
§ Â
        516. Creation or maintenance of nuisance within certain limits.
Status: in_force

(a) No person shall create, erect, maintain or continue a nuisance, as defined in subsection (b) of this section, within 200 feet of either side of the right-of-way of any public highway entering into the City of Wilmington for a distance of 1 mile from the corporate limits of the City, or within the boundaries thereof, upon land of which such person is partner, or persons are the owner, lessee, agent, tenant or occupant.

(b) As used in this section, “nuisance” means any condition of the land, or of the buildings erected thereon, or of the trade or business conducted thereon, or of unsightly articles collected thereon or therein or of obnoxious odors arising thereon, therein or therefrom, which causes any annoyance to the persons making use of any public highway, as mentioned in subsection (a) of this section, by being offensive or obnoxious to the senses of such persons.

(c) The Council of the “Mayor and Council of Wilmington” may abate the nuisance by the enactment of ordinances giving directions for the cleansing, removal or remedy of the matter or thing complained of and providing penalties for violations of its orders to be recovered in the Court of Common Pleas.
17 Del. C. § 1131 — Delaware Code / Title 17 / Chapter 11 / Subchapter III / Section 1131
§ Â
        1131. Limitations of outdoor advertising along limited access, state toll roads.
Status: in_force

The provisions of subchapter II of this chapter shall be applicable to any limited access, state toll road in this State.
17 Del. C. § 904 — Delaware Code / Title 17 / Chapter 9 / Section 904
§ Â
        904. Agreements with ditch companies for drainage purposes.
Status: in_force

For the purpose of draining the right-of-way of any highway, the Department may make agreements with any ditch company or corporation with respect to the cleaning of ditches, or widening, deepening or extending ditches. For this purpose the Department may pay a fair and proportionable part of the expense thereof, the expense to be mutually agreed upon before the work is undertaken; and provided that the ditch company or corporation shall levy taxes sufficient to pay its fair and proportionable part of the expense, and provided that the work of cleaning, widening, deepening and extending the ditches shall be under the supervision of the Department.
17 Del. C. § 1903 — Delaware Code / Title 17 / Chapter 19 / Section 1903
§ Â
        1903. Penalties; continuing violations.
Status: in_force

(a) Whoever violates this chapter or any regulation lawfully adopted pursuant to this chapter shall be fined not less than $25 nor more than $200.

(b) Each day that a violation is allowed to continue after notice of its existence shall constitute a separate offense.
17 Del. C. § 512 — Delaware Code / Title 17 / Chapter 5 / Section 512
§ Â
        512. Injury to roads, bridges, etc.; penalty.
Status: in_force

Whoever wilfully damages or injures any public road, bridge, drain, light, gate or other appurtenance used and maintained for the safety or convenience of the traveling public shall be fined not more than $500. However, if the damage or injury was 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 fine. The fine and civil penalty, upon the collection thereof, shall be paid to the State Treasurer.
17 Del. C. § 1602 — Delaware Code / Title 17 / Chapter 16 / Section 1602
§ Â
        1602. Findings of public policy.
Status: in_force

The General Assembly finds and declares as follows:

(1) To foster economic development in this State, responsible and reasonable investment in and development of wireless communications systems employing advanced technology shall be encouraged as an integral part of the State’s infrastructure.

(2) The design, engineering, permitting, construction, modification, maintenance, and operation of wireless facilities are instrumental to the provision of emergency services, and to increasing access to advanced technology and information for the citizens of Delaware.

(3) The Department of Transportation in accordance with § 131(a) of this title is responsible for the absolute care, management and control of the state rights-of-way.

(4) Wireless services providers and wireless infrastructure providers are not public utilities under § 102(2) of Title 26, but need access to the state rights-of-way and the ability to attach to poles and structures in the state rights-of-way to densify their networks and provide next generation services subject to the same policies and procedures as public utilities for accommodation in the state rights-of-way.

(5) Small wireless facilities, including facilities commonly referred to as small cells and distributed antenna systems, often may be deployed most effectively in the state rights-of-way.

(6) Accordingly, expeditious processes and reasonable and nondiscriminatory rates and terms related to such deployments are essential to the construction and maintenance of wireless facilities.

(7) Wireless facilities help ensure the State remains competitive in the global economy.

(8) The timely design, engineering, permitting, construction, modification, maintenance, and operation of wireless facilities are declared to be matters of statewide concern and interest.
17 Del. C. § 422 — Delaware Code / Title 17 / Chapter 4 / Section 422
§ Â
        422. Moneys as trust funds.
Status: in_force

All moneys received pursuant to this chapter, whether as proceeds from the sale of bonds or grants or other contributions, or as tolls and revenues, shall be deemed to be trust funds, to be held and applied solely as provided in this chapter. The Department shall, in the resolution authorizing the issuance of bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the tolls and revenues to be received, to any officer, agency, bank or trust company, who shall act as trustee of such funds, and shall hold and apply the same to the purposes of this chapter, subject to such regulations as this chapter and such resolution or trust indenture may provide.
17 Del. C. § 504 — Delaware Code / Title 17 / Chapter 5 / Section 504
§ Â
        504. Entry upon contiguous or adjacent lands or streams; assessment of damages; hindering or obstructing work; penalty.
Status: in_force

(a) In order to obtain the free passage of water for drainage of any road or causeway under its jurisdiction, the Department or its agents may enter upon any lands contiguous or adjacent to such road or causeway in order to maintain or repair any existing artificial or natural ditch, drain, culvert or sewer.

(b) In order to keep the waters of ditches, drains, streams and creeks within their proper channels, thereby preventing them from encroaching upon or flooding any road or causeway under its jurisdiction, the Department or its agents may enter upon and occupy the beds of any ditches, drains, streams and creeks contiguous or adjacent to such roads or causeways and perform such work of construction, improvement or maintenance as may be necessary or desirable to prevent such encroachment or flooding.

(c) Damages, if any, sustained by the owner of such contiguous or adjacent lands or ditch, drain, stream or creek beds as the result of operations under subsection (a) or (b) of this section, or both, shall be adjusted by agreement between the Department or its agents and such owner. If, however, the Department or its agents is unable to agree with such owner as to the damages sustained, if any, and the damages claimed are less than $1,000, the issue of damages, shall be submitted to the Court of Common Pleas. Such Court of Common Pleas shall have full and complete jurisdiction to hear and determine such issue of damages, if any. In order to invoke the jurisdiction of such Court of Common Pleas, the Department or its agents shall apply to it for a summons directed to the sheriff of the county commanding the sheriff to summon such owner to appear before the Court at a time and place specified in such summons, not less than 5 days nor more than 15 days from the date thereof, for the purpose of having the issue of damages, if any, determined. Such Court shall determine the issue of damages, if any, in accordance with the procedures contained in the statutes governing the trial of civil actions before Courts of Common Pleas generally.

(d) The judgment of the Court of Common Pleas shall not become final until 15 days after it has been handed down. While the case is pending and during the 15-day period after judgment, the owner may file a demand in writing with the Court of Common Pleas and with the Department that the case be brought before the Superior Court as a condemnation proceeding under Chapter 61 of Title 10. During the same period the Department shall also have the right to abandon the proceedings and proceed with condemnation in the Superior Court. Upon timely demand or abandoning as herein provided, the Department shall proceed with condemnation under Chapter 61 of Title 10. If such demand or abandoning is done after the judgment is handed down but before the end of the 15-day period, the judgment of the Court of Common Pleas shall be vacated.

(e) In cases where the owner claims damages of more than $1,000, the Court of Common Pleas shall have no jurisdiction and all proceedings where there is a failure to agree on damages shall be under Chapter 61 of Title 10.

(f) The amount of damages ultimately determined or agreed upon shall be paid out of funds appropriated to the Highway Department by the State Treasurer to such owner, when properly notified by the Department or its agents.

(g) Whoever hinders or delays the Department or its agents in the construction, repair or maintenance of any such ditch, drain, culvert or sewer or whoever stops, fills up, injures or obstructs any such ditch, drain, culvert or sewer, or whoever obstructs, diverts or changes the course of any such stream or creek without authority from the Department or its agents shall be fined not more than $100 for every such offense.