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Delaware Statutes, Title 17

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Delaware/Statutes

← All Delaware coverage

Title 17, Highways

19 chapters · 275 sections in this title.

All chapters in Title 17275 Ch 1, GENERAL PROVISIONS59 Ch 5, Highways, Roads and Bridges Generally31 Ch 3, The Delaware Memorial Bridge29 Ch 4, Delaware Interstate Highway Division26 Ch 11, REGULATION OF OUTDOOR ADVERTISING23 Ch 17, DELAWARE-NEW JERSEY COMPACT22 Ch 16, Advanced Wireless Infrastructure Inv…14 Ch 13, Vacating Public Roads and Bridges13 Ch 12, Regulation of Junkyards12 Ch 10, BIKEWAYS AND SAFE ROUTES TO SCHOOL8 Ch 20, Permitting of Renewable Energy Inter…7 Ch 7, Railroad Crossings Over Highways6 Ch 18, Delaware River and Bay Authority6 Ch 8, Highway Construction Payments5

275 sections·Filtered byTitle 17✕

17 Del. C. § 705. Safety devices [Repealed].
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§ 705. Safety devices [Repealed]. Repealed by 59 Del. Laws, c. 393, § 1, effective June 28, 1974.
17 Del. C. § 706. Regulation of maintenance of railroad property.
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§ 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 publi…
17 Del. C. § 801. Definitions.
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§ 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 employ…
17 Del. C. § 802. Payments to contractor impressed with trust.
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§ 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, …

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17 Del. C. § 803. Use or application of money received by contractor.

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§ 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…

17 Del. C. § 804. Contractor’s failure to use or apply money in accordance with § 803 of this title.

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§ 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 fu…

17 Del. C. § 805. Penalties.

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§ 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 pr…

17 Del. C. § 901. Department of Transportation to drain certain lands along highways.

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§ 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 cons…

17 Del. C. § 902. Construction of ditches along certain highways.

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§ 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 constructio…

17 Del. C. § 903. Drainage of flooded highway.

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§ 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 …

17 Del. C. § 904. Agreements with ditch companies for drainage purposes.

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§ 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…

17 Del. C. § 1001. Authority for establishment of bikeways.

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§ 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 nonmoto…

17 Del. C. § 1002. Bikeway routes.

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§ 1002. Bikeway routes. Bikeway routes shall be clearly marked with appropriate signs to guide cyclists and to alert motorists. Such signs shall be placed at intervals and designed in such form as prescribed by the Department.59 Del. Laws, c. 481, § 1; 73 Del. Laws, c. 435, § 1;

17 Del. C. § 1003. Cooperation with other governmental agencies.

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§ 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 planni…

17 Del. C. § 1004. Power to acquire real property.

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§ 1004. Power to acquire real property. In order to establish a system of bikeways within this State, the Department may acquire real property by gift, devise or purchase. Title to such lands shall be in the name of the State.59 Del. Laws, c. 481, § 1; 73 Del. Laws, c. 435, § 1;

17 Del. C. § 1005. Bikeway planning.

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§ 1005. Bikeway planning. The Department shall maintain a planning activity concerned with the near and long-term development of bikeways within the State.59 Del. Laws, c. 481, § 1; 73 Del. Laws, c. 435, § 1;

17 Del. C. § 1006. Bicycle access to highways.

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§ 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 specif…

17 Del. C. § 1021. Declaration of purpose.

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§ 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-highw…

17 Del. C. § 1022. Safe Routes to School Program; establishment; grants; regulations.

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§ 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 t…

17 Del. C. § 1101. Purpose and policy.

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§ 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, munic…

17 Del. C. § 1102. Scope and definitions.

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§ 1102. Scope and definitions. (a) The powers and authority granted in this chapter are in derogation of no other powers or authority granted by or created by or exercised under any other statute, or by a planning or zoning board or authority, or other public officer, but shall b…

17 Del. C. § 1103. Enforcement of chapter; rules and regulations; examinations; territorial limitations.

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§ 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 d…

17 Del. C. § 1104. Application and issuance of permits; revocation.

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§ 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, with…

17 Del. C. § 1105. Advertising identification.

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§ 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 maint…

17 Del. C. § 1106. Removal upon expiration or revocation of permit.

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§ 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…

17 Del. C. § 1107. Unlawful to remove or damage road markers, etc., or place advertising on highways.

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§ 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…

17 Del. C. § 1108. Location and condition of advertising regulated.

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§ 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…

17 Del. C. § 1109. Forbidden advertising.

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§ 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…

17 Del. C. § 1110. Delaware Byways Program.

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§ 1110. Delaware Byways Program. In order to provide criteria for the size, spacing and lighting of signs which effectively control the erection of outdoor advertising signs, displays and devices erected subsequent to July 14, 1969, other than those advertising the sale or lease …

17 Del. C. § 1111. Public nuisance; abatement.

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§ 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, oblit…

17 Del. C. § 1112. Injunctive relief.

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§ 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.…

17 Del. C. § 1113. Penalties.

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§ 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 sepa…

17 Del. C. § 1114. Signs excepted from provisions of this subchapter.

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§ 1114. Signs excepted from provisions of this subchapter. The classes of signs described below are excepted from all provisions of this subchapter other than the provisions of § 1103(a)(2) insofar as those provisions may be implemented by regulations controlling and restricting …

17 Del. C. § 1120. Severability.

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§ 1120. Severability. If any exception, section, part, phrase, or provision of this chapter or the application thereof be held invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the exception, section, part, phrase, provision, or a…

17 Del. C. § 1121. Limitations of outdoor advertising in controlled areas.

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§ 1121. Limitations of outdoor advertising in controlled areas. Subject to § 1122 of this title, no outdoor advertising sign, display or device, any part of the advertising, informative or attention attracting contents of which is visible from the main traveled way of a highway o…

17 Del. C. § 1122. Removal of nonconforming advertising; fair compensation.

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§ 1122. Removal of nonconforming advertising; fair compensation. (a) Just compensation shall be paid upon the removal of the following outdoor advertising signs, displays and devices: (1) Those lawfully in existence on July 14, 1969; (2) Those lawfully on any highway made a part …

17 Del. C. § 1123. Advertising in rest areas.

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§ 1123. Advertising in rest areas. In order to provide information in the specific interest of the traveling public, the Department is authorized to maintain maps and to permit informational directories and advertising pamphlets to be made available at rest areas and to establish…

17 Del. C. § 1124. Signs, displays and devices providing information for the traveling public; location.

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§ 1124. Signs, displays and devices providing information for the traveling public; location. Signs, displays and devices giving specific information in the interest of the traveling public may be erected and maintained, pursuant to agreement between the Department and the Secret…

17 Del. C. § 1125. Agreements with federal government or agencies.

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§ 1125. Agreements with federal government or agencies. The Department may enter into agreements, consistent with this chapter, with the Secretary of Transportation of the United States relating to the control of outdoor advertising in controlled areas and take action in the name…

17 Del. C. § 1126. Relationship of subchapter to other provisions of chapter.

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§ 1126. Relationship of subchapter to other provisions of chapter. The provisions of this subchapter relating to the regulation of outdoor advertising in controlled areas are in addition to, and not in lieu of, subchapter I of this chapter.61 Del. Laws, c. 262, § 24;

17 Del. C. § 1131. Limitations of outdoor advertising along limited access, state toll roads.

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§ 1131. Limitations of outdoor advertising along limited access, state toll roads. The provisions of subchapter II of this chapter shall be applicable to any limited access, state toll road in this State.68 Del. Laws, c. 417, § 1;

17 Del. C. § 1132. Sign limitations on state toll highways.

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§ 1132. Sign limitations on state toll highways. (a) Notwithstanding any other provisions of this Code to the contrary, variable message signs (VMS) may not be erected or placed, facing in the same direction of travel, and directed toward and able to be read by travelers along st…

17 Del. C. § 1201. Purposes.

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§ 1201. Purposes. The establishment, operation and maintenance of junkyards in areas adjacent to the public highways of this State should be controlled in order to promote the safety and recreational value of public travel, to protect the public investment in public highways and …

17 Del. C. § 1202. Scope and definitions.

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§ 1202. Scope and definitions. (a) The powers and authority granted in this chapter are in derogation of no other powers or authority granted or created or exercised under any other statute, by a planning or zoning board or authority or other public officer, but shall be construe…

17 Del. C. § 1203. Enforcement of chapter; rules and regulations; examinations; application of chapter.

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§ 1203. Enforcement of chapter; rules and regulations; examinations; application of chapter. (a) The Department shall: (1) Enforce this chapter; and (2) Make, publish and enforce such regulations governing the establishment, maintenance and operation of junkyards as may be necess…

17 Del. C. § 1204. Application and issuance of licenses.

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§ 1204. Application and issuance of licenses. (a) No person, whether or not engaged in the junk business, shall establish, operate or maintain a junkyard within the jurisdiction of the Department under this chapter any portion of which is within 1,000 feet of the nearest edge of …

17 Del. C. § 1205. Restrictions as to locations.

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§ 1205. Restrictions as to locations. (a) No license shall be granted for the establishment, maintenance or operation of a junkyard any portion of which is within a controlled area except the following: (1) Junkyards which are lawfully in existence on the effective date of this c…

17 Del. C. § 1206. Screening, relocation, removal or disposal of lawfully preexisting junkyards.

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§ 1206. Screening, relocation, removal or disposal of lawfully preexisting junkyards. Any junkyard lawfully in existence on the effective date of this chapter any portion of which is within a controlled area and which is not in any of the classes specified in § 1205(a)(2), (3) an…

17 Del. C. § 1207. Compensation to owners on relocation, removal or disposal of their facilities.

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§ 1207. Compensation to owners on relocation, removal or disposal of their facilities. Just compensation shall be paid by the Department to the owners of junkyards in controlled areas which must be relocated, removed or disposed of pursuant to this chapter and which fall into the…

17 Del. C. § 1208. Acquisition of real property interest to effectuate screening, relocation, etc.

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§ 1208. Acquisition of real property interest to effectuate screening, relocation, etc. The Department may acquire by gift, purchase or the power of eminent domain, such interest in real property as may be necessary to secure the screening, relocation, removal or disposal of junk…