Title 17 — Highways
19 chapters · 166 sections in this title.
17 Del. C. § 421. Contributions.
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§ 421. Contributions. The Department, in addition to the moneys which may be received from the sale of bonds and from the collection of tolls and other revenues derived under this chapter, shall have authority to accept from any federal agency or other public or private body, or …
17 Del. C. § 422. Moneys as trust funds.
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§ 422. Moneys as trust funds. All moneys received pursuant to this chapter, whether as proceeds from the sale of bonds or grants or other contributions, or as tolls and revenues, shall be deemed to be trust funds, to be held and applied solely as provided in this chapter. The Dep…
17 Del. C. § 423. State covenant for control of crossings.
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§ 423. State covenant for control of crossings. The State covenants and agrees with the holders of any of the bonds issued by the Department under this chapter, for which there may be pledged the revenues of the Department or any part thereof, that so long as said bonds or obliga…
17 Del. C. § 424. Pecuniary interest of member or employee; penalty.
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§ 424. Pecuniary interest of member or employee; penalty. Whoever, being a member or employee of the Department, is directly or indirectly pecuniarily interested in any contract or subcontract made in connection with the construction, improvement, repair, operation or maintenance…
17 Del. C. § 425. Penalty for nonpayment of toll.
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§ 425. Penalty for nonpayment of toll. Whoever uses or attempts to use any toll crossing operated or maintained by the Department without paying the toll at the rate then in force for such use, shall be fined not more than $100 or imprisoned not more than 30 days or both.17 Del. …
17 Del. C. § 426. Construction of chapter.
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§ 426. Construction of chapter. This chapter shall be liberally construed to carry its purposes into effect.17 Del. C. 1953, § 427; 50 Del. Laws, c. 492, § 26;
17 Del. C. § 501. Use of public road or bridge by railway.
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§ 501. Use of public road or bridge by railway. No public road or bridge shall be used or occupied by any electric or other railway without the consent of the Department being first obtained, and such operation shall be subject to such regulations and conditions as the Department…
17 Del. C. § 502. Closing of roads during repair.
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§ 502. Closing of roads during repair. (a) Whenever, in the judgment of the Department, it is necessary to close a road or a portion thereof which is being constructed, improved or repaired by the Department, upon the adoption of a resolution by the Department to the effect that …
17 Del. C. § 503. Nuisance; penalty.
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§ 503. Nuisance; penalty. Whoever encroaches upon, or obstructs or commits any nuisance in, a public road or wilfully obstructs or injures a public bridge shall be fined not less than $15 nor more than $50. In case of a continuing nuisance, the judge shall order the person to aba…
17 Del. C. § 504. Entry upon contiguous or adjacent lands or streams; assessment of damages; hindering or obstructing work; penalty.
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§ 504. Entry upon contiguous or adjacent lands or streams; assessment of damages; hindering or obstructing work; penalty. (a) In order to obtain the free passage of water for drainage of any road or causeway under its jurisdiction, the Department or its agents may enter upon any …
17 Del. C. § 505. Selling of nonuniform traffic-control devices; penalty.
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§ 505. Selling of nonuniform traffic-control devices; penalty. Whoever sells or offers for sale for use on any public highway in this State any traffic-control device which does not conform to the Delaware Manual on Uniform Traffic-Control Devices for Division of Highways shall b…
17 Del. C. § 506. Maintenance priority of roads used for school buses or mail routes.
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§ 506. Maintenance priority of roads used for school buses or mail routes. All roads under the jurisdiction of the Department over which school buses and mail routes are established shall have first consideration in the expenditure of state road funds for the purpose of making an…
17 Del. C. § 507. Coordinating new development with local transportation improvements.
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§ 507. Coordinating new development with local transportation improvements. (a) Legislative findings. — (1) Under Chapters 1 and 5 of this title, the Department of Transportation reviews and approves entrance design and internal transportation network requirements for new and exi…
17 Del. C. § 508. Dedication of new roads and streets for state maintenance; approval required; security.
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§ 508. Dedication of new roads and streets for state maintenance; approval required; security. (a) (1) As used in this section, “developer” means the owner of real property on which residential or commercial development is occurring, or the person actually engaged in the developm…
17 Del. C. § 509. Highways deemed public roads.
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§ 509. Highways deemed public roads. All public roads, causeways and bridges laid out as such, or made by lawful authority, or which have been used as such and maintained at the public charge for 20 years or more are declared to be common highways. The usage by the public for 20 …
17 Del. C. § 510. Speed limit and weight limits on structure.
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§ 510. Speed limit and weight limits on structure. (a) The Department may conduct an investigation of any public or private bridge, causeway, viaduct or other elevated structure which crosses any public highway regardless of the owner or the owners of said bridge, causeway, viadu…
17 Del. C. § 511. Injury to roads and bridges; double damages; jurisdiction of courts; procedure and appeal.
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§ 511. Injury to roads and bridges; double damages; jurisdiction of courts; procedure and appeal. (a) Whoever negligently or wilfully injures or damages any public road, bridge or drain, or any gate, light or other appurtenance maintained and used for the convenience or safety of…
17 Del. C. § 512. Injury to roads, bridges, etc.; penalty.
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§ 512. Injury to roads, bridges, etc.; penalty. Whoever wilfully damages or injures any public road, bridge, drain, light, gate or other appurtenance used and maintained for the safety or convenience of the traveling public shall be fined not more than $500. However, if the damag…
17 Del. C. § 513. Trimming of hedges and removal of trimmings; penalty.
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§ 513. Trimming of hedges and removal of trimmings; penalty. All hedges growing along any of the public roads in this State shall be trimmed at least once in every year to a height of not more than 41/2 feet, and the owner, tenant or occupant of any land upon which such hedge is …
17 Del. C. § 514. Glass or injurious obstruction on public highways; penalty [Repealed].
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§ 514. Glass or injurious obstruction on public highways; penalty [Repealed]. Repealed by 60 Del. Laws, c. 701, § 5, effective Aug. 5, 1976.
17 Del. C. § 515. Maintenance of unfenced junkyards within certain distance of highways; penalty.
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§ 515. Maintenance of unfenced junkyards within certain distance of highways; penalty. (a) No person shall place, store or permit the placing or storage of abandoned or scrapped automobiles, or automobiles that have been junked, or maintain or keep any yard where scrapped, abando…
17 Del. C. § 516. Creation or maintenance of nuisance within certain limits.
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§ 516. Creation or maintenance of nuisance within certain limits. (a) No person shall create, erect, maintain or continue a nuisance, as defined in subsection (b) of this section, within 200 feet of either side of the right-of-way of any public highway entering into the City of W…
17 Del. C. § 517. Boulevard corporations.
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§ 517. Boulevard corporations. Article 10, Chapter 65 of the Revised Code of Delaware 1935 shall continue in full force and effect as to boulevard corporations established according to law and existing at the time of the effective date of this Code.17 Del. C. 1953, § 517;
17 Del. C. § 518. Trash within a certain distance of the highway; penalty.
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§ 518. Trash within a certain distance of the highway; penalty. (a) No person shall throw, deposit or place any trash, rubbish or garbage within 100 feet of any public highway in this State. (b) Whoever violates this section shall be punished as follows: The court shall order the…
17 Del. C. § 519. William J. Winchester Bridge.
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§ 519. William J. Winchester Bridge. The Department of Transportation is hereby directed to name the bridge which crosses the Christina River at Third Street in the City of Wilmington the “William J. Winchester Bridge.”62 Del. Laws, c. 54, § 1;
17 Del. C. § 520. Injury to trees, shrubs, and landscaping.
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§ 520. Injury to trees, shrubs, and landscaping. (a) Whoever negligently, wilfully or maliciously injures or damages trees, shrubs or other landscaping under the jurisdiction and control of the Department shall forfeit and pay treble damages therefor. The damages shall be compute…
17 Del. C. § 521. Snow removal in nonmunicipal residential communities.
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§ 521. Snow removal in nonmunicipal residential communities. (a) For purposes of this section: (1) “Department” means the Department of Transportation. (2) “Feeder road” means a road that serves more than a single residential development or community as a primary entry way. These…
17 Del. C. § 522 , 523. [Reserved.]
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§§ 522, 523. [Reserved.]
17 Del. C. § 524. Removal of nonofficial signs from utility poles within state rights-of-way.
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§ 524. Removal of nonofficial signs from utility poles within state rights-of-way. (a) Legislative findings. — The General Assembly finds that persons and firms post nonofficial signs on utility poles without prior authorization from the pole owner. Placing such signs on these po…
17 Del. C. § 525. Maintenance of clear zones within rights-of-way.
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§ 525. Maintenance of clear zones within rights-of-way. (a) The Department is authorized to maintain clear zones within the rights-of-way under its jurisdiction in the unincorporated areas of the State. In maintaining these clear zones, the Department shall have the immediate aut…
17 Del. C. § 526. Restrictions against commercial use of State rights-of-way; site-based enforcement mechanisms.
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§ 526. Restrictions against commercial use of State rights-of-way; site-based enforcement mechanisms. (a) Except as provided in subsection (b) of this section, there shall be no commercial activity within any rights-of-way under the Department’s jurisdiction in the unincorporated…
17 Del. C. § 527. Coordination with other statutes.
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§ 527. Coordination with other statutes. In the event of a conflict between §§ 525 and 526 of this title and Chapter 11 of this title, §§ 525 and 526 shall take precedence.71 Del. Laws, c. 318, § 7;
17 Del. C. § 528. Restrictions against vehicle sales activities on State rights-of-way.
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§ 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 de…
17 Del. C. § 529. Inspection requirements for bridge owners.
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§ 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 c…
17 Del. C. § 530. Dedication of right-of-way adjacent to a state highway.
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§ 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 …
17 Del. C. § 531. Connections to roads within restricted age communities.
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§ 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 rig…
17 Del. C. § 532. Memorial signage.
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§ 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…
17 Del. C. § 533. Establishment of Department ownership of abandoned land encumbered by Department right-of-way easements.
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§ 533. Establishment of Department ownership of abandoned land encumbered by Department right-of-way easements. (a) Any land encumbered by a permanent easement for right-of-way purposes may be deemed to be owned in fee simple, by the Department, in the name of the State, when suc…
17 Del. C. § 601-622. Finding and declarations of legislative intent; definitions; Delaware Turnpike; John F. Kennedy Memorial Highway; Turnpike Division; preliminary expenses; general grant of powers; incidental powers; State highways and bridges; revenues; exemption from taxation; maintenance and operation of Turnpike; damage to private property; lease, loan or grant of municipal real property; arrest for nonpayment of tolls; annual report; unclaimed property; Turnpike revenue bonds; Turnpike revenue refunding bonds; credit of State not pledged; trust agreement; bonds eligible for investment; trust funds; remedies of bondholders and trustees; transfer to State; construction; territorial limitation of authority [Repealed].
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§§ 601-622. Finding and declarations of legislative intent; definitions; Delaware Turnpike; John F. Kennedy Memorial Highway; Turnpike Division; preliminary expenses; general grant of powers; incidental powers; State highways and bridges; revenues; exemption from taxation; mainte…
17 Del. C. § 701. Whistles at public highway crossings; blocking of crossings; penalty; jurisdiction.
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§ 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 b…
17 Del. C. § 702. Elimination of grade crossings; ascertainment of damages to owners.
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§ 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 prope…
17 Del. C. § 703. Crossing by state highways with watercourses or railroads.
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§ 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 rai…
17 Del. C. § 704. Abandonment of roads crossing railroad at grade; relocation of roads; character of construction.
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§ 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 par…
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. § 707-711. [Reserved].
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§§ 707-711. [Reserved].
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, …
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…