reglab/statecodes huggingface dataset:
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 17 - Highways › Chapter 3. THE DELAWARE MEMORIAL BRIDGE › § 301. Definitions.

§ 301. Definitions.
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.
Code 1935, c. 166;  45 Del. Laws, c. 274, §  13;  17 Del. C. 1953, §  301;  57 Del. Laws, c. 671, §  2A;  60 Del. Laws, c. 503, §  18;
2023 Delaware Code › Title 17 - Highways › Chapter 3. THE DELAWARE MEMORIAL BRIDGE › § 302. Operation of Bridge and construction of additions.

§ 302. Operation of Bridge and construction of additions.
The Department may operate and maintain the Bridge, as defined in this chapter, and may construct, operate and maintain additions thereto and improvements thereof.
Code 1935, §  166;  45 Del. Laws, c. 274, §  1;  17 Del. C. 1953, §  302;
2023 Delaware Code › Title 17 - Highways › Chapter 3. THE DELAWARE MEMORIAL BRIDGE › § 303. Acquisition of data and information.

§ 303. Acquisition of data and information.
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.
Code 1935, c. 166;  45 Del. Laws, c. 274, §  2;  17 Del. C. 1953, §  303;
2023 Delaware Code › Title 17 - Highways › Chapter 3. THE DELAWARE MEMORIAL BRIDGE › § 304. Delaware Memorial Bridge Division; Director of Division.

§ 304. Delaware Memorial Bridge Division; Director of Division.
(a) The Department may establish within the Department a Division to be known as the “Delaware Memorial Bridge Division,” and may appoint a Director of such Division and fix the Director's compensation. The Director of the Division shall supervise all activities relating to the construction of the Bridge and may call for bids for construction in connection therewith, sign vouchers and perform all such acts and duties as shall be required of the Director by the Department.
(b) Upon the completion of the Bridge and the opening of the same for public use, the Delaware Memorial Bridge Division and the office of Director thereof shall forthwith cease and terminate.
45 Del. Laws, c. 274, §  3;  46 Del. Laws, c. 193, §  1;  17 Del. C. 1953, §  304;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 3. THE DELAWARE MEMORIAL BRIDGE › § 307. Title to Bridge and approaches; power to hold title to New Jersey property.

§ 307. Title to Bridge and approaches; power to hold title to New Jersey property.
The title to the Bridge within the territorial limits of this State shall at all times be in the State of Delaware, and the title to so much of the Bridge and any approaches and appurtenances thereto which may be within the State of New Jersey shall at all times be either in the name of the Department or in the name of an individual or a corporation as trustee for the Department or otherwise held as may be permitted by the laws of the State of New Jersey, but the construction, control, operation, maintenance, repair, improvement and enlargement of the Bridge shall at all times be confined to the Department. The Department, in its own name, may take and hold title to and make agreements for the use of any property in the State of New Jersey necessary for the purposes of the Bridge and approaches thereto, if permitted so to do by the laws of the State of New Jersey and, for the purpose of taking and holding such title and making such agreements, the Department is constituted a body corporate and politic, with all the usual powers thereof for the purposes last aforesaid only.
Code 1935, c. 166;  45 Del. Laws, c. 274, §  14;  17 Del. C. 1953, §  307;
2023 Delaware Code › Title 17 - Highways › Chapter 3. THE DELAWARE MEMORIAL BRIDGE › § 308. Use of lands under Delaware River.

§ 308. Use of lands under Delaware River.
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.
Code 1935, c. 166;  45 Del. Laws, c. 274, §  5;  17 Del. C. 1953, §  308;
2023 Delaware Code › Title 17 - Highways › Chapter 3. THE DELAWARE MEMORIAL BRIDGE › § 309. Regulating use of Bridge; public utilities contracts; penalties.

§ 309. Regulating use of Bridge; public utilities contracts; penalties.
(a) The Department may establish regulations respecting the use of the Bridge and may contract with any person desiring the use of the Bridge, its approaches and appurtenances or any part thereof, including the approach highways, if any, for placing therein or thereon gas or oil pipelines, telephone, telegraph and electric wires or cables or for any other purpose and to fix the terms, conditions and rates of charge for such use.
(b) Whoever violates any regulation established by the Department in respect to the use of the Bridge, including regulations established by the Department regulating traffic over such Bridge and its approaches or approach highways, shall be fined not more than $100 for each such offense.
Code 1935, c. 166;  45 Del. Laws, c. 274, §  6;  17 Del. C. 1953, §  309;
2023 Delaware Code › Title 17 - Highways › Chapter 3. THE DELAWARE MEMORIAL BRIDGE › § 310. Insurance.

§ 310. Insurance.
The Department shall procure and keep in force adequate insurance upon the Bridge, including adequate use and occupancy insurance as well as insurance to defray the cost of removing obstacles from the Delaware River in the event of a collapse or other injury to such Bridge.
Code 1935, c. 166;  45 Del. Laws, c. 274, §  7;  17 Del. C. 1953, §  310;
2023 Delaware Code › Title 17 - Highways › Chapter 3. THE DELAWARE MEMORIAL BRIDGE › § 311. Employment of general manager, guards and toll keepers.

§ 311. Employment of general manager, guards and toll keepers.
The Department may employ a general manager for the purpose of supervising the operation of the Bridge and may appoint such number of guards and toll keepers as may be deemed advisable by it, and such officers are given the powers of a constable in the performance of their duties.
Code 1935, c. 166;  45 Del. Laws, c. 274, §  8;  17 Del. C. 1953, §  311;
2023 Delaware Code › Title 17 - Highways › Chapter 3. THE DELAWARE MEMORIAL BRIDGE › § 312. Duty to procure fidelity bonds.

§ 312. Duty to procure fidelity bonds.
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.
Code 1935, c. 166;  45 Del. Laws, c. 274, §  9;  17 Del. C. 1953, §  312;
2023 Delaware Code › Title 17 - Highways › Chapter 3. THE DELAWARE MEMORIAL BRIDGE › § 313. Other crossings prohibited.

§ 313. Other crossings prohibited.
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.
Code 1935, c. 166;  45 Del. Laws, c. 274, §  10;  17 Del. C. 1953, §  313;
2023 Delaware Code › Title 17 - Highways › Chapter 3. THE DELAWARE MEMORIAL BRIDGE › § 314. Conferred powers as continuing.

§ 314. Conferred powers as continuing.
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.
Code 1935, c. 166;  45 Del. Laws, c. 274, §  15;  17 Del. C. 1953, §  314;
2023 Delaware Code › Title 17 - Highways › Chapter 3. THE DELAWARE MEMORIAL BRIDGE › § 315. Application of other powers of Department.

§ 315. Application of other powers of Department.
All of the powers conferred upon the Department by any other law are made applicable to the Department in the performance of its duties hereunder insofar as the same may be appropriate and consistent with the provisions hereof.
Code 1935, c. 166;  45 Del. Laws, c. 274, §  16;  17 Del. C. 1953, §  315;
2023 Delaware Code › Title 17 - Highways › Chapter 3. THE DELAWARE MEMORIAL BRIDGE › § 316. Power of Congress.

§ 316. Power of Congress.
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.
Code 1935, c. 166;  45 Del. Laws, c. 274, §  12;  17 Del. C. 1953, §  316;
2023 Delaware Code › Title 17 - Highways › Chapter 3. THE DELAWARE MEMORIAL BRIDGE › § 317. Exemption from taxation.

§ 317. Exemption from taxation.
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.
Code 1935, c. 166;  45 Del. Laws, c. 274, §  11;  17 Del. C. 1953, §  317;
2023 Delaware Code › Title 17 - Highways › Chapter 3. THE DELAWARE MEMORIAL BRIDGE › § 319. Bonds as legal investments for institutions and fiduciaries.

§ 319. Bonds as legal investments for institutions and fiduciaries.
Bonds issued by the Department to finance the construction of the Bridge are made securities in which all state and municipal officers and administrative departments, boards and commissions of the State, all banks, bankers, savings banks, trust companies, saving and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business and all administrators, executors, guardians, trustees and other fiduciaries and all other persons whatsoever authorized to invest in bonds or other obligations of the State may properly and legally invest any funds, including capital belonging to them or within their control; and such bonds are made securities which may properly and legally be deposited with and received by any state, county or municipal officer or agency of the State for any purpose for which the deposit of bonds or other obligations of the State is authorized by law.
Code 1935, c. 166;  45 Del. Laws, c. 275, §  1;  17 Del. C. 1953, §  319;
2023 Delaware Code › Title 17 - Highways › Chapter 3. THE DELAWARE MEMORIAL BRIDGE › § 320. Credit of State not pledged.

§ 320. Credit of State not pledged.
Revenue bonds issued under this chapter shall be payable exclusively from the funds hereinafter provided therefor from tolls and revenues. All such bonds shall contain a statement on their face that the State is not obligated to pay the same or the interest thereon except from revenues of the project for which they are issued and that the faith and credit of the State are not pledged to the payment of the principal or interest of such bonds. The issuance of revenue bonds under this chapter shall not directly or indirectly or contingently obligate the State to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment.
45 Del. Laws, c. 275, §  2;  17 Del. C. 1953, §  320;
2023 Delaware Code › Title 17 - Highways › Chapter 3. THE DELAWARE MEMORIAL BRIDGE › § 321. Trust indenture.

§ 321. Trust indenture.
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.
45 Del. Laws, c. 275, §  3;  17 Del. C. 1953, §  321;
2023 Delaware Code › Title 17 - Highways › Chapter 3. THE DELAWARE MEMORIAL BRIDGE › § 322. Remedies of bondholders and trustees.

§ 322. Remedies of bondholders and trustees.
Any holder of revenue bonds issued to finance the construction of the Bridge or any of the coupons attached thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity by action, mandamus or other proceedings protect and enforce any and all rights under the laws of the United States or of this State or granted hereunder or under such resolution or trust indenture and may enforce and compel performance of all duties required by this chapter, or by such resolution or trust indenture, to be performed by the Department or any officer thereof, including the fixing, charging and collecting of tolls for the use of such Bridge.
Such resolution or trust indenture may contain provisions under which any holder of such bonds or the trustee under such trust indenture shall be entitled to the appointment of a receiver in the event of a default, and any receiver so appointed shall have and may exercise all the rights and powers of the Department with respect to the Bridge and all of the appropriate rights and powers of a receiver in equity.
Code 1935, c. 166;  45 Del. Laws, c. 275, §  4;  17 Del. C. 1953, §  322;
2023 Delaware Code › Title 17 - Highways › Chapter 3. THE DELAWARE MEMORIAL BRIDGE › § 324. Reduction or cessation of tolls.

§ 324. Reduction or cessation of tolls.
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.
Code 1935, c. 166;  45 Del. Laws, c. 275, §  6;  17 Del. C. 1953, §  324;
2023 Delaware Code › Title 17 - Highways › Chapter 3. THE DELAWARE MEMORIAL BRIDGE › § 325. Contributions.

§ 325. Contributions.
The Department, in addition to the moneys which may be received from the sale of revenue bonds and from the collection of tolls and other revenues derived under this chapter, may accept from any federal agency or other public or private body or from any other source grants for or in aid of the construction, maintenance or operation of the Bridge or the payment of the bonds and may receive and accept contributions from any source of either money or property or other things of value, to be held, used and applied only for the purposes for which such grants or contributions may be made.
Code 1935, c. 166;  45 Del. Laws, c. 275, §  7;  17 Del. C. 1953, §  325;
2023 Delaware Code › Title 17 - Highways › Chapter 3. THE DELAWARE MEMORIAL BRIDGE › § 326. Moneys as trust funds.

§ 326. Moneys as trust funds.
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.
Code 1935, c. 166;  45 Del. Laws, c. 275, §  8;  17 Del. C. 1953, §  326;
2023 Delaware Code › Title 17 - Highways › Chapter 3. THE DELAWARE MEMORIAL BRIDGE › § 327. Revenue refunding bonds.

§ 327. Revenue refunding bonds.
The Department may provide by resolution for the issuance of revenue refunding bonds of the State for the purpose of refunding any revenue bonds issued under this chapter or any prior law and then outstanding. The issuance of such revenue refunding bonds, the maturities and other details thereof, the rights of the holders thereof and the duties of the State and of the Department in respect to the same shall be governed by the foregoing provisions of this chapter insofar as the same may be applicable. No revenue refunding bonds shall be issued unless issued to refund revenue bonds which have matured or will mature within 3 months, or unless issued to refund revenue bonds which are redeemable within 3 months, and the interest rate of the revenue refunding bonds shall be at least one fourth of 1 percent less than the interest rate borne by the revenue bonds so refunded. If the revenue refunding bonds do not mature prior to the earliest date of maturity of the revenue bonds refunded and the principal amount of such revenue refunding bonds maturing in any year does not exceed the principal amount of revenue bonds so refunded which would have matured in such year, such revenue refunding bonds shall rank on a parity with the revenue bonds then outstanding, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the outstanding revenue bonds.
Code 1935, c. 166;  45 Del. Laws, c. 275, §  9;  17 Del. C. 1953, §  327;
2023 Delaware Code › Title 17 - Highways › Chapter 3. THE DELAWARE MEMORIAL BRIDGE › § 328. State covenant for control of Bridge.

§ 328. State covenant for control of Bridge.
The State covenants and agrees with the holders of any of the revenue bonds or other obligations issued by the Department under this chapter or any prior law for which there may be pledged the tolls, rents, rates or other revenues, or any part thereof, of the Bridge, that so long as any bonds or obligations remain outstanding and unpaid and unless and until adequate provision is made by law for the protection of the persons advancing money upon such obligations, the State will not diminish or impair the power of the Department or of any successor thereof to own, operate or control such Bridge and appurtenances or to establish, levy and collect tolls, rents, rates and other charges in connection therewith.
Code 1935, c. 166;  45 Del. Laws, c. 275, §  10;  17 Del. C. 1953, §  328;
2023 Delaware Code › Title 17 - Highways › Chapter 3. THE DELAWARE MEMORIAL BRIDGE › § 329. Pecuniary interest of member; penalty.

§ 329. Pecuniary interest of member; penalty.
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.
Code 1935, c. 166;  45 Del. Laws, c. 275, §  11;  17 Del. C. 1953, §  329;
2023 Delaware Code › Title 17 - Highways › Chapter 4. DELAWARE INTERSTATE HIGHWAY DIVISION › § 401. Definitions.

§ 401. Definitions.
As used in this chapter:
(1) “Crossing” shall include a bridge or bridges over the Delaware River or a tube or tubes under said River and all approaches thereto and approach highways and all other buildings or structures connected with any such bridge or tube and all equipment essential to the operation thereof and also all property rights, easements and franchises relating thereto and deemed necessary or convenient for the construction or operation thereof and may include any elevated or depressed highways connecting any such bridge or tube with a state road.
(2) “Department” means the Department of Transportation established under this title, or if said Department shall be abolished, any board, commission or officer succeeding to the principal functions thereof, or to whom the powers given by this chapter to said Department shall be given by law.
(3) “Revenues of the Division” means the proceeds of tolls, rates, rents and other charges for the use of toll crossings constructed by the Division under authority of this chapter, including, upon the satisfaction of the indenture and supplemental indentures securing the payment of all bonds issued prior to July 27, 1955, under the authority of 45 Del. Laws, c. 275, as provided by § 414 of this title, the proceeds of tolls, rates, rents and other charges for the use of the Delaware Memorial Bridge.
17 Del. C. 1953, §  401;  50 Del. Laws, c. 492, §  25;  57 Del. Laws, c. 671, §§  3A, 3B;  60 Del. Laws, c. 503, §  18;
2023 Delaware Code › Title 17 - Highways › Chapter 4. DELAWARE INTERSTATE HIGHWAY DIVISION › § 402. Purpose.

§ 402. Purpose.
Substantial and accumulated annual increases experienced in highway traffic for the United States as a whole and particularly for Delaware plus the concentration of interstate traffic flow through Delaware caused by the construction of the Delaware Memorial Bridge and the New Jersey Turnpike have forced upon the State the need for new construction and reconstruction of highway facilities out of all proportion to funds available to the State Highway Department. Presently scheduled express highway construction in the adjoining states of Maryland and Pennsylvania will very shortly bring to the boundaries of Delaware increased interstate traffic. To provide supplemental funds for certain highway construction and reconstruction, to provide for payment of a proportionate share of such highway construction and reconstruction costs by the interstate traffic which is producing the need for such added expenditures and to enable the State to discharge the obligations which this traffic has imposed upon it, the Delaware Memorial Bridge Division of the State Highway Department (originally created as the Delaware Crossing Division under authority of 47 Del. Laws, c. 193, which as amended and revised appears as Chapter 3 of this title) is reorganized and reconstituted within the Department of Transportation with the powers and duties specified in this chapter.
17 Del. C. 1953, §  402;  50 Del. Laws, c. 492, §  1;  57 Del. Laws, c. 671, §  3C;  60 Del. Laws, c. 503, §  18;
2023 Delaware Code › Title 17 - Highways › Chapter 4. DELAWARE INTERSTATE HIGHWAY DIVISION › § 403. Control, operation and revenues of Delaware Memorial Bridge and approaches vested in Department.

§ 403. Control, operation and revenues of Delaware Memorial Bridge and approaches vested in Department.
The control, operation, tolls and other revenues of the Delaware Memorial Bridge and its approaches, and all of the real and personal property appurtenant thereto or used in connection therewith, shall vest in the Department subject to the rights of the holders of outstanding Delaware Memorial Bridge Revenue Bonds of the State issued prior to July 27, 1955, under the authority of 45 Del. Laws, c. 275 as amended, and the State covenants that the control, operation, tolls and other revenues of said Delaware Memorial Bridge, its approaches and all real and personal property appurtenant thereto or used in connection therewith shall remain vested in the Department so long as said bonds or any bonds issued under the authority of this chapter shall remain outstanding and unpaid, or until all of the Delaware Memorial Bridge Revenue Bonds issued under authority of 45 Del. Laws, c. 275 as amended, have been paid in full or provision shall have been made for the payment thereof in the manner provided by the indenture between the Department and the Equitable Trust Company of Wilmington, Delaware, dated June 1, 1948, and the supplemental indentures between said Department and said Equitable Trust Company, dated June 1, 1951 and January 1, 1952, securing the payment of the Delaware Memorial Bridge Revenue Bonds now outstanding. The Delaware Memorial Bridge shall be operated and extensions and improvements made thereto and the tolls and revenue derived therefrom accounted for and applied in strict conformity with said indenture and supplemental indentures.
17 Del. C. 1953, §  404;  50 Del. Laws, c. 492, §  3;  57 Del. Laws, c. 671, §  3D;
2023 Delaware Code › Title 17 - Highways › Chapter 4. DELAWARE INTERSTATE HIGHWAY DIVISION › § 404. Contracts for maintenance of Delaware Memorial Bridge or repairs or improvements.

§ 404. Contracts for maintenance of Delaware Memorial Bridge or repairs or improvements.
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. 1953, §  405;  50 Del. Laws, c. 492, §  4;  57 Del. Laws, c. 671, §  3D;