reglab/housing_qa huggingface dataset:
17 DE Code § 194. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 1. General Provisions|Subchapter VI. Delaware Byways Program|§ 194. Outdoor advertising exemptions.

§ 194. Outdoor advertising exemptions. (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. 72 Del. Laws, c. 444, §  2;  79 Del. Laws, c. 320, §  1;  82 Del. Laws, c. 15, § 1;
17 DE Code § 201. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 1. General Provisions|Subchapter VII. Projects Requiring Landscape and Reforestation Activities|§ 201. Legislative intent.

§ 201. Legislative intent. It is declared that increases in forested land in the State, together with landscape features such as trees, shrubs and ground covers other than or in addition to grass, not only improve the aesthetic value of our State, but carry with them valuable benefits to the health and welfare of our citizens and our environment. It is likewise declared that the Department of Transportation is a leader in replacing forestlands that are required to be cleared for such projects and in providing travelers throughout the State with scenic vistas along its roadways while maintaining safe design and construction standards. Therefore, this subchapter is intended to more precisely reflect a policy requiring the incorporation of landscaping and reforestation in the projects developed by the Department of Transportation for road construction and improvements in the State. This subchapter is intended to provide minimum standards for the volume of landscaping or reforestation that must take place, for how those activities must be planned, and for how much must be allocated to ensure those activities can take place. The Department of Transportation bears the responsibility for providing specific standards that are needed through regulations developed pursuant to this subchapter. 73 Del. Laws, c. 351, §  2;
17 DE Code § 203. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 1. General Provisions|Subchapter VII. Projects Requiring Landscape and Reforestation Activities|§ 203. Duty to incorporate cost of landscaping, planting and reforestation activities.

§ 203. Duty to incorporate cost of landscaping, planting and reforestation activities. Whenever the Department of Transportation undertakes any construction project in this State covered by this subchapter, it shall incorporate into the cost of such project sufficient funds to complete all landscaping, planting and/or reforestation activities required by this subchapter. If upon the completion of all landscaping, planting and/or reforestation activities required by this subchapter, and upon the completion of any funds transfers authorized by this subchapter, there remain funds in the budget of a construction project that had been designated specifically for landscaping, planting and/or reforestation activities, the Department shall use the remaining unobligated funds to perform or pay for other landscaping, planting and/or reforestation activities in the State. 73 Del. Laws, c. 351, §  2;
17 DE Code § 204. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 1. General Provisions|Subchapter VII. Projects Requiring Landscape and Reforestation Activities|§ 204. Reclamation of dedicated funds.

§ 204. Reclamation of dedicated funds. If upon the completion of all landscaping, planting and/or reforestation activities required by this subchapter, and upon the completion of any funds transfers authorized by this subchapter, there remain funds in the budget of a construction project that had been designated specifically for landscaping, planting and/or reforestation activities, the Department shall use the remaining unobligated funds to perform or pay for other landscaping, planting and/or reforestation activities in the State.  73 Del. Laws, c. 351, §  2;
17 DE Code § 205. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 1. General Provisions|Subchapter VII. Projects Requiring Landscape and Reforestation Activities|§ 205. Duty to minimize removal, cutting or clearing of landscape improvements.

§ 205. Duty to minimize removal, cutting or clearing of landscape improvements. Whenever the Department of Transportation undertakes any construction project in this State, it shall make every reasonable effort to preserve large, mature trees. Additionally, it shall make every reasonable effort to remove, cut or clear only the minimum number of trees and shrubs that are necessary to complete the project and remain consistent with safe design practices. 73 Del. Laws, c. 351, §  2;
17 DE Code § 206. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 1. General Provisions|Subchapter VII. Projects Requiring Landscape and Reforestation Activities|§ 206. Duty to complete landscaping, planting and reforestation activities; modification of project plans.

§ 206. Duty to complete landscaping, planting and reforestation activities; modification of project plans. (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. 73 Del. Laws, c. 351, §  2;
17 DE Code § 207. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 1. General Provisions|Subchapter VII. Projects Requiring Landscape and Reforestation Activities|§ 207. Lands held for duration of construction project and thereafter; limitation upon transfer and development.

§ 207. Lands held for duration of construction project and thereafter; limitation upon transfer and development. (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. 73 Del. Laws, c. 351, §  2;
17 DE Code § 208. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 1. General Provisions|Subchapter VII. Projects Requiring Landscape and Reforestation Activities|§ 208. Regulations.

§ 208. Regulations. (a) The Department of Transportation shall promulgate such rules and regulations as it deems necessary for implementing this subchapter. (b) All policies, standards and general specification relating to landscaping, planting and reforestation activities, as well as the planting and placement of trees, shrubs, groundcover, sod and grass, must appear within the Department of Transportation's design standards and/or regulations and must be developed in conjunction with the Department of Agriculture and the Department of Natural Resources and Environmental Control or such other public or private agencies as may be deemed appropriate by the Department. (c) All rules and regulations promulgated pursuant to this section shall meet the requirements of the Administrative Procedures Act (Chapter 101 of Title 29). 73 Del. Laws, c. 351, §  2;
17 DE Code § 210. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 1. General Provisions|Subchapter VII. Projects Requiring Landscape and Reforestation Activities|§ 210. Inability to meet minimum requirements; alternate landscaping and planting activities.

§ 210. Inability to meet minimum requirements; alternate landscaping and planting activities. (a) If the Department of Transportation is unable to meet the minimum requirements for landscaping and planting activities set forth in Part II within the rights-of-way of the construction project with which the landscaping and planting activities are associated, it must first complete the balance of those landscaping and planting activities within other:  (1) State-owned rights-of-way which are along the same road and geographically closest to the construction project requiring landscaping and planting activities and thereafter moving outward in all directions until it has met the minimum requirements for landscaping and planting activities set forth in this part; or (2) Within conservation easements approved and maintained by the Department of Natural Resources and Environmental Control that are within the same or an adjacent watershed. (b) If, thereafter, the Department of Transportation remains unable to meet the minimum requirements for landscaping and planting activities set forth above within any rights-of-way it owns or controls in the State, it shall determine the number of acres of landscaping and planting activities it has been unable to mitigate and:  (1) Perform landscaping and planting activities in the State (or cause the same to be performed) at locations recommended by the Department of Agriculture Forest Service or the Department of Natural Resources and Environmental Control; or (2) If the Department of Agriculture or the Department of Natural Resources and Environmental Control are unable to identify any locations in the State for the performance of landscaping and planting activities, transfer to either the Department of Agriculture Forest Service or the Department of Natural Resources and Environmental Control an amount equal to the dollar value per square yard necessary to plant seedlings in the area it has been unable to mitigate to be used by either Department for conducting landscaping and planting activities in the State under programs administered by those Departments.73 Del. Laws, c. 351, §  2;  77 Del. Laws, c. 361, §  4;
17 DE Code § 211. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 1. General Provisions|Subchapter VII. Projects Requiring Landscape and Reforestation Activities|§ 211. Planting standards.

§ 211. Planting standards. (a) All landscaping and planting activities undertaken as part of the Department of Transportation's obligation to mitigate the removal, cutting or clearing of landscape improvements pursuant to this part must be conducted pursuant to a landscape plan prepared by the Delaware licensed and registered landscape design professional or by the Delaware Department of Transportation, and must be conducted:  (1) To promote transplant survival; (2) In compliance with federal law and regulation; (3) In compliance with any Department of Transportation design specifications relating to obstructions in the right-of-way, and the distance that landscape improvements must be planted from the travel lanes of the roadway for safety purposes and corresponding to any policies related to context sensitive design; (4) In compliance with the Department of Transportation's landscape and reforestation policies developed in conjunction with the Department of Agriculture and the Department of Natural Resources and Environmental Control or other such public or private agencies as the Department of Transportation may deem appropriate; and (5) To be maintainable with resources available to the Department at the time of planting, to include any permanent agreements entered into relating to maintenance. (b) A landscape plan prepared by a Delaware-licensed and registered landscape design professional or by the Delaware Department of Transportation for use in completing the minimum landscaping and planting activities required by this part may include whatever components the Department of Transportation determines are necessary or appropriate for the area in which the activities will take place, but must at a minimum:  (1) Screen, while maintaining transportation safety standards, at least 50 percent of the frontage of industrial properties and the back sides of nonagricultural, commercial properties; (2) Use an appropriate combination of trees, shrubs, groundcovers, and grass or sod, both within median areas and along all roads, for aesthetic and screen purposes; and (3) Select from upper, medium and lower canopy trees, both within median areas and along all roads where space is safely available, that:  a. Are no less than 1 inch in diameter, as measured 6 inches above the established ground level when planted; b. Are planted in sufficient quantities to achieve an aesthetically pleasing view and/or, if outside the right-of-way, wildlife habitat when fully grown. (c) All landscaping and screening shall be in conformance with any context sensitive design and vegetative policies that are in effect at the time of the project. (d) No landscape improvement determined to be an invasive species shall ever be knowingly planted, authorized or required by the Department of Transportation. 73 Del. Laws, c. 351, §  2;  77 Del. Laws, c. 361, §§  5-8;
17 DE Code § 220. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 1. General Provisions|Subchapter VIII. Brandywine Valley National Scenic Byway|§ 220. Findings and intent.

§ 220. Findings and intent. (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. 78 Del. Laws, c. 402, §  1;
17 DE Code § 221. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 1. General Provisions|Subchapter VIII. Brandywine Valley National Scenic Byway|§ 221. Establishment of Board.

§ 221. Establishment of Board. (a) There is hereby established a Brandywine Valley National Scenic Byway Advisory Board, which shall be chaired by the Secretary or his or her designee and comprised of members serving for terms of 3 years each. The following organizations shall be entitled to appoint a representative to the Board:  (1) Department of Natural Resources and Environmental Control; (2) Department of State; (3) Delaware Tourism Office; (4) New Castle County; (5) City of Wilmington and/or the Wilmington Convention and Visitors Bureau; (6) Kennett Pike Association; (7) Delaware Greenways; (8) Delaware Nature Society; (9) Centreville Civic Association; (10) Brandywine Conservancy; (11) Maintenance Corporation of Westover Hills; (12) Westover Hills Woods Association; and (13) The Harriett Tubman Underground Railroad Byway. (b) In addition to the foregoing, the Board shall also include a representative of the hospitality industry; a representative of the Brandywine Valley museum community (including but not limited to the Hagley Museum, Longwood Gardens, Winterthur Museum and Gardens and the Brandywine River Museum); a representative of the Greenville, Centreville or Montchanin business community; and such other members as shall be nominated and appointed from time to time. Members appointed pursuant to this subsection (b) shall be nominated by a majority vote of the existing members and appointed by the Secretary. (c) The Board shall adopt bylaws that provide for operating procedures such as election of officers, appointment of committees, designation of a quorum, conducting of meetings, and other matters that will promote the efficient operation of the Board in the performance of its duties under this chapter. 78 Del. Laws, c. 402, §  1;  70 Del. Laws, c. 186, §  1;
17 DE Code § 222. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 1. General Provisions|Subchapter VIII. Brandywine Valley National Scenic Byway|§ 222. Duties and responsibilities of Board.

§ 222. Duties and responsibilities of Board. The Board shall assist in and make recommendations regarding the protection, preservation, designation, development, operation, management and promotion of the National Scenic Byway. In connection with the foregoing, the responsibilities and powers of the Board shall include:  (1) In an advisory capacity, reviewing and participating in the development of regulations and laws that impact the National Scenic Byway, at all levels of government; (2) Securing funding to operate programs that enhance and preserve the National Scenic Byway for residents and visitors; (3) Recommending policies and standards related to the National Scenic Byway; (4) Participating in the update and implementation of the Corridor Management Plan and any associated reports, studies and plans; and (5) Preparing and submitting the biennial report described in § 223 of this title hereunder; and (6) Such other responsibilities and powers consistent with the Board's role as an advisory body as shall be determined from time to time.78 Del. Laws, c. 402, §  1;
17 DE Code § 223. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 1. General Provisions|Subchapter VIII. Brandywine Valley National Scenic Byway|§ 223. Reports.

§ 223. Reports. The Board shall prepare and submit a report of its activities and accomplishments to the General Assembly no later than June 30, 2014, and every second year thereafter. 78 Del. Laws, c. 402, §  1;
17 DE Code § 1001. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 10. Bikeways and Safe Routes to School|Subchapter I. Bikeways|§ 1001. Authority for establishment of bikeways.

§ 1001. Authority for establishment of bikeways. 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. 59 Del. Laws, c. 481, §  1;  73 Del. Laws, c. 435, §  1;
17 DE Code § 1002. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 10. Bikeways and Safe Routes to School|Subchapter I. Bikeways|§ 1002. Bikeway routes.

§ 1002. Bikeway routes. 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. 59 Del. Laws, c. 481, §  1;  73 Del. Laws, c. 435, §  1;
17 DE Code § 1003. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 10. Bikeways and Safe Routes to School|Subchapter I. Bikeways|§ 1003. Cooperation with other governmental agencies.

§ 1003. Cooperation with other governmental agencies. 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. 59 Del. Laws, c. 481, §  1;  73 Del. Laws, c. 435, §  1;
17 DE Code § 1004. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 10. Bikeways and Safe Routes to School|Subchapter I. Bikeways|§ 1004. Power to acquire real property.

§ 1004. Power to acquire real property. In order to establish a system of bikeways within this State, the Department may acquire real property by gift, devise or purchase. Title to such lands shall be in the name of the State. 59 Del. Laws, c. 481, §  1;  73 Del. Laws, c. 435, §  1;
17 DE Code § 1005. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 10. Bikeways and Safe Routes to School|Subchapter I. Bikeways|§ 1005. Bikeway planning.

§ 1005. Bikeway planning. The Department shall maintain a planning activity concerned with the near and long-term development of bikeways within the State. 59 Del. Laws, c. 481, §  1;  73 Del. Laws, c. 435, §  1;
17 DE Code § 1006. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 10. Bikeways and Safe Routes to School|Subchapter I. Bikeways|§ 1006. Bicycle access to highways.

§ 1006. Bicycle access to highways. Nothing in this chapter shall be construed as a limitation of the use of bicycles on existing roads, streets, parkways and other thoroughfares by bicyclists even though such roadways are not specifically designated as bikeways, except as specified in § 4196(c) of Title 21. 59 Del. Laws, c. 481, §  1;  73 Del. Laws, c. 435, §  1;