Title 17, Highways

§ 131. General jurisdiction. (a) All the public roads, causeways, highways and bridges in this State which have been or may hereafter be constructed, acquired or accepted by the Department of Transportation shall be under the absolute care, management and control of the Departmen…

§ 132. General powers and duties. (a) The Department shall acquire full information concerning the roads of this State, the nature and improvement thereof, the needs thereof and the character and amount of traffic thereon and such other details as may be necessary or desirable fo…

§ 133. Road improvements; additions to state system. With respect to roads or portions thereof, the Department shall determine which if any, shall be improved and which, if any, shall be added to the state highway system.29 Del. Laws, c. 63; 34 Del. Laws, c. 81; Code 1935, § 5724…

§ 134. Authority in incorporated towns and cities; construction and maintenance of highways; local authority. (a) The Department shall have no power, authority or jurisdiction of the streets of any incorporated city or town, except as otherwise provided in this section, unless su…

§ 135. Authority to construct dual and express highways. (a) The Department may divide or separate any state highway into separate roadways wherever there is particular danger to the travelling public of collision between vehicles proceeding in opposite directions or from cross t…

§ 135A. Authority to construct low-speed local streets and local roads. (a) The Department may plan, designate, construct, operate, and maintain low-speed local streets or roads to improve safety in accordance with a safe system approach by implementing proven safety countermeasu…

§ 136. Improvements of roads leading to institutions. The Department may widen, straighten, grade, reconstruct and otherwise improve and maintain any road, lane or entrance leading from any public road to any institution which is owned or controlled in whole or in part by the Sta…

§ 137. Acquisition and sale of real property. (a) (1) The Department, in the name of the State, is authorized by law to acquire property and property rights, including rights to access, air, view, and light, for the purposes set forth in this section and within its jurisdiction. …

§ 138. Acquisition of uneconomic remnants of land along right-of-way. In addition to the powers now vested in the Department for the acquisition of lands or rights therein by virtue of any statute, the Department may, in its discretion, acquire by gift, devise, purchase or in the…

§ 139. Notice to landowners; written claim for damages. After the Department has determined upon the road or roads which shall be maintained as state highways, it shall cause notice thereof to be sent by mail, a record of which shall be preserved, to all persons owning property a…

§ 140. Educational and safety campaigns. (a) The Department may conduct throughout the State an educational campaign on street and highway safety. (b) Such campaign shall be conducted by the Department in the manner which it deems most beneficial to accomplish the purpose thereof…

§ 141. Regulation of traffic; exceptions. (a) The Department shall have jurisdiction and control of all state highways of this State outside of the limits of incorporated cities and towns for the purpose of regulating traffic and for the use and operation of all vehicles thereove…

§ 142. Automobile for use of Governor. The Department shall provide an automobile to the Governor of the State, suitable and befitting the office of Governor, for the use of the Governor. The Department shall provide a new automobile for such use during each biennium beginning wi…

§ 143. Expenses of alteration or relocation of facilities or structures of public utilities. (a) As used in this section: (1) “Facility” includes, but is not limited to, structures and appliances and their appurtenances, poles, wires, conductors, transformers, substations, manhol…

§ 144. Millsboro Pond Dam; construction and maintenance. The Department may construct, reconstruct, maintain and repair a dam across the Millsboro Pond at the site of a presently existing dam adjacent to the Indian River.17 Del. C. 1953, § 146; 53 Del. Laws, c. 338, § 1;

§ 145. Corridor capacity preservation. (a) Application. — This section is applicable only to transportation routes categorized as corridor capacity preservation projects as described herein. (b) Definitions. — As used in this section: (1) “Comprehensive development plan” means a …

§ 146. Access to state-maintained highways. (a) (1) Subject to paragraph (a)(2) of this section, the Department shall adopt standards, regulations, and fees for the location, design, construction, reconstruction, maintenance, use, and control of vehicular and pedestrian access to…

§ 147. Authority to establish standards for traffic-control devices. (a) The Department shall adopt a uniform standard for each type of traffic-control device to be used on all highways open to the public in this State. Such standard shall correlate with, and so far as practical,…

§ 148. Trust fund. All moneys received pursuant to this title as proceeds from the sale, lease or rental of land with or without improvements, regardless of the source of funding for the original purchase of the aforesaid land or improvements, shall be credited to a special fund …

§ 149. Authority to adopt regulations governing state land. (a) The Department shall have the authority to adopt rules, regulations or restrictions governing the use of or the conduct on those lands owned, controlled or in the custody of the Department. Such rules, regulations or…

§ 150. Lead paint on outdoor structures. All provisions of this title must comply with Chapter 30M of Title 16.81 Del. Laws, c. 396, § 6;

§ 150A. Utilities Coordination Council. The General Assembly creates a permanent Utilities Coordination Council. (1) The council shall consist of the following members, or a designee appointed by the member serving by virtue of position: a. A Representative appointed by the Speak…

§ 151. Procedure for procurement of materials, equipment or supplies and award of contracts for performance of work. The Department shall not purchase any materials, equipment or supplies, nor enter into any contract for the performance of any work except in accordance with Chapt…

§ 152. Supervision by Secretary of Transportation. The execution and performance of all contracts awarded by the Department shall be under the charge of the Secretary of Transportation, and the Secretary’s decision shall be final in all matters concerning the performance of the w…

§ 153. Border crossing agreements. (a) The General Assembly finds as follows: (1) There are over 150 locations at which public roads cross Delaware’s border with either Maryland or Pennsylvania. (2) Several of these roads include portions that cross into Maryland or Pennsylvania …

§ 171. Declaration of policy. The General Assembly finds, determines and declares that this subchapter is necessary for the immediate preservation of the public peace, health and safety and for the promotion of the general welfare.17 Del. C. 1953, § 171; 50 Del. Laws, c. 603, § 1…

§ 172. Definition of a controlled-access facility. For the purposes of this subchapter, a controlled-access facility is defined as a highway especially designed for through motor vehicle traffic, and over, from or to which owners or occupants of abutting land or other persons hav…

§ 173. Authority to establish controlled-access facilities. The Department, acting alone or in cooperation with any other governmental agency or political subdivision of this State or with any federal, state or local agency of any other state having authority to participate in th…

§ 174. Design of controlled-access facility. The Department may so design any controlled-access facility and so regulate, restrict or prohibit access as to best serve the traffic for which such facility is intended. In this connection the Department may divide and separate any co…

§ 175. Acquisition of property and property rights. For the purpose of this subchapter, the Department may acquire private or public property and property rights for controlled-access facilities and service roads, including rights of access, air, view and light, by gift, devise, …

§ 176. New and existing facilities; grade-crossing eliminations. The Department may designate and establish controlled-access highways as new and additional facilities or may designate and establish an existing highway as a controlled-access facility. The State or any of its subd…

§ 177. Authority of local units to consent. The Department may enter into agreements with other states, counties, towns or with the federal government respecting financing, planning, establishment, improvement, maintenance, use, regulation or vacation of controlled-access facilit…

§ 178. Local service roads. In connection with the development of any controlled-access facility, the Department may plan, designate, establish, use, regulate, alter, improve, maintain and vacate local service roads and streets or may designate as local service roads and streets …

§ 179. Restrictions on use of controlled-access facilities. The Department may prohibit the use of specific classes of motor-driven vehicles or of other vehicles on controlled-access highways either all the time or during such times as necessary for safety. Notice of such prohibi…

§ 180. Certain commercial establishment prohibited. No automotive service station or other commercial establishment for serving motor vehicle users, except telephone facilities, shall be constructed or located within the right-of-way of, or on publicly owned or publicly leased la…

§ 190. Statement of intent. The General Assembly finds that certain portions of the state highway system are notable for their scenic, historic, recreational, cultural or archaeological value and worthy of designation as Delaware byways to provide special consideration of their u…

§ 191. Delaware Byways Program. The Secretary shall establish within the Department a program to be known as the Delaware Byways Program (hereinafter referred to as “byways program,” or “program”) to encourage and coordinate state actions and the activities of others which relate…

§ 192. Regulations. The Secretary is authorized to promulgate such regulations as may be necessary or desirable to implement the Delaware Byways program, consistent with departmental policy and this subchapter. Such regulations may also: (1) Encourage counties, towns and municipa…

§ 193. Delaware Byway Advisory Board [Repealed].72 Del. Laws, c. 444, § 2; 77 Del. Laws, c. 367, § 21; 81 Del. Laws, c. 49, § 15; 81 Del. Laws, c. 374, § 44; repealed by 84 Del. Laws, c. 87, § 1, effective June 30, 2023.;

§ 194. Outdoor advertising exemptions. (a) Nothing in this subchapter shall authorize any removal or restriction on outdoor advertising erected or approved by the appropriate governmental authority to be erected before July 18, 2000. (b) Outdoor advertising signs, displays, and d…

§ 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 ben…

§ 202. Definitions. For the purposes of this subchapter: (1) “An acre of trees” means a contiguous acre of land on which there are situated at least 50 trees or woody plants with a trunk measuring at least 4 inches in diameter at 4 feet above the ground. Partial acres and individ…

§ 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 co…

§ 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…

§ 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 re…

§ 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, an…