reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 17 - Highways › Chapter 5. HIGHWAYS, ROADS AND BRIDGES GENERALLY › § 528. Restrictions against vehicle sales activities on State rights-of-way.

§ 528. Restrictions against vehicle sales activities on State rights-of-way.
(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.
74 Del. Laws, c. 181, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 5. HIGHWAYS, ROADS AND BRIDGES GENERALLY › § 529. Inspection requirements for bridge owners.

§ 529. Inspection requirements for bridge owners.
(a) As used herein, the terms “bridge” and “bridge with approaches” are defined as structures, including supports, erected over a depression or an obstruction such as water, a highway or a railway, with tracks or passageways for carrying traffic or other moving loads, and with openings measured along the center of the roadway of more than 20 feet (6.1 meters) between undercopings of abutments or spring lines of arches, or the extreme ends of openings for multiple boxes. The term “bridge” shall also include multiple pipe structures where the clear distance between pipe openings is less than half of the smaller pipe diameter(s), and the combined structure exceeds 20 feet (6.1 meters) in total span length.
(b) All bridges and bridges with approaches located on or over public roads must be inspected in accordance with The National Bridge Inspection Standards, as codified in 23 C.F.R. Part 650, Subpart C, as amended, and in accordance with the following provisions:
(1) Such inspections shall be the responsibility of the bridge owner.
(2) The inspections shall be performed by qualified personnel not less frequently than every 2 years, based on the bridge condition and on the schedule set by the Department of Transportation.
(3) Inspection information must be collected, maintained and be available for review as required by the Federal Highway Administration's Recording and Coding Guide for Structure Inventory and Appraisal of the Nation's Bridge.
(4) If the bridge owner does not perform the required inspection on the schedule approved by the Department of Transportation, the Department shall notify the bridge owner and give the bridge owner 60 days to produce the required inspection report.
(5) If the bridge owner fails to produce the required inspection report after notice pursuant to paragraph (b)(4) of this section, the Department shall be empowered to take the following enforcement actions:
a. Perform the inspection, the costs of which shall be borne by the bridge owner. The Department shall have the right to enter the property to perform such inspections, regardless of the ownership of the property; or
b. Close the bridge.
72 Del. Laws, c. 201, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 5. HIGHWAYS, ROADS AND BRIDGES GENERALLY › § 530. Dedication of right-of-way adjacent to a state highway.

§ 530. Dedication of right-of-way adjacent to a state highway.
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.
75 Del. Laws, c. 39, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 5. HIGHWAYS, ROADS AND BRIDGES GENERALLY › § 531. Connections to roads within restricted age communities.

§ 531. Connections to roads within restricted age communities.
(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.
78 Del. Laws, c. 32, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 5. HIGHWAYS, ROADS AND BRIDGES GENERALLY › § 532. Memorial signage.

§ 532. Memorial signage.
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.
78 Del. Laws, c. 67, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 7. RAILROAD CROSSINGS OVER HIGHWAYS › § 701. Whistles at public highway crossings; blocking of crossings; penalty; jurisdiction.

§ 701. Whistles at public highway crossings; blocking of crossings; penalty; jurisdiction.
(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.
18 Del. Laws, c. 685, §§  1, 2;  Code 1915, §  1613;  Code 1935, §  1699;  17 Del. C. 1953, §  705;  52 Del. Laws, c. 124;  57 Del. Laws, c. 371, §§  1-3;  69 Del. Laws, c. 423, §  22;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 7. RAILROAD CROSSINGS OVER HIGHWAYS › § 702. Elimination of grade crossings; ascertainment of damages to owners.

§ 702. Elimination of grade crossings; ascertainment of damages to owners.
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.
27 Del. Laws, c. 168;  Code 1915, §  1615;  40 Del. Laws, c. 107;  Code 1935, §  1702;  17 Del. C. 1953, §  706;
2023 Delaware Code › Title 17 - Highways › Chapter 7. RAILROAD CROSSINGS OVER HIGHWAYS › § 703. Crossing by state highways with watercourses or railroads.

§ 703. Crossing by state highways with watercourses or railroads.
(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.
29 Del. Laws, c. 63, §  6;  34 Del. Laws, c. 79;  Code 1935, §  5739;  46 Del. Laws, c. 257, §  1;  17 Del. C. 1953, §  707;  62 Del. Laws, c. 341, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 7. RAILROAD CROSSINGS OVER HIGHWAYS › § 704. Abandonment of roads crossing railroad at grade; relocation of roads; character of construction.

§ 704. Abandonment of roads crossing railroad at grade; relocation of roads; character of construction.
(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.
29 Del. Laws, c. 63, §  6;  34 Del. Laws, c. 80;  Code 1935, §  5740;  17 Del. C. 1953, §  708;
2023 Delaware Code › Title 17 - Highways › Chapter 7. RAILROAD CROSSINGS OVER HIGHWAYS › § 706. Regulation of maintenance of railroad property.

§ 706. Regulation of maintenance of railroad property.
(a) No hedge, shrub, tree or solid fence shall be erected, planted or maintained within the railroad property or right-of-way and for a distance of 25 yards from the point where that property or right-of-way crosses any public or private road at which grade crossing protection is not provided by gates, warning lights or watchperson.
(b) If any railroad company, at any time, fails to comply with subsection (a) of this section, the Department shall notify the president or other executive officer of the company, in writing, stating the nature of the obstruction. If the company does not within 30 days thereafter comply with subsection (a) of this section, it shall be fined for the first offense $100, for the second offense $200 and for every subsequent offense not less than $500 nor more than $1,000.
(c) The Superior Court shall have jurisdiction of offenses under this section.
17 Del. C. 1953, §  711;  57 Del. Laws, c. 721;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 8. HIGHWAY CONSTRUCTION PAYMENTS › § 801. Definitions.

§ 801. Definitions.
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. 1953, §  801;  57 Del. Laws, c. 688;  60 Del. Laws, c. 503, §  18;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 8. HIGHWAY CONSTRUCTION PAYMENTS › § 802. Payments to contractor impressed with trust.

§ 802. Payments to contractor impressed with trust.
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. 1953, §  802;  57 Del. Laws, c. 688.;
2023 Delaware Code › Title 17 - Highways › Chapter 8. HIGHWAY CONSTRUCTION PAYMENTS › § 803. Use or application of money received by contractor.

§ 803. Use or application of money received by contractor.
(a) No contractor, or agent of a contractor, shall pay out, use or appropriate any money or funds described in § 802 of this title until they have first been applied to the payment of the full amount of all moneys due and owing by the contractor to all persons furnishing labor or material for the erection, construction, completion, authorization or repair of any highway, right-of-way, turnpike or toll express highways, including shoulders, median strips, parkways and islands, by such contractor, whether or not the labor or material entered into or became a component part of any such highway right-of-way, turnpike or toll express highways, including shoulders, median strips, parkways and islands, and whether or not the same were furnished on the credit of such highway right-of-way, turnpike or toll express highways, including shoulders, median strips, parkways and islands, or on the credit of such contractor.
(b) All general contractors or agents of any general contractor receiving funds impressed with a trust under this chapter shall, within 30 days of receipt of any payment, file a statement in a form to be determined by the Division of Highways, with the contracting state agency that the contractor or the contractor's agent has paid all subcontractors furnishing labor or material the full sum due them at that stage of the contract, except any funds withheld under the terms of the contract.
(c) In any instance where the contract stipulates that the general contractor will receive a series of prorated payments the general contractor or the general contractor's agents shall, upon the receipt of each payment, pay all subcontractors furnishing labor or materials, who have properly completed all work required of them at that stage of the contract, according to the same prorated formula which governs payments to the general contractor, i.e., if the general contractor receives 10% initially, persons furnishing labor and materials will receive 10% initially, and so through the course of the contract.
17 Del. C. 1953, §  803;  57 Del. Laws, c. 688;  59 Del. Laws, c. 174, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 8. HIGHWAY CONSTRUCTION PAYMENTS › § 804. Contractor's failure to use or apply money in accordance with § 803 of this title.

§ 804. Contractor's failure to use or apply money in accordance with § 803 of this title.
(a) Failure of a contractor, or an agent of a contractor, to pay or cause to be paid, in full or pro rata, the lawful claims of all persons, firms, associations of persons or corporations furnishing labor or material as required by § 803 of this title within 30 days after the receipt of any moneys or funds for the purposes of § 802 of this title shall be prima facie evidence of the payment, use or appropriation of such trust moneys or funds by the contractor in violation of this chapter.
(b) Prior to any payment made to any subcontractors for materials, workmanship and all other supplies furnished by such person, persons or corporations an inspection shall be made by the Department of Transportation of all supplies and work furnished by the subcontractors and their approval of the work shall be required before payment is made.
17 Del. C. 1953, §  804;  57 Del. Laws, c. 688;  60 Del. Laws, c. 503, §  18;
2023 Delaware Code › Title 17 - Highways › Chapter 8. HIGHWAY CONSTRUCTION PAYMENTS › § 805. Penalties.

§ 805. Penalties.
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. 1953, §  805;  57 Del. Laws, c. 688.;
2023 Delaware Code › Title 17 - Highways › Chapter 9. DRAINAGE OF LANDS ADJACENT TO PUBLIC ROADS › § 901. Department of Transportation to drain certain lands along highways.

§ 901. Department of Transportation to drain certain lands along highways.
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.
41 Del. Laws, c. 238, §  1;  17 Del. C. 1953, §  901;  57 Del. Laws, c. 671, §  7;  60 Del. Laws, c. 503, §  18;
2023 Delaware Code › Title 17 - Highways › Chapter 9. DRAINAGE OF LANDS ADJACENT TO PUBLIC ROADS › § 902. Construction of ditches along certain highways.

§ 902. Construction of ditches along certain highways.
The Department shall, at all times, cause suitable and sufficient ditches or other conduits to be constructed along the right-of-way of any road or highway constructed, altered or changed, whereby, because of such construction, alteration or changing of such lands included in the right-of-way of such road or highway, the natural contour lines and levels of the lands included within such right-of-way of such road or highway would be changed, and waters would tend to collect upon and over the lands adjacent to such road or highway because of such change.
41 Del. Laws, c. 238, §  2;  17 Del. C. 1953, §  902;
2023 Delaware Code › Title 17 - Highways › Chapter 9. DRAINAGE OF LANDS ADJACENT TO PUBLIC ROADS › § 903. Drainage of flooded highway.

§ 903. Drainage of flooded highway.
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.
41 Del. Laws, c. 238, §  3;  17 Del. C. 1953, §  903;
2023 Delaware Code › Title 17 - Highways › Chapter 9. DRAINAGE OF LANDS ADJACENT TO PUBLIC ROADS › § 904. Agreements with ditch companies for drainage purposes.

§ 904. Agreements with ditch companies for drainage purposes.
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.
32 Del. Laws, c. 57;  Code 1935, §  5760;  17 Del. C. 1953, §  904;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 17 - Highways › Chapter 10. BIKEWAYS AND SAFE ROUTES TO SCHOOL › Subchapter II. Safe Routes to School › § 1021. Declaration of purpose.

§ 1021. Declaration of purpose.
The federal Highway Safety Act [23 U.S.C. § 401 et seq.] has authorized appropriations for a number of programs relating to projects for the improvement of highway safety and the reduction of traffic congestion. Such programs include the rail-highway crossings program; the pavement marking demonstration program; projects for high-hazard locations, including, but not limited to, projects for bicycle and pedestrian safety and traffic calming measures in those locations; a program for the elimination of roadside obstacles; and the federal-aid safe roads demonstration program. The Department of Transportation has been implementing these programs successfully for many years. The purpose of this subchapter is to authorize the Department of Transportation to include a “Safe Routes to School” program in its implementation of these federal programs in this State. The Secretary, the Department of Transportation, the county governments, and governing bodies of the incorporated municipalities in this State are authorized to do all things necessary in their respective jurisdictions to secure and expend such federal funds in accordance with the intent of the federal act and of this subchapter.
73 Del. Laws, c. 435, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 10. BIKEWAYS AND SAFE ROUTES TO SCHOOL › Subchapter II. Safe Routes to School › § 1022. Safe Routes to School Program; establishment; grants; regulations.

§ 1022. Safe Routes to School Program; establishment; grants; regulations.
(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.
73 Del. Laws, c. 435, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 11. REGULATION OF OUTDOOR ADVERTISING › Subchapter I. General Provisions › § 1101. Purpose and policy.

§ 1101. Purpose and policy.
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.
42 Del. Laws, c. 182, §  1;  17 Del. C. 1953, §  1101;  53 Del. Laws, c. 87, §  1;  57 Del. Laws, c. 276.;
2023 Delaware Code › Title 17 - Highways › Chapter 11. REGULATION OF OUTDOOR ADVERTISING › Subchapter I. General Provisions › § 1103. Enforcement of chapter; rules and regulations; examinations; territorial limitations.

§ 1103. Enforcement of chapter; rules and regulations; examinations; territorial limitations.
(a) The Department shall:
(1) Enforce this chapter; and
(2) Make, publish and enforce such regulations for the proper control and restriction of outdoor advertising signs, displays and devices as may be necessary or advisable to implement the policy and accomplish the purposes of this chapter.
(b) All employees of the Department, or any peace officer of this State, when so directed by the Department or its officers, may enter into and upon any land or building to make any examination or survey which the Department deems necessary to the effective administration of this chapter or to enforce this chapter.
(c) This chapter shall apply only to outdoor advertising signs, displays and devices situate outside the corporate limits of any incorporated city or town in this State and to those outdoor advertising signs, displays and devices situate in controlled areas within such corporate limits.
42 Del. Laws, c. 182, §§  2, 14;  17 Del. C. 1953, §  1103;  53 Del. Laws, c. 87, §  1;  57 Del. Laws, c. 276;  57 Del. Laws, c. 633, §  7;  61 Del. Laws, c. 262, §  7;
2023 Delaware Code › Title 17 - Highways › Chapter 11. REGULATION OF OUTDOOR ADVERTISING › Subchapter I. General Provisions › § 1104. Application and issuance of permits; revocation.

§ 1104. Application and issuance of permits; revocation.
(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.
42 Del. Laws, c. 182, §  3;  17 Del. C. 1953, §  1104;  53 Del. Laws, c. 87, §  1;  57 Del. Laws, c. 276;  57 Del. Laws, c. 633, §§  8, 9;  61 Del. Laws, c. 262, §§  8-10;
2023 Delaware Code › Title 17 - Highways › Chapter 11. REGULATION OF OUTDOOR ADVERTISING › Subchapter I. General Provisions › § 1105. Advertising identification.

§ 1105. Advertising identification.
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.
42 Del. Laws, c. 182, §  4;  17 Del. C. 1953, §  1105;  53 Del. Laws, c. 87, §  1;  57 Del. Laws, c. 276;  60 Del. Laws, c. 290, §  3;  61 Del. Laws, c. 262, §  11;
2023 Delaware Code › Title 17 - Highways › Chapter 11. REGULATION OF OUTDOOR ADVERTISING › Subchapter I. General Provisions › § 1106. Removal upon expiration or revocation of permit.

§ 1106. Removal upon expiration or revocation of permit.
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.
42 Del. Laws, c. 182, §  5;  17 Del. C. 1953, §  1106;  53 Del. Laws, c. 87, §  1;  57 Del. Laws, c. 276;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 11. REGULATION OF OUTDOOR ADVERTISING › Subchapter I. General Provisions › § 1107. Unlawful to remove or damage road markers, etc., or place advertising on highways.

§ 1107. Unlawful to remove or damage road markers, etc., or place advertising on highways.
(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.
42 Del. Laws, c. 182, §  7;  17 Del. C. 1953, §  1107;  53 Del. Laws, c. 87, §  1;  57 Del. Laws, c. 276;  61 Del. Laws, c. 262, §  12;
2023 Delaware Code › Title 17 - Highways › Chapter 11. REGULATION OF OUTDOOR ADVERTISING › Subchapter I. General Provisions › § 1108. Location and condition of advertising regulated.

§ 1108. Location and condition of advertising regulated.
(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.
42 Del. Laws, c. 182, §§  6, 11;  17 Del. C. 1953, §  1108;  53 Del. Laws, c. 87, §  1;  55 Del. Laws, c. 407;  56 Del. Laws, c. 178;  56 Del. Laws, c. 351, §  1;  57 Del. Laws, c. 276;  57 Del. Laws, c. 633, §§  10, 11;  61 Del. Laws, c. 262, §§  13-15;  62 Del. Laws, c. 267, §§  1, 2;  71 Del. Laws, c. 318, §  1;  79 Del. Laws, c. 320, §  1;  80 Del. Laws, c. 23, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 11. REGULATION OF OUTDOOR ADVERTISING › Subchapter I. General Provisions › § 1109. Forbidden advertising.

§ 1109. Forbidden advertising.
No outdoor advertising signs, displays or devices shall display copy which violates any federal or state law, or which is offensive to the moral standards of the community at the time the copy is offered for display, or which is false, misleading or deceptive.
42 Del. Laws, c. 182, §  10;  17 Del. C. 1953, §  1109;  53 Del. Laws, c. 87, §  1;  57 Del. Laws, c. 276.;
2023 Delaware Code › Title 17 - Highways › Chapter 11. REGULATION OF OUTDOOR ADVERTISING › Subchapter I. General Provisions › § 1111. Public nuisance; abatement.

§ 1111. Public nuisance; abatement.
(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.
42 Del. Laws, c. 182, §  13;  17 Del. C. 1953, §  1111;  53 Del. Laws, c. 87, §  1;  57 Del. Laws, c. 276;  57 Del. Laws, c. 633, §  12;  60 Del. Laws, c. 290, §§  4, 5;  75 Del. Laws, c. 98, §  124;
2023 Delaware Code › Title 17 - Highways › Chapter 11. REGULATION OF OUTDOOR ADVERTISING › Subchapter I. General Provisions › § 1112. Injunctive relief.

§ 1112. Injunctive relief.
The Department or any taxpayer may maintain an action for an injunction to restrain any violation or threatened violation of this chapter or of any regulation lawfully adopted pursuant thereto.
42 Del. Laws, c. 182, §  13;  17 Del. C. 1953, §  1112;  53 Del. Laws, c. 87, §  1;  57 Del. Laws, c. 276.;
2023 Delaware Code › Title 17 - Highways › Chapter 11. REGULATION OF OUTDOOR ADVERTISING › Subchapter I. General Provisions › § 1113. Penalties.

§ 1113. Penalties.
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.
42 Del. Laws, c. 182, §  13;  17 Del. C. 1953, §  1113;  53 Del. Laws, c. 87, §  1;  57 Del. Laws, c. 276.;