The rapid growth in the use of motor vehicles throughout this State and the concurrent extension of highways built or improved
at public expense has lead to great changes in the extent and character of public travel. The investment of this State, municipalities
and towns in good roads, parks, parkways, playgrounds and reservations, and the safety, convenience and welfare of the inhabitants
have been affected.
The regulation and control of outdoor advertising signs, displays and devices of all kinds is provided for in order to promote
the general welfare, especially in the particulars hereinafter recited.
The people of this State would suffer economically if the State failed to participate fully in the allocation and apportionment
of federal-aid highway funds since a reduction in federal-aid highway funds would necessitate increased taxation to support
and maintain the state road program and system. It is, consequently, the intention of this chapter, among other things, to
provide a statutory basis for regulation of outdoor advertising consistent with the public policy relating to areas adjacent
to federal-aid interstate and primary systems declared by the Congress of the United States in Title 23, United States Code.
42 Del. Laws, c. 182, § 1; 17 Del. C. 1953, § 1101; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276.;
§ 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
be construed as in addition to any such power or authority, which shall remain unaffected.
(b) As used in this chapter:
(1) "Commercial or industrial activities for purposes of unzoned commercial and industrial areas" means those activities generally
recognized as commercial or industrial by zoning authorities in this State, except that none of the following activities shall
be considered commercial or industrial:
a. Outdoor advertising structures;
b. Forestry, ranching, grazing and farming including, but not limited to, wayside fresh produce stands;
c. Transient or temporary activities;
d. Activities more than 600 feet from the nearest edge of the right-of-way along the interstate and federal-aid primary route;
e. Activities conducted in buildings principally used as a residence;
f. Railroad tracks and minor sidings;
g. Activities not visible from the main traveled way.
(2) "Controlled areas" means and includes any area inside the boundaries of this State which is adjacent to the right-of-way
of a highway of the interstate or primary systems, except that areas beyond 660 feet of the right-of-way inside urban areas
shall be excluded from this chapter.
(3) "Department" means the Department of Transportation.
(4) "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any way bring into
being or establish, but it shall not include any of the foregoing activities when performed as an incident to the change of
advertising message or customary maintenance of a sign or sign structure.
(5) "Information center" means an area or site established and maintained at a rest area for the purpose of informing the
public of places of interest within the State and providing such other information as the Department may consider desirable.
(6) "Interstate system" means that portion of the national system of interstate and defense highways located within this State,
as officially designated, or as may hereafter be so designated, by the Department and approved by the Secretary of Transportation
of the United States, pursuant to Title 23, United States Code, "Highways."
(7) The "laws of this State" shall include a provision of the Constitution or statutes of the State, or an ordinance, rule
or regulation enacted or adopted by an agency or political subdivision of this State pursuant to the Constitution or statutes.
(8) "Maintain" means to allow to exist in accordance with state law.
(9) "Outdoor advertising" or "outdoor advertising signs, displays and devices" shall include any outdoor sign, display, device,
picture, emblem, trademark, figure, painting, drawing, message, placard, poster, billboard, light or other thing which is
designed, intended or used to advertise, to inform or to attract the attention of the traveling public, which is within 660
feet and visible or beyond 660 feet and visible and erected with the purpose of being read from the main traveled way of any
state highway.
(10) "Primary system" means that portion of connected main highways of this State officially designated as such, or as may
hereafter be designated as such, by the Department and approved by the Secretary of Transportation of the United States, pursuant
to Title 23, United States Code, "Highways."
(11) "Rest area" means an area or site established and maintained within or adjacent to the right-of-way by or under public
supervision or control, for the convenience of the traveling public.
(12) "Unzoned commercial or industrial areas" means those areas not zoned by any state, county or local ordinance or regulation
on which there are located 1 or more permanent structures devoted to a business or industrial activity or on which a commercial
or industrial activity is actually conducted, whether or not a permanent structure is located thereon, and the area along
the highway extending outward 800 feet from and beyond the edge of such activity. Each side of the highway will be considered
separately in applying this definition. All measurements shall be from the outer edges of the regularly used buildings, parking
lots, storage or processing areas of the commercial or industrial activities, not from the property lines of the activities,
and shall be along or parallel to the edge of the pavement of the highway.
(13) "Urban areas" means and includes those areas designated as such by the Bureau of the Census and whose boundaries have
been approved by the Secretary of the United States Department of Transportation.
(14) "Visible" means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity.
(15) "Zoned commercial or industrial areas" means those areas which are zoned for business, industry, commerce or trade pursuant
to a state or local zoning ordinance or regulation, except that those areas beyond 660 feet outside urban areas shall not
be recognized as commercial, industrial, unzoned commercial or unzoned industrial in the application of this chapter.
42 Del. Laws, c. 182, § 1; 17 Del. C. 1953, § 1102; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276; 57 Del. Laws, c. 633, §§ 1, 2; 60 Del. Laws, c. 290, § 1; 61 Del. Laws, c. 262, §§ 1-6.;
§ 1103. Enforcement of chapter; rules and regulations; examinations; territorial limitations.
(a) The Department shall:
(1) Enforce this chapter; and
(2) Make, publish and enforce such regulations for the proper control and restriction of outdoor advertising signs, displays
and devices as may be necessary or advisable to implement the policy and accomplish the purposes of this chapter.
(b) All employees of the Department, or any peace officer of this State, when so directed by the Department or its officers,
may enter into and upon any land or building to make any examination or survey which the Department deems necessary to the
effective administration of this chapter or to enforce this chapter.
(c) This chapter shall apply only to outdoor advertising signs, displays and devices situate outside the corporate limits
of any incorporated city or town in this State and to those outdoor advertising signs, displays and devices situate in controlled
areas within such corporate limits.
42 Del. Laws, c. 182, §§ 2, 14; 17 Del. C. 1953, § 1103; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276; 57 Del. Laws, c. 633, § 7; 61 Del. Laws, c. 262, § 7.;
§ 1104. Application and issuance of permits; revocation.
(a) Except as otherwise provided, no person, whether engaged in the business of outdoor advertising or not, shall erect, maintain
or display any outdoor advertising sign, display or device, above or upon real property, without first obtaining a permit
from the Department.
(b) A separate application for a permit shall be made for each separate outdoor advertising sign, display or device on a form
furnished by the Department, which application shall contain such information as it may require. For the purpose of this subsection,
each single sign panel or face shall be interpreted as constituting an outdoor advertising sign, display or device. Each application
shall be accompanied by the written consent of the owner or tenant of the real property upon which such sign, display or device
is to be erected or maintained. No new application shall be made for a permit to maintain any existing outdoor advertising
sign, display or device or to renew a permit.
(c) The Department, in accordance with this chapter, shall issue or renew permits for a period of at least 1 year for the
erection and maintenance of all types of outdoor advertising signs, displays and devices; provided, however, that all new
permits issued shall expire at the next regular renewal period established by the Department. No permit shall be issued for
the erection or construction of any sign which would be in violation of local law or ordinance at the time application is
filed.
(d) The Department may establish and collect fees for the issuance of permits and renewals thereof. The amount of such charge
shall be so fixed as to provide the Department with the funds deemed necessary by it to defray the costs of the administration
of this chapter.
(e) When an application for a permit or for a renewal thereof is made by a nonresident or by a foreign corporation engaged
in the business of outdoor advertising, the Department, at its discretion, as a condition to the issuance of such permit or
renewal, may require such corporation to deposit with the Department a bond, in an amount and with surety to be approved by
the Department, to secure such corporation's compliance with this chapter.
(f) All sign permits issued under this section shall terminate and become void if the sign structure for which the permit
is issued is not under construction within 6 months and is not fully constructed in full compliance with the terms of this
chapter within 1 year after its issuance. Under no circumstances shall there be any refund of a permit fee which has become
void.
42 Del. Laws, c. 182, § 3; 17 Del. C. 1953, § 1104; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276; 57 Del. Laws, c. 633, §§ 8, 9; 61 Del. Laws, c. 262, §§ 8-10.;
§ 1105. Advertising identification.
The Department shall require that each outdoor advertising sign, display or device shall bear an identifying tag or plate
to be issued by the Department, and, upon erection shall bear the name of the party responsible for the erection and maintenance
of the sign and the Department shall make provisions for the details thereof.
42 Del. Laws, c. 182, § 4; 17 Del. C. 1953, § 1105; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276; 60 Del. Laws, c. 290, § 3; 61 Del. Laws, c. 262, § 11.;
§ 1106. Removal upon expiration or revocation of permit.
All outdoor advertising signs, displays and devices shall be removed by the outdoor advertiser or other person erecting, owning,
maintaining or displaying the same, or, in the event of that person's default, by the owner or tenant of the premises upon
which any such sign, display or device is located, within 30 days from the date of the expiration or revocation of the permit
for the same.
42 Del. Laws, c. 182, § 5; 17 Del. C. 1953, § 1106; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276; 70 Del. Laws, c. 186, § 1.;
§ 1107. Unlawful to remove or damage road markers, etc., or place advertising on highways.
(a) No person shall willfully or maliciously displace, remove, destroy or injure a mileboard, milestone, danger sign or signal,
guide sign or guide post or any inscription thereon, lawfully within the right-of-way of a public highway.
(b) No person shall in any manner paint, print, place, put or affix any outdoor advertising, outdoor advertising signs, displays
or devices upon or to any rock, stone, tree, fence, stump, pole, milestone, danger signal, guide sign, guide post, building
or other object lawfully within the right-of-way of any public highway.
42 Del. Laws, c. 182, § 7; 17 Del. C. 1953, § 1107; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276; 61 Del. Laws, c. 262, § 12.;
§ 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 or warning
sign, official sign or notice erected by or with the approval of the Department, shall be erected subsequent to July 14, 1969,
within 25 feet of the right-of-way line of any public highway if visible from any portion of the same.
(b) Subject to subsection (c) and subsection (d) of this section, no outdoor advertising sign, display or device, except a
directional or warning sign, official sign or notice erected by or with the approval of the Department, shall be erected or
maintained:
(1) On the right-of-way of any public highways;
(2) Within 25 feet of any public playground, school or church if visible from any portion of the same;
(3) Upon the inside curves or at or near a railroad crossing or a highway intersection, if such would obstruct or interfere
with the view of a train, locomotive, streetcar or other vehicle at or approaching such crossing or intersection or so as
to obstruct the view of such intersection or crossing or of a turn or a sharp change in alignment or in any manner dangerous
to the public;
(4) If such sign, display or device is obsolete or is not in good physical condition;
(5) If such sign, display or device is not securely affixed to a substantial structure or in any way endangers traffic on
any public highway.
(c) Subsection (a) of this section shall not apply to outdoor advertising signs, displays or devices which advertise the sale
or lease of, or activities conducted upon, the real property where they are located, or any outdoor advertising signs displayed
on any school bus waiting shelter located and approved by the State Department of Education.
(d) Beautification/landscape planting sponsorship signs located within the right-of-way of any public highway shall be erected
or placed as defined below and as such are exempt from this chapter and section:
(1) Signs under the above provision denoting the name of the person(s) or organization sponsoring/or donating, planting and/or
maintaining beautification/landscape projects shall require an approved right-of-way use agreement issued by the Department
of Transportation;
(2) Such signs shall not exceed 6 square feet and shall be constructed, painted and lettered according to standards for material
and fabrication as required by the Department of Transportation.
42 Del. Laws, c. 182, §§ 6, 11; 17 Del. C. 1953, § 1108; 53 Del. Laws, c. 87, § 1; 55 Del. Laws, c. 407; 56 Del. Laws, c. 178; 56 Del. Laws, c. 351, § 1; 57 Del. Laws, c. 276; 57 Del. Laws, c. 633, §§ 10, 11; 61 Del. Laws, c. 262, §§ 13-15; 62 Del. Laws, c. 267, §§ 1, 2; 71 Del. Laws, c. 318, § 1.;
§ 1109. Forbidden advertising.
No outdoor advertising signs, displays or devices shall display copy which violates any federal or state law, or which is
offensive to the moral standards of the community at the time the copy is offered for display, or which is false, misleading
or deceptive.
42 Del. Laws, c. 182, § 10; 17 Del. C. 1953, § 1109; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276.;
§ 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
of the property on which they are located, or activities conducted thereon, the Department establishes the following criteria
for use in making, publishing and enforcing regulations:
(a) In zoned commercial and industrial areas, the Department shall certify to the administrator as notice of effective control
that there have been established within such areas regulations which are effective and are enforced with respect to the size,
lighting and spacing of outdoor advertising signs, displays and devices. In such areas, the size, lighting and spacing requirements
set forth below shall not apply.
(b) In all other zoned and unzoned commercial and industrial areas, the criteria set forth below shall apply:
(1) Construction of signs. --
a. The maximum area for any one sign shall be 1,200 square feet with a maximum height of 25 feet and maximum length of 60
feet, inclusive of any border and trim but excluding ornamental base or apron, supports and other structural members.
b. The area of the sign shall be computed by the sign maker utilizing the most practical method which encompasses the entire
sign and this data shall be submitted to the Division of Highways upon application for permit.
c. A sign structure may contain 1 or 2 signs per facing and 2 sign facings may be placed back to back or V-type at one location
but in no event shall the total area of any facing exceed 1,200 square feet.
d. A sign which exceeds 600 square feet in area may not be on the same sign facing with any other sign.
e. All newly erected, rebuilt or replaced sign structures shall be constructed in accordance with the applicable wind pressure
standards of the local building code, or, in the absence of such requirement, shall be constructed to withstand a minimum
wind pressure of 25 pounds per square foot.
(2) Spacing of signs. --
a. Interstate and federal aid primary highways.
1. Signs may not be located in such a manner as to obscure, or otherwise physically interfere with the effectiveness of an
official traffic sign, signal or device, or obstruct or physically interfere with the driver's view of approaching, merging
or intersecting traffic. Except for roof signs, wall signs and free standing signs against the wall of a building, no ground
sign shall be placed within 35 feet of either highway right-of-way at an intersection where they converge, unless the base
of such sign shall be at least 8 feet above ground level or road bed, whichever is higher.
b. Interstate highways and controlled access highways on the federal aid primary system.
1. No two structures shall be spaced less than 500 feet apart.
2. Outside of incorporated cities and towns, no structure may be located within 500 feet of an interchange, intersection at
grade, rest area or information center (measured along the interstate or freeway from the beginning or ending of pavement
widening at the exit from or entrance to the main traveled way).
c. Non-controlled access federal aid primary highways.
1. Outside of incorporated cities and towns, no 2 structures shall be spaced less than 300 feet apart.
2. Within incorporated cities and towns, no 2 structures shall be spaced less than 100 feet apart.
d. The above spacing-between-structures provisions do not apply to structures separated by buildings or other obstructions
in such a manner that only 1 sign facing located within the above spacing distances is visible from the highway at any one
time.
e. Official and "on premise" signs, as defined in subsection (c) of § 131 of Title 23, United States Code, and structures
that are not lawfully maintained shall not be counted nor shall measurements be made from them for purposes of determining
compliance with spacing requirements.
f. The minimum distance between structures shall be measured along the nearest edge of the pavement between points directly
opposite the signs along each side of the highway and shall apply only to structures located on the same side of the highway.
(3) Lighting. -- Signs may be illuminated, subject to the following restrictions.
a. Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited,
except those giving public service information such as time, date, temperature, weather, or traffic conditions, or as defined
in paragraph (3)e. of this section.
b. Signs which are not effectively shielded to prevent beams or rays of light from being directed at any portion of the traveled
ways of an interstate or federal-aid primary highway and which are of such intensity or brilliance as to cause glare or to
impair the vision of a driver of a motor vehicle or which otherwise obscure or interfere with a driver's operation of a motor
vehicle are prohibited.
c. A sign may not be illuminated so that it interferes with the effectiveness of, or obscures, an official traffic control
device such as a sign or signal.
d. All lighting is subject to any other provisions of law relating to the lighting of signs presently applicable to all highways
under the jurisdiction of the State.
e. Notwithstanding the provisions of paragraphs (b)(3)a. through d. of this section, signs commonly known as variable message
signs may be changed at intervals by electronic or mechanical process or remote control, and are permitted within 660 feet
of the edge of the right-of-way of any interstate or federal-aid primary highway so designated as of June 1, 1991, and of
the National Highway System. These variable message signs are permitted, except as prohibited by local ordinance or zoning
regulation or by the Delaware federal-state outdoor advertising agreement of May 1, 1968, and are not considered to be in
violation of flashing, intermittent, or moving lights criteria provided that:
1. Each message remains fixed for a minimum of at least 10 seconds.
2. When the message is changed, it must be accomplished in 1 second or less, with all moving parts or illumination changing
simultaneously and in unison.
3. A variable message sign along the same roadway and facing in the same direction of travel may not be placed, as measured
along the centerline of the roadway, within 2,500 feet of another variable message sign, or within 500 feet of a static billboard
sign regulated by this section, or within 1,000 feet of an interchange, interstate junction of merging or diverging traffic,
or an at-grade intersection.
4. A variable message sign must contain a default design that will freeze the sign in 1 position if a malfunction occurs or,
in the alternative, that will shut down.
5. A variable message sign may not contain or display any lights, effects, or messages that flash, move, appear to be animated
or to move, scroll, or change in intensity during the fixed display period. A variable message sign must appropriately adjust
display brightness as ambient light levels change.
6. A sign that attempts or appears to attempt to direct the movement of traffic or which contains wording, color, shapes,
or likenesses of official traffic control devices is prohibited.
7. A sign may not be placed along designated Delaware byways.
(4) The State and local political subdivisions shall have full authority under their own zoning laws to zone areas for commercial
or industrial purposes and the action of the State and local political subdivisions in this regard will be accepted for the
purposes of this chapter. At any time that a political subdivision adopts regulations which include the size, lighting and
spacing of outdoor advertising, the State shall so certify to the administrator and control of outdoor advertising in commercial
or industrial areas will transfer to subsection (a) of this section.
17 Del. C. 1953, § 1110; 57 Del. Laws, c. 276; 57 Del. Laws, c. 633, §§ 3-6; 60 Del. Laws, c. 290, § 2; 61 Del. Laws, c. 262, § 16; 76 Del. Laws, c. 144, § 1; 77 Del. Laws, c. 367, § 1.;
§ 1111. Public nuisance; abatement.
(a) Any outdoor advertising sign, display or device which is erected or maintained in violation of this chapter or any regulations
lawfully adopted pursuant to this chapter is declared to be a public nuisance and may be forthwith removed, obliterated or
abated by the Department, its employees or any peace officer of this State, when such violation is not corrected after 30
days' written notice of the violation to the owner of the sign, display or device or to the owner, lessee or occupant of the
land upon which the sign, display or device is located. All costs incurred by the Department in abating a nuisance pursuant
to this section shall be the responsibility of the owner of the sign, display or device and the Department shall have an action
at law to recover such costs, as well as the expenses of suit.
When any sign is damaged, or falls into disrepair to the extent that obvious repairs are needed, the owner shall be notified
in writing by the Department to make all necessary repairs. If the sign is not repaired, rebuilt or removed within 30 days
of the notification, the applicable sign permit shall lapse and become null and void.
(b) Any person, business or company which knowingly paints, builds and erects or maintains an outdoor advertising sign without
a permit shall be in violation of the chapter.
(c)(1) Any outdoor advertising sign, display or device which is erected or maintained in violation of § 1108(b)(1) of this
title shall be subject to immediate removal and the other enforcement provisions of § 525 of this title, without regard to
the clear zone distance limitations of that section.
(2) Paragraph (c)(1) of this section shall not apply during the 30-day period immediately preceding and the 30-day period
after an election administered pursuant to Title 15, in those election districts affected by such election or elections.
42 Del. Laws, c. 182, § 13; 17 Del. C. 1953, § 1111; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276; 57 Del. Laws, c. 633, § 12; 60 Del. Laws, c. 290, §§ 4, 5; 75 Del. Laws, c. 98, § 124.;
§ 1112. Injunctive relief.
The Department or any taxpayer may maintain an action for an injunction to restrain any violation or threatened violation
of this chapter or of any regulation lawfully adopted pursuant thereto.
42 Del. Laws, c. 182, § 13; 17 Del. C. 1953, § 1112; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276.;
§ 1113. Penalties.
Whoever violates this chapter or any regulation lawfully adopted pursuant to this chapter shall be fined not less than $10
nor more than $50.
Each day that a violation is allowed to continue after 30 days' written notice of its existence shall constitute a separate
offense.
42 Del. Laws, c. 182, § 13; 17 Del. C. 1953, § 1113; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276.;
§ 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 outdoor advertising signs, displays
and devices in controlled areas:
(1) Outdoor advertising signs, displays and devices 32 square feet or less erected or maintained upon real property and placed
on the premises to identify a business conducted thereon.
(2) Outdoor advertising signs, displays and devices (containing 12 square feet or less in areas zoned residential or 32 square
feet or less in areas zoned otherwise) upon real property stating that the property, or a part thereof, is for sale or for
rent.
(3) A notice or advertisement required by law in any legal proceeding or put upon the property by public authority.
(4) A danger or precautionary sign containing 2 square feet or less relating to the premises or a sign warning of the condition
of or danger of travel on a highway.
(5) Any notice or sign of any railroad or other transportation or transmission or communication company necessary for the
direction or information or safety of the public.
(6) Any sign containing 6 square feet or less and directing travelers to any town, village, city, historical site or attractions,
provided the same is maintained at public expense.
(7) Nonofficial signs displayed on transit shelters under contracts approved by the Department.
42 Del. Laws, c. 182, § 8; 17 Del. C. 1953, § 1114; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276; 60 Del. Laws, c. 290, § 6; 61 Del. Laws, c. 262, §§ 17, 18; 63 Del. Laws, c. 178, §§ 1, 2; 71 Del. Laws, c. 318, §§ 2, 3.;
§§ 1115-1119. [Reserved.]
§ 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 application directly involved in the controversy in which such judgment shall have been rendered, and shall not affect
or impair the remainder of this chapter or the application thereof.
The rapid growth in the use of motor vehicles throughout this State and the concurrent extension of highways built or improved
at public expense has lead to great changes in the extent and character of public travel. The investment of this State, municipalities
and towns in good roads, parks, parkways, playgrounds and reservations, and the safety, convenience and welfare of the inhabitants
have been affected.
The regulation and control of outdoor advertising signs, displays and devices of all kinds is provided for in order to promote
the general welfare, especially in the particulars hereinafter recited.
The people of this State would suffer economically if the State failed to participate fully in the allocation and apportionment
of federal-aid highway funds since a reduction in federal-aid highway funds would necessitate increased taxation to support
and maintain the state road program and system. It is, consequently, the intention of this chapter, among other things, to
provide a statutory basis for regulation of outdoor advertising consistent with the public policy relating to areas adjacent
to federal-aid interstate and primary systems declared by the Congress of the United States in Title 23, United States Code.
42 Del. Laws, c. 182, § 1; 17 Del. C. 1953, § 1101; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276.;
§ 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
be construed as in addition to any such power or authority, which shall remain unaffected.
(b) As used in this chapter:
(1) "Commercial or industrial activities for purposes of unzoned commercial and industrial areas" means those activities generally
recognized as commercial or industrial by zoning authorities in this State, except that none of the following activities shall
be considered commercial or industrial:
a. Outdoor advertising structures;
b. Forestry, ranching, grazing and farming including, but not limited to, wayside fresh produce stands;
c. Transient or temporary activities;
d. Activities more than 600 feet from the nearest edge of the right-of-way along the interstate and federal-aid primary route;
e. Activities conducted in buildings principally used as a residence;
f. Railroad tracks and minor sidings;
g. Activities not visible from the main traveled way.
(2) "Controlled areas" means and includes any area inside the boundaries of this State which is adjacent to the right-of-way
of a highway of the interstate or primary systems, except that areas beyond 660 feet of the right-of-way inside urban areas
shall be excluded from this chapter.
(3) "Department" means the Department of Transportation.
(4) "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any way bring into
being or establish, but it shall not include any of the foregoing activities when performed as an incident to the change of
advertising message or customary maintenance of a sign or sign structure.
(5) "Information center" means an area or site established and maintained at a rest area for the purpose of informing the
public of places of interest within the State and providing such other information as the Department may consider desirable.
(6) "Interstate system" means that portion of the national system of interstate and defense highways located within this State,
as officially designated, or as may hereafter be so designated, by the Department and approved by the Secretary of Transportation
of the United States, pursuant to Title 23, United States Code, "Highways."
(7) The "laws of this State" shall include a provision of the Constitution or statutes of the State, or an ordinance, rule
or regulation enacted or adopted by an agency or political subdivision of this State pursuant to the Constitution or statutes.
(8) "Maintain" means to allow to exist in accordance with state law.
(9) "Outdoor advertising" or "outdoor advertising signs, displays and devices" shall include any outdoor sign, display, device,
picture, emblem, trademark, figure, painting, drawing, message, placard, poster, billboard, light or other thing which is
designed, intended or used to advertise, to inform or to attract the attention of the traveling public, which is within 660
feet and visible or beyond 660 feet and visible and erected with the purpose of being read from the main traveled way of any
state highway.
(10) "Primary system" means that portion of connected main highways of this State officially designated as such, or as may
hereafter be designated as such, by the Department and approved by the Secretary of Transportation of the United States, pursuant
to Title 23, United States Code, "Highways."
(11) "Rest area" means an area or site established and maintained within or adjacent to the right-of-way by or under public
supervision or control, for the convenience of the traveling public.
(12) "Unzoned commercial or industrial areas" means those areas not zoned by any state, county or local ordinance or regulation
on which there are located 1 or more permanent structures devoted to a business or industrial activity or on which a commercial
or industrial activity is actually conducted, whether or not a permanent structure is located thereon, and the area along
the highway extending outward 800 feet from and beyond the edge of such activity. Each side of the highway will be considered
separately in applying this definition. All measurements shall be from the outer edges of the regularly used buildings, parking
lots, storage or processing areas of the commercial or industrial activities, not from the property lines of the activities,
and shall be along or parallel to the edge of the pavement of the highway.
(13) "Urban areas" means and includes those areas designated as such by the Bureau of the Census and whose boundaries have
been approved by the Secretary of the United States Department of Transportation.
(14) "Visible" means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity.
(15) "Zoned commercial or industrial areas" means those areas which are zoned for business, industry, commerce or trade pursuant
to a state or local zoning ordinance or regulation, except that those areas beyond 660 feet outside urban areas shall not
be recognized as commercial, industrial, unzoned commercial or unzoned industrial in the application of this chapter.
42 Del. Laws, c. 182, § 1; 17 Del. C. 1953, § 1102; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276; 57 Del. Laws, c. 633, §§ 1, 2; 60 Del. Laws, c. 290, § 1; 61 Del. Laws, c. 262, §§ 1-6.;
§ 1103. Enforcement of chapter; rules and regulations; examinations; territorial limitations.
(a) The Department shall:
(1) Enforce this chapter; and
(2) Make, publish and enforce such regulations for the proper control and restriction of outdoor advertising signs, displays
and devices as may be necessary or advisable to implement the policy and accomplish the purposes of this chapter.
(b) All employees of the Department, or any peace officer of this State, when so directed by the Department or its officers,
may enter into and upon any land or building to make any examination or survey which the Department deems necessary to the
effective administration of this chapter or to enforce this chapter.
(c) This chapter shall apply only to outdoor advertising signs, displays and devices situate outside the corporate limits
of any incorporated city or town in this State and to those outdoor advertising signs, displays and devices situate in controlled
areas within such corporate limits.
42 Del. Laws, c. 182, §§ 2, 14; 17 Del. C. 1953, § 1103; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276; 57 Del. Laws, c. 633, § 7; 61 Del. Laws, c. 262, § 7.;
§ 1104. Application and issuance of permits; revocation.
(a) Except as otherwise provided, no person, whether engaged in the business of outdoor advertising or not, shall erect, maintain
or display any outdoor advertising sign, display or device, above or upon real property, without first obtaining a permit
from the Department.
(b) A separate application for a permit shall be made for each separate outdoor advertising sign, display or device on a form
furnished by the Department, which application shall contain such information as it may require. For the purpose of this subsection,
each single sign panel or face shall be interpreted as constituting an outdoor advertising sign, display or device. Each application
shall be accompanied by the written consent of the owner or tenant of the real property upon which such sign, display or device
is to be erected or maintained. No new application shall be made for a permit to maintain any existing outdoor advertising
sign, display or device or to renew a permit.
(c) The Department, in accordance with this chapter, shall issue or renew permits for a period of at least 1 year for the
erection and maintenance of all types of outdoor advertising signs, displays and devices; provided, however, that all new
permits issued shall expire at the next regular renewal period established by the Department. No permit shall be issued for
the erection or construction of any sign which would be in violation of local law or ordinance at the time application is
filed.
(d) The Department may establish and collect fees for the issuance of permits and renewals thereof. The amount of such charge
shall be so fixed as to provide the Department with the funds deemed necessary by it to defray the costs of the administration
of this chapter.
(e) When an application for a permit or for a renewal thereof is made by a nonresident or by a foreign corporation engaged
in the business of outdoor advertising, the Department, at its discretion, as a condition to the issuance of such permit or
renewal, may require such corporation to deposit with the Department a bond, in an amount and with surety to be approved by
the Department, to secure such corporation's compliance with this chapter.
(f) All sign permits issued under this section shall terminate and become void if the sign structure for which the permit
is issued is not under construction within 6 months and is not fully constructed in full compliance with the terms of this
chapter within 1 year after its issuance. Under no circumstances shall there be any refund of a permit fee which has become
void.
42 Del. Laws, c. 182, § 3; 17 Del. C. 1953, § 1104; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276; 57 Del. Laws, c. 633, §§ 8, 9; 61 Del. Laws, c. 262, §§ 8-10.;
§ 1105. Advertising identification.
The Department shall require that each outdoor advertising sign, display or device shall bear an identifying tag or plate
to be issued by the Department, and, upon erection shall bear the name of the party responsible for the erection and maintenance
of the sign and the Department shall make provisions for the details thereof.
42 Del. Laws, c. 182, § 4; 17 Del. C. 1953, § 1105; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276; 60 Del. Laws, c. 290, § 3; 61 Del. Laws, c. 262, § 11.;
§ 1106. Removal upon expiration or revocation of permit.
All outdoor advertising signs, displays and devices shall be removed by the outdoor advertiser or other person erecting, owning,
maintaining or displaying the same, or, in the event of that person's default, by the owner or tenant of the premises upon
which any such sign, display or device is located, within 30 days from the date of the expiration or revocation of the permit
for the same.
42 Del. Laws, c. 182, § 5; 17 Del. C. 1953, § 1106; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276; 70 Del. Laws, c. 186, § 1.;
§ 1107. Unlawful to remove or damage road markers, etc., or place advertising on highways.
(a) No person shall willfully or maliciously displace, remove, destroy or injure a mileboard, milestone, danger sign or signal,
guide sign or guide post or any inscription thereon, lawfully within the right-of-way of a public highway.
(b) No person shall in any manner paint, print, place, put or affix any outdoor advertising, outdoor advertising signs, displays
or devices upon or to any rock, stone, tree, fence, stump, pole, milestone, danger signal, guide sign, guide post, building
or other object lawfully within the right-of-way of any public highway.
42 Del. Laws, c. 182, § 7; 17 Del. C. 1953, § 1107; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276; 61 Del. Laws, c. 262, § 12.;
§ 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 or warning
sign, official sign or notice erected by or with the approval of the Department, shall be erected subsequent to July 14, 1969,
within 25 feet of the right-of-way line of any public highway if visible from any portion of the same.
(b) Subject to subsection (c) and subsection (d) of this section, no outdoor advertising sign, display or device, except a
directional or warning sign, official sign or notice erected by or with the approval of the Department, shall be erected or
maintained:
(1) On the right-of-way of any public highways;
(2) Within 25 feet of any public playground, school or church if visible from any portion of the same;
(3) Upon the inside curves or at or near a railroad crossing or a highway intersection, if such would obstruct or interfere
with the view of a train, locomotive, streetcar or other vehicle at or approaching such crossing or intersection or so as
to obstruct the view of such intersection or crossing or of a turn or a sharp change in alignment or in any manner dangerous
to the public;
(4) If such sign, display or device is obsolete or is not in good physical condition;
(5) If such sign, display or device is not securely affixed to a substantial structure or in any way endangers traffic on
any public highway.
(c) Subsection (a) of this section shall not apply to outdoor advertising signs, displays or devices which advertise the sale
or lease of, or activities conducted upon, the real property where they are located, or any outdoor advertising signs displayed
on any school bus waiting shelter located and approved by the State Department of Education.
(d) Beautification/landscape planting sponsorship signs located within the right-of-way of any public highway shall be erected
or placed as defined below and as such are exempt from this chapter and section:
(1) Signs under the above provision denoting the name of the person(s) or organization sponsoring/or donating, planting and/or
maintaining beautification/landscape projects shall require an approved right-of-way use agreement issued by the Department
of Transportation;
(2) Such signs shall not exceed 6 square feet and shall be constructed, painted and lettered according to standards for material
and fabrication as required by the Department of Transportation.
42 Del. Laws, c. 182, §§ 6, 11; 17 Del. C. 1953, § 1108; 53 Del. Laws, c. 87, § 1; 55 Del. Laws, c. 407; 56 Del. Laws, c. 178; 56 Del. Laws, c. 351, § 1; 57 Del. Laws, c. 276; 57 Del. Laws, c. 633, §§ 10, 11; 61 Del. Laws, c. 262, §§ 13-15; 62 Del. Laws, c. 267, §§ 1, 2; 71 Del. Laws, c. 318, § 1.;
§ 1109. Forbidden advertising.
No outdoor advertising signs, displays or devices shall display copy which violates any federal or state law, or which is
offensive to the moral standards of the community at the time the copy is offered for display, or which is false, misleading
or deceptive.
42 Del. Laws, c. 182, § 10; 17 Del. C. 1953, § 1109; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276.;
§ 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
of the property on which they are located, or activities conducted thereon, the Department establishes the following criteria
for use in making, publishing and enforcing regulations:
(a) In zoned commercial and industrial areas, the Department shall certify to the administrator as notice of effective control
that there have been established within such areas regulations which are effective and are enforced with respect to the size,
lighting and spacing of outdoor advertising signs, displays and devices. In such areas, the size, lighting and spacing requirements
set forth below shall not apply.
(b) In all other zoned and unzoned commercial and industrial areas, the criteria set forth below shall apply:
(1) Construction of signs. --
a. The maximum area for any one sign shall be 1,200 square feet with a maximum height of 25 feet and maximum length of 60
feet, inclusive of any border and trim but excluding ornamental base or apron, supports and other structural members.
b. The area of the sign shall be computed by the sign maker utilizing the most practical method which encompasses the entire
sign and this data shall be submitted to the Division of Highways upon application for permit.
c. A sign structure may contain 1 or 2 signs per facing and 2 sign facings may be placed back to back or V-type at one location
but in no event shall the total area of any facing exceed 1,200 square feet.
d. A sign which exceeds 600 square feet in area may not be on the same sign facing with any other sign.
e. All newly erected, rebuilt or replaced sign structures shall be constructed in accordance with the applicable wind pressure
standards of the local building code, or, in the absence of such requirement, shall be constructed to withstand a minimum
wind pressure of 25 pounds per square foot.
(2) Spacing of signs. --
a. Interstate and federal aid primary highways.
1. Signs may not be located in such a manner as to obscure, or otherwise physically interfere with the effectiveness of an
official traffic sign, signal or device, or obstruct or physically interfere with the driver's view of approaching, merging
or intersecting traffic. Except for roof signs, wall signs and free standing signs against the wall of a building, no ground
sign shall be placed within 35 feet of either highway right-of-way at an intersection where they converge, unless the base
of such sign shall be at least 8 feet above ground level or road bed, whichever is higher.
b. Interstate highways and controlled access highways on the federal aid primary system.
1. No two structures shall be spaced less than 500 feet apart.
2. Outside of incorporated cities and towns, no structure may be located within 500 feet of an interchange, intersection at
grade, rest area or information center (measured along the interstate or freeway from the beginning or ending of pavement
widening at the exit from or entrance to the main traveled way).
c. Non-controlled access federal aid primary highways.
1. Outside of incorporated cities and towns, no 2 structures shall be spaced less than 300 feet apart.
2. Within incorporated cities and towns, no 2 structures shall be spaced less than 100 feet apart.
d. The above spacing-between-structures provisions do not apply to structures separated by buildings or other obstructions
in such a manner that only 1 sign facing located within the above spacing distances is visible from the highway at any one
time.
e. Official and "on premise" signs, as defined in subsection (c) of § 131 of Title 23, United States Code, and structures
that are not lawfully maintained shall not be counted nor shall measurements be made from them for purposes of determining
compliance with spacing requirements.
f. The minimum distance between structures shall be measured along the nearest edge of the pavement between points directly
opposite the signs along each side of the highway and shall apply only to structures located on the same side of the highway.
(3) Lighting. -- Signs may be illuminated, subject to the following restrictions.
a. Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited,
except those giving public service information such as time, date, temperature, weather, or traffic conditions, or as defined
in paragraph (3)e. of this section.
b. Signs which are not effectively shielded to prevent beams or rays of light from being directed at any portion of the traveled
ways of an interstate or federal-aid primary highway and which are of such intensity or brilliance as to cause glare or to
impair the vision of a driver of a motor vehicle or which otherwise obscure or interfere with a driver's operation of a motor
vehicle are prohibited.
c. A sign may not be illuminated so that it interferes with the effectiveness of, or obscures, an official traffic control
device such as a sign or signal.
d. All lighting is subject to any other provisions of law relating to the lighting of signs presently applicable to all highways
under the jurisdiction of the State.
e. Notwithstanding the provisions of paragraphs (b)(3)a. through d. of this section, signs commonly known as variable message
signs may be changed at intervals by electronic or mechanical process or remote control, and are permitted within 660 feet
of the edge of the right-of-way of any interstate or federal-aid primary highway so designated as of June 1, 1991, and of
the National Highway System. These variable message signs are permitted, except as prohibited by local ordinance or zoning
regulation or by the Delaware federal-state outdoor advertising agreement of May 1, 1968, and are not considered to be in
violation of flashing, intermittent, or moving lights criteria provided that:
1. Each message remains fixed for a minimum of at least 10 seconds.
2. When the message is changed, it must be accomplished in 1 second or less, with all moving parts or illumination changing
simultaneously and in unison.
3. A variable message sign along the same roadway and facing in the same direction of travel may not be placed, as measured
along the centerline of the roadway, within 2,500 feet of another variable message sign, or within 500 feet of a static billboard
sign regulated by this section, or within 1,000 feet of an interchange, interstate junction of merging or diverging traffic,
or an at-grade intersection.
4. A variable message sign must contain a default design that will freeze the sign in 1 position if a malfunction occurs or,
in the alternative, that will shut down.
5. A variable message sign may not contain or display any lights, effects, or messages that flash, move, appear to be animated
or to move, scroll, or change in intensity during the fixed display period. A variable message sign must appropriately adjust
display brightness as ambient light levels change.
6. A sign that attempts or appears to attempt to direct the movement of traffic or which contains wording, color, shapes,
or likenesses of official traffic control devices is prohibited.
7. A sign may not be placed along designated Delaware byways.
(4) The State and local political subdivisions shall have full authority under their own zoning laws to zone areas for commercial
or industrial purposes and the action of the State and local political subdivisions in this regard will be accepted for the
purposes of this chapter. At any time that a political subdivision adopts regulations which include the size, lighting and
spacing of outdoor advertising, the State shall so certify to the administrator and control of outdoor advertising in commercial
or industrial areas will transfer to subsection (a) of this section.
17 Del. C. 1953, § 1110; 57 Del. Laws, c. 276; 57 Del. Laws, c. 633, §§ 3-6; 60 Del. Laws, c. 290, § 2; 61 Del. Laws, c. 262, § 16; 76 Del. Laws, c. 144, § 1; 77 Del. Laws, c. 367, § 1.;
§ 1111. Public nuisance; abatement.
(a) Any outdoor advertising sign, display or device which is erected or maintained in violation of this chapter or any regulations
lawfully adopted pursuant to this chapter is declared to be a public nuisance and may be forthwith removed, obliterated or
abated by the Department, its employees or any peace officer of this State, when such violation is not corrected after 30
days' written notice of the violation to the owner of the sign, display or device or to the owner, lessee or occupant of the
land upon which the sign, display or device is located. All costs incurred by the Department in abating a nuisance pursuant
to this section shall be the responsibility of the owner of the sign, display or device and the Department shall have an action
at law to recover such costs, as well as the expenses of suit.
When any sign is damaged, or falls into disrepair to the extent that obvious repairs are needed, the owner shall be notified
in writing by the Department to make all necessary repairs. If the sign is not repaired, rebuilt or removed within 30 days
of the notification, the applicable sign permit shall lapse and become null and void.
(b) Any person, business or company which knowingly paints, builds and erects or maintains an outdoor advertising sign without
a permit shall be in violation of the chapter.
(c)(1) Any outdoor advertising sign, display or device which is erected or maintained in violation of § 1108(b)(1) of this
title shall be subject to immediate removal and the other enforcement provisions of § 525 of this title, without regard to
the clear zone distance limitations of that section.
(2) Paragraph (c)(1) of this section shall not apply during the 30-day period immediately preceding and the 30-day period
after an election administered pursuant to Title 15, in those election districts affected by such election or elections.
42 Del. Laws, c. 182, § 13; 17 Del. C. 1953, § 1111; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276; 57 Del. Laws, c. 633, § 12; 60 Del. Laws, c. 290, §§ 4, 5; 75 Del. Laws, c. 98, § 124.;
§ 1112. Injunctive relief.
The Department or any taxpayer may maintain an action for an injunction to restrain any violation or threatened violation
of this chapter or of any regulation lawfully adopted pursuant thereto.
42 Del. Laws, c. 182, § 13; 17 Del. C. 1953, § 1112; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276.;
§ 1113. Penalties.
Whoever violates this chapter or any regulation lawfully adopted pursuant to this chapter shall be fined not less than $10
nor more than $50.
Each day that a violation is allowed to continue after 30 days' written notice of its existence shall constitute a separate
offense.
42 Del. Laws, c. 182, § 13; 17 Del. C. 1953, § 1113; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276.;
§ 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 outdoor advertising signs, displays
and devices in controlled areas:
(1) Outdoor advertising signs, displays and devices 32 square feet or less erected or maintained upon real property and placed
on the premises to identify a business conducted thereon.
(2) Outdoor advertising signs, displays and devices (containing 12 square feet or less in areas zoned residential or 32 square
feet or less in areas zoned otherwise) upon real property stating that the property, or a part thereof, is for sale or for
rent.
(3) A notice or advertisement required by law in any legal proceeding or put upon the property by public authority.
(4) A danger or precautionary sign containing 2 square feet or less relating to the premises or a sign warning of the condition
of or danger of travel on a highway.
(5) Any notice or sign of any railroad or other transportation or transmission or communication company necessary for the
direction or information or safety of the public.
(6) Any sign containing 6 square feet or less and directing travelers to any town, village, city, historical site or attractions,
provided the same is maintained at public expense.
(7) Nonofficial signs displayed on transit shelters under contracts approved by the Department.
42 Del. Laws, c. 182, § 8; 17 Del. C. 1953, § 1114; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276; 60 Del. Laws, c. 290, § 6; 61 Del. Laws, c. 262, §§ 17, 18; 63 Del. Laws, c. 178, §§ 1, 2; 71 Del. Laws, c. 318, §§ 2, 3.;
§§ 1115-1119. [Reserved.]
§ 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 application directly involved in the controversy in which such judgment shall have been rendered, and shall not affect
or impair the remainder of this chapter or the application thereof.
The rapid growth in the use of motor vehicles throughout this State and the concurrent extension of highways built or improved
at public expense has lead to great changes in the extent and character of public travel. The investment of this State, municipalities
and towns in good roads, parks, parkways, playgrounds and reservations, and the safety, convenience and welfare of the inhabitants
have been affected.
The regulation and control of outdoor advertising signs, displays and devices of all kinds is provided for in order to promote
the general welfare, especially in the particulars hereinafter recited.
The people of this State would suffer economically if the State failed to participate fully in the allocation and apportionment
of federal-aid highway funds since a reduction in federal-aid highway funds would necessitate increased taxation to support
and maintain the state road program and system. It is, consequently, the intention of this chapter, among other things, to
provide a statutory basis for regulation of outdoor advertising consistent with the public policy relating to areas adjacent
to federal-aid interstate and primary systems declared by the Congress of the United States in Title 23, United States Code.
42 Del. Laws, c. 182, § 1; 17 Del. C. 1953, § 1101; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276.;
§ 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
be construed as in addition to any such power or authority, which shall remain unaffected.
(b) As used in this chapter:
(1) "Commercial or industrial activities for purposes of unzoned commercial and industrial areas" means those activities generally
recognized as commercial or industrial by zoning authorities in this State, except that none of the following activities shall
be considered commercial or industrial:
a. Outdoor advertising structures;
b. Forestry, ranching, grazing and farming including, but not limited to, wayside fresh produce stands;
c. Transient or temporary activities;
d. Activities more than 600 feet from the nearest edge of the right-of-way along the interstate and federal-aid primary route;
e. Activities conducted in buildings principally used as a residence;
f. Railroad tracks and minor sidings;
g. Activities not visible from the main traveled way.
(2) "Controlled areas" means and includes any area inside the boundaries of this State which is adjacent to the right-of-way
of a highway of the interstate or primary systems, except that areas beyond 660 feet of the right-of-way inside urban areas
shall be excluded from this chapter.
(3) "Department" means the Department of Transportation.
(4) "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any way bring into
being or establish, but it shall not include any of the foregoing activities when performed as an incident to the change of
advertising message or customary maintenance of a sign or sign structure.
(5) "Information center" means an area or site established and maintained at a rest area for the purpose of informing the
public of places of interest within the State and providing such other information as the Department may consider desirable.
(6) "Interstate system" means that portion of the national system of interstate and defense highways located within this State,
as officially designated, or as may hereafter be so designated, by the Department and approved by the Secretary of Transportation
of the United States, pursuant to Title 23, United States Code, "Highways."
(7) The "laws of this State" shall include a provision of the Constitution or statutes of the State, or an ordinance, rule
or regulation enacted or adopted by an agency or political subdivision of this State pursuant to the Constitution or statutes.
(8) "Maintain" means to allow to exist in accordance with state law.
(9) "Outdoor advertising" or "outdoor advertising signs, displays and devices" shall include any outdoor sign, display, device,
picture, emblem, trademark, figure, painting, drawing, message, placard, poster, billboard, light or other thing which is
designed, intended or used to advertise, to inform or to attract the attention of the traveling public, which is within 660
feet and visible or beyond 660 feet and visible and erected with the purpose of being read from the main traveled way of any
state highway.
(10) "Primary system" means that portion of connected main highways of this State officially designated as such, or as may
hereafter be designated as such, by the Department and approved by the Secretary of Transportation of the United States, pursuant
to Title 23, United States Code, "Highways."
(11) "Rest area" means an area or site established and maintained within or adjacent to the right-of-way by or under public
supervision or control, for the convenience of the traveling public.
(12) "Unzoned commercial or industrial areas" means those areas not zoned by any state, county or local ordinance or regulation
on which there are located 1 or more permanent structures devoted to a business or industrial activity or on which a commercial
or industrial activity is actually conducted, whether or not a permanent structure is located thereon, and the area along
the highway extending outward 800 feet from and beyond the edge of such activity. Each side of the highway will be considered
separately in applying this definition. All measurements shall be from the outer edges of the regularly used buildings, parking
lots, storage or processing areas of the commercial or industrial activities, not from the property lines of the activities,
and shall be along or parallel to the edge of the pavement of the highway.
(13) "Urban areas" means and includes those areas designated as such by the Bureau of the Census and whose boundaries have
been approved by the Secretary of the United States Department of Transportation.
(14) "Visible" means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity.
(15) "Zoned commercial or industrial areas" means those areas which are zoned for business, industry, commerce or trade pursuant
to a state or local zoning ordinance or regulation, except that those areas beyond 660 feet outside urban areas shall not
be recognized as commercial, industrial, unzoned commercial or unzoned industrial in the application of this chapter.
42 Del. Laws, c. 182, § 1; 17 Del. C. 1953, § 1102; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276; 57 Del. Laws, c. 633, §§ 1, 2; 60 Del. Laws, c. 290, § 1; 61 Del. Laws, c. 262, §§ 1-6.;
§ 1103. Enforcement of chapter; rules and regulations; examinations; territorial limitations.
(a) The Department shall:
(1) Enforce this chapter; and
(2) Make, publish and enforce such regulations for the proper control and restriction of outdoor advertising signs, displays
and devices as may be necessary or advisable to implement the policy and accomplish the purposes of this chapter.
(b) All employees of the Department, or any peace officer of this State, when so directed by the Department or its officers,
may enter into and upon any land or building to make any examination or survey which the Department deems necessary to the
effective administration of this chapter or to enforce this chapter.
(c) This chapter shall apply only to outdoor advertising signs, displays and devices situate outside the corporate limits
of any incorporated city or town in this State and to those outdoor advertising signs, displays and devices situate in controlled
areas within such corporate limits.
42 Del. Laws, c. 182, §§ 2, 14; 17 Del. C. 1953, § 1103; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276; 57 Del. Laws, c. 633, § 7; 61 Del. Laws, c. 262, § 7.;
§ 1104. Application and issuance of permits; revocation.
(a) Except as otherwise provided, no person, whether engaged in the business of outdoor advertising or not, shall erect, maintain
or display any outdoor advertising sign, display or device, above or upon real property, without first obtaining a permit
from the Department.
(b) A separate application for a permit shall be made for each separate outdoor advertising sign, display or device on a form
furnished by the Department, which application shall contain such information as it may require. For the purpose of this subsection,
each single sign panel or face shall be interpreted as constituting an outdoor advertising sign, display or device. Each application
shall be accompanied by the written consent of the owner or tenant of the real property upon which such sign, display or device
is to be erected or maintained. No new application shall be made for a permit to maintain any existing outdoor advertising
sign, display or device or to renew a permit.
(c) The Department, in accordance with this chapter, shall issue or renew permits for a period of at least 1 year for the
erection and maintenance of all types of outdoor advertising signs, displays and devices; provided, however, that all new
permits issued shall expire at the next regular renewal period established by the Department. No permit shall be issued for
the erection or construction of any sign which would be in violation of local law or ordinance at the time application is
filed.
(d) The Department may establish and collect fees for the issuance of permits and renewals thereof. The amount of such charge
shall be so fixed as to provide the Department with the funds deemed necessary by it to defray the costs of the administration
of this chapter.
(e) When an application for a permit or for a renewal thereof is made by a nonresident or by a foreign corporation engaged
in the business of outdoor advertising, the Department, at its discretion, as a condition to the issuance of such permit or
renewal, may require such corporation to deposit with the Department a bond, in an amount and with surety to be approved by
the Department, to secure such corporation's compliance with this chapter.
(f) All sign permits issued under this section shall terminate and become void if the sign structure for which the permit
is issued is not under construction within 6 months and is not fully constructed in full compliance with the terms of this
chapter within 1 year after its issuance. Under no circumstances shall there be any refund of a permit fee which has become
void.
42 Del. Laws, c. 182, § 3; 17 Del. C. 1953, § 1104; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276; 57 Del. Laws, c. 633, §§ 8, 9; 61 Del. Laws, c. 262, §§ 8-10.;
§ 1105. Advertising identification.
The Department shall require that each outdoor advertising sign, display or device shall bear an identifying tag or plate
to be issued by the Department, and, upon erection shall bear the name of the party responsible for the erection and maintenance
of the sign and the Department shall make provisions for the details thereof.
42 Del. Laws, c. 182, § 4; 17 Del. C. 1953, § 1105; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276; 60 Del. Laws, c. 290, § 3; 61 Del. Laws, c. 262, § 11.;
§ 1106. Removal upon expiration or revocation of permit.
All outdoor advertising signs, displays and devices shall be removed by the outdoor advertiser or other person erecting, owning,
maintaining or displaying the same, or, in the event of that person's default, by the owner or tenant of the premises upon
which any such sign, display or device is located, within 30 days from the date of the expiration or revocation of the permit
for the same.
42 Del. Laws, c. 182, § 5; 17 Del. C. 1953, § 1106; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276; 70 Del. Laws, c. 186, § 1.;
§ 1107. Unlawful to remove or damage road markers, etc., or place advertising on highways.
(a) No person shall willfully or maliciously displace, remove, destroy or injure a mileboard, milestone, danger sign or signal,
guide sign or guide post or any inscription thereon, lawfully within the right-of-way of a public highway.
(b) No person shall in any manner paint, print, place, put or affix any outdoor advertising, outdoor advertising signs, displays
or devices upon or to any rock, stone, tree, fence, stump, pole, milestone, danger signal, guide sign, guide post, building
or other object lawfully within the right-of-way of any public highway.
42 Del. Laws, c. 182, § 7; 17 Del. C. 1953, § 1107; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276; 61 Del. Laws, c. 262, § 12.;
§ 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 or warning
sign, official sign or notice erected by or with the approval of the Department, shall be erected subsequent to July 14, 1969,
within 25 feet of the right-of-way line of any public highway if visible from any portion of the same.
(b) Subject to subsection (c) and subsection (d) of this section, no outdoor advertising sign, display or device, except a
directional or warning sign, official sign or notice erected by or with the approval of the Department, shall be erected or
maintained:
(1) On the right-of-way of any public highways;
(2) Within 25 feet of any public playground, school or church if visible from any portion of the same;
(3) Upon the inside curves or at or near a railroad crossing or a highway intersection, if such would obstruct or interfere
with the view of a train, locomotive, streetcar or other vehicle at or approaching such crossing or intersection or so as
to obstruct the view of such intersection or crossing or of a turn or a sharp change in alignment or in any manner dangerous
to the public;
(4) If such sign, display or device is obsolete or is not in good physical condition;
(5) If such sign, display or device is not securely affixed to a substantial structure or in any way endangers traffic on
any public highway.
(c) Subsection (a) of this section shall not apply to outdoor advertising signs, displays or devices which advertise the sale
or lease of, or activities conducted upon, the real property where they are located, or any outdoor advertising signs displayed
on any school bus waiting shelter located and approved by the State Department of Education.
(d) Beautification/landscape planting sponsorship signs located within the right-of-way of any public highway shall be erected
or placed as defined below and as such are exempt from this chapter and section:
(1) Signs under the above provision denoting the name of the person(s) or organization sponsoring/or donating, planting and/or
maintaining beautification/landscape projects shall require an approved right-of-way use agreement issued by the Department
of Transportation;
(2) Such signs shall not exceed 6 square feet and shall be constructed, painted and lettered according to standards for material
and fabrication as required by the Department of Transportation.
42 Del. Laws, c. 182, §§ 6, 11; 17 Del. C. 1953, § 1108; 53 Del. Laws, c. 87, § 1; 55 Del. Laws, c. 407; 56 Del. Laws, c. 178; 56 Del. Laws, c. 351, § 1; 57 Del. Laws, c. 276; 57 Del. Laws, c. 633, §§ 10, 11; 61 Del. Laws, c. 262, §§ 13-15; 62 Del. Laws, c. 267, §§ 1, 2; 71 Del. Laws, c. 318, § 1.;
§ 1109. Forbidden advertising.
No outdoor advertising signs, displays or devices shall display copy which violates any federal or state law, or which is
offensive to the moral standards of the community at the time the copy is offered for display, or which is false, misleading
or deceptive.
42 Del. Laws, c. 182, § 10; 17 Del. C. 1953, § 1109; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276.;
§ 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
of the property on which they are located, or activities conducted thereon, the Department establishes the following criteria
for use in making, publishing and enforcing regulations:
(a) In zoned commercial and industrial areas, the Department shall certify to the administrator as notice of effective control
that there have been established within such areas regulations which are effective and are enforced with respect to the size,
lighting and spacing of outdoor advertising signs, displays and devices. In such areas, the size, lighting and spacing requirements
set forth below shall not apply.
(b) In all other zoned and unzoned commercial and industrial areas, the criteria set forth below shall apply:
(1) Construction of signs. --
a. The maximum area for any one sign shall be 1,200 square feet with a maximum height of 25 feet and maximum length of 60
feet, inclusive of any border and trim but excluding ornamental base or apron, supports and other structural members.
b. The area of the sign shall be computed by the sign maker utilizing the most practical method which encompasses the entire
sign and this data shall be submitted to the Division of Highways upon application for permit.
c. A sign structure may contain 1 or 2 signs per facing and 2 sign facings may be placed back to back or V-type at one location
but in no event shall the total area of any facing exceed 1,200 square feet.
d. A sign which exceeds 600 square feet in area may not be on the same sign facing with any other sign.
e. All newly erected, rebuilt or replaced sign structures shall be constructed in accordance with the applicable wind pressure
standards of the local building code, or, in the absence of such requirement, shall be constructed to withstand a minimum
wind pressure of 25 pounds per square foot.
(2) Spacing of signs. --
a. Interstate and federal aid primary highways.
1. Signs may not be located in such a manner as to obscure, or otherwise physically interfere with the effectiveness of an
official traffic sign, signal or device, or obstruct or physically interfere with the driver's view of approaching, merging
or intersecting traffic. Except for roof signs, wall signs and free standing signs against the wall of a building, no ground
sign shall be placed within 35 feet of either highway right-of-way at an intersection where they converge, unless the base
of such sign shall be at least 8 feet above ground level or road bed, whichever is higher.
b. Interstate highways and controlled access highways on the federal aid primary system.
1. No two structures shall be spaced less than 500 feet apart.
2. Outside of incorporated cities and towns, no structure may be located within 500 feet of an interchange, intersection at
grade, rest area or information center (measured along the interstate or freeway from the beginning or ending of pavement
widening at the exit from or entrance to the main traveled way).
c. Non-controlled access federal aid primary highways.
1. Outside of incorporated cities and towns, no 2 structures shall be spaced less than 300 feet apart.
2. Within incorporated cities and towns, no 2 structures shall be spaced less than 100 feet apart.
d. The above spacing-between-structures provisions do not apply to structures separated by buildings or other obstructions
in such a manner that only 1 sign facing located within the above spacing distances is visible from the highway at any one
time.
e. Official and "on premise" signs, as defined in subsection (c) of § 131 of Title 23, United States Code, and structures
that are not lawfully maintained shall not be counted nor shall measurements be made from them for purposes of determining
compliance with spacing requirements.
f. The minimum distance between structures shall be measured along the nearest edge of the pavement between points directly
opposite the signs along each side of the highway and shall apply only to structures located on the same side of the highway.
(3) Lighting. -- Signs may be illuminated, subject to the following restrictions.
a. Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited,
except those giving public service information such as time, date, temperature, weather, or traffic conditions, or as defined
in paragraph (3)e. of this section.
b. Signs which are not effectively shielded to prevent beams or rays of light from being directed at any portion of the traveled
ways of an interstate or federal-aid primary highway and which are of such intensity or brilliance as to cause glare or to
impair the vision of a driver of a motor vehicle or which otherwise obscure or interfere with a driver's operation of a motor
vehicle are prohibited.
c. A sign may not be illuminated so that it interferes with the effectiveness of, or obscures, an official traffic control
device such as a sign or signal.
d. All lighting is subject to any other provisions of law relating to the lighting of signs presently applicable to all highways
under the jurisdiction of the State.
e. Notwithstanding the provisions of paragraphs (b)(3)a. through d. of this section, signs commonly known as variable message
signs may be changed at intervals by electronic or mechanical process or remote control, and are permitted within 660 feet
of the edge of the right-of-way of any interstate or federal-aid primary highway so designated as of June 1, 1991, and of
the National Highway System. These variable message signs are permitted, except as prohibited by local ordinance or zoning
regulation or by the Delaware federal-state outdoor advertising agreement of May 1, 1968, and are not considered to be in
violation of flashing, intermittent, or moving lights criteria provided that:
1. Each message remains fixed for a minimum of at least 10 seconds.
2. When the message is changed, it must be accomplished in 1 second or less, with all moving parts or illumination changing
simultaneously and in unison.
3. A variable message sign along the same roadway and facing in the same direction of travel may not be placed, as measured
along the centerline of the roadway, within 2,500 feet of another variable message sign, or within 500 feet of a static billboard
sign regulated by this section, or within 1,000 feet of an interchange, interstate junction of merging or diverging traffic,
or an at-grade intersection.
4. A variable message sign must contain a default design that will freeze the sign in 1 position if a malfunction occurs or,
in the alternative, that will shut down.
5. A variable message sign may not contain or display any lights, effects, or messages that flash, move, appear to be animated
or to move, scroll, or change in intensity during the fixed display period. A variable message sign must appropriately adjust
display brightness as ambient light levels change.
6. A sign that attempts or appears to attempt to direct the movement of traffic or which contains wording, color, shapes,
or likenesses of official traffic control devices is prohibited.
7. A sign may not be placed along designated Delaware byways.
(4) The State and local political subdivisions shall have full authority under their own zoning laws to zone areas for commercial
or industrial purposes and the action of the State and local political subdivisions in this regard will be accepted for the
purposes of this chapter. At any time that a political subdivision adopts regulations which include the size, lighting and
spacing of outdoor advertising, the State shall so certify to the administrator and control of outdoor advertising in commercial
or industrial areas will transfer to subsection (a) of this section.
17 Del. C. 1953, § 1110; 57 Del. Laws, c. 276; 57 Del. Laws, c. 633, §§ 3-6; 60 Del. Laws, c. 290, § 2; 61 Del. Laws, c. 262, § 16; 76 Del. Laws, c. 144, § 1; 77 Del. Laws, c. 367, § 1.;
§ 1111. Public nuisance; abatement.
(a) Any outdoor advertising sign, display or device which is erected or maintained in violation of this chapter or any regulations
lawfully adopted pursuant to this chapter is declared to be a public nuisance and may be forthwith removed, obliterated or
abated by the Department, its employees or any peace officer of this State, when such violation is not corrected after 30
days' written notice of the violation to the owner of the sign, display or device or to the owner, lessee or occupant of the
land upon which the sign, display or device is located. All costs incurred by the Department in abating a nuisance pursuant
to this section shall be the responsibility of the owner of the sign, display or device and the Department shall have an action
at law to recover such costs, as well as the expenses of suit.
When any sign is damaged, or falls into disrepair to the extent that obvious repairs are needed, the owner shall be notified
in writing by the Department to make all necessary repairs. If the sign is not repaired, rebuilt or removed within 30 days
of the notification, the applicable sign permit shall lapse and become null and void.
(b) Any person, business or company which knowingly paints, builds and erects or maintains an outdoor advertising sign without
a permit shall be in violation of the chapter.
(c)(1) Any outdoor advertising sign, display or device which is erected or maintained in violation of § 1108(b)(1) of this
title shall be subject to immediate removal and the other enforcement provisions of § 525 of this title, without regard to
the clear zone distance limitations of that section.
(2) Paragraph (c)(1) of this section shall not apply during the 30-day period immediately preceding and the 30-day period
after an election administered pursuant to Title 15, in those election districts affected by such election or elections.
42 Del. Laws, c. 182, § 13; 17 Del. C. 1953, § 1111; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276; 57 Del. Laws, c. 633, § 12; 60 Del. Laws, c. 290, §§ 4, 5; 75 Del. Laws, c. 98, § 124.;
§ 1112. Injunctive relief.
The Department or any taxpayer may maintain an action for an injunction to restrain any violation or threatened violation
of this chapter or of any regulation lawfully adopted pursuant thereto.
42 Del. Laws, c. 182, § 13; 17 Del. C. 1953, § 1112; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276.;
§ 1113. Penalties.
Whoever violates this chapter or any regulation lawfully adopted pursuant to this chapter shall be fined not less than $10
nor more than $50.
Each day that a violation is allowed to continue after 30 days' written notice of its existence shall constitute a separate
offense.
42 Del. Laws, c. 182, § 13; 17 Del. C. 1953, § 1113; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276.;
§ 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 outdoor advertising signs, displays
and devices in controlled areas:
(1) Outdoor advertising signs, displays and devices 32 square feet or less erected or maintained upon real property and placed
on the premises to identify a business conducted thereon.
(2) Outdoor advertising signs, displays and devices (containing 12 square feet or less in areas zoned residential or 32 square
feet or less in areas zoned otherwise) upon real property stating that the property, or a part thereof, is for sale or for
rent.
(3) A notice or advertisement required by law in any legal proceeding or put upon the property by public authority.
(4) A danger or precautionary sign containing 2 square feet or less relating to the premises or a sign warning of the condition
of or danger of travel on a highway.
(5) Any notice or sign of any railroad or other transportation or transmission or communication company necessary for the
direction or information or safety of the public.
(6) Any sign containing 6 square feet or less and directing travelers to any town, village, city, historical site or attractions,
provided the same is maintained at public expense.
(7) Nonofficial signs displayed on transit shelters under contracts approved by the Department.
42 Del. Laws, c. 182, § 8; 17 Del. C. 1953, § 1114; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276; 60 Del. Laws, c. 290, § 6; 61 Del. Laws, c. 262, §§ 17, 18; 63 Del. Laws, c. 178, §§ 1, 2; 71 Del. Laws, c. 318, §§ 2, 3.;
§§ 1115-1119. [Reserved.]
§ 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 application directly involved in the controversy in which such judgment shall have been rendered, and shall not affect
or impair the remainder of this chapter or the application thereof.