Subchapter II. Areas Adjacent to Highways of the Interstate and Primary Systems
§ 1121. Limitations of outdoor advertising in controlled areas.
Subject to § 1122 of this title, no outdoor advertising sign, display or device, any part of the advertising, informative
or attention attracting contents of which is visible from the main traveled way of a highway of the interstate system or primary
system, shall be erected or maintained within a controlled area, unless it shall come within 1 or more of the following categories:
(1) Directional and other official signs and notices, which signs and notices shall include, but not be limited to, signs
and notices pertaining to natural wonders, scenic and historic attractions as authorized or required by the laws of this State;
(2) Signs, displays and devices advertising the sale or lease of the real property upon which they are located;
(3) Signs, displays and devices advertising activities conducted on the real property upon which they are located;
(4) Signs, displays and devices located either (i) in controlled areas adjacent to the interstate system and within the boundaries
of incorporated municipalities, as such boundaries existed on September 21, 1959, wherein the use of real property is subject
to municipal regulation and control, which are zoned industrial or commercial, or (ii) in other controlled areas adjacent
to the interstate system zoned industrial or commercial which were zoned industrial or commercial as of September 21, 1959;
(5) Signs, displays and devices located in controlled areas adjacent to highways of the primary system which are zoned industrial
or commercial;
(6) Signs, displays and devices located in unzoned commercial and industrial controlled areas adjacent to highways of the
primary system and defined by regulations to be promulgated by the Department;
(7) Any school bus waiting shelter displaying a sign provided such sign does not exceed 32 square feet in area and with a
limit of 2 signs per shelter. Should the State Department of Education determine that there is no longer a need for a waiting
shelter at its present location, the exemption provided by this paragraph shall then terminate.
Such outdoor advertising signs, displays and devices as are permitted in controlled areas under this section shall be erected
and maintained only in conformity with such applicable regulations as may be promulgated by the Department under § 1103 of
this title.
17 Del. C. 1953, § 1121; 57 Del. Laws, c. 276; 57 Del. Laws, c. 633, § 13; 61 Del. Laws, c. 262, §§ 19-21; 71 Del. Laws, c. 318, § 5.;
§ 1122. Removal of nonconforming advertising; fair compensation.
(a) Just compensation shall be paid upon the removal of the following outdoor advertising signs, displays and devices:
(1) Those lawfully in existence on July 14, 1969;
(2) Those lawfully on any highway made a part of the interstate or federal-aid primary system on or after July 14, 1969; and
(3) Those lawfully erected on or after July 14, 1969.
(b) The Department is authorized to acquire the necessary right in and to property and is directed to pay compensation therefor
in the same manner as with other property acquired for state highway purposes with respect to the foregoing outdoor advertising
signs, displays and devices. The compensation to be paid shall be for the following:
(1) The taking from the owner of such sign, display or device of all right, title, leasehold and interest in such sign, display
and device; and
(2) The taking from the owner of the real property on which such sign, display or device is located, of the right to erect
and maintain such signs, displays or devices thereon. Notwithstanding these provisions, no rights in and to property shall
be acquired with respect to any outdoor advertising sign, display or device except to the extent that federal funds authorized
to be appropriated pursuant to the federal "Highway Beautification Act of 1965," as amended, to reimburse the State for 75%
of the cost thereof, are in fact appropriated and allocated to the State for that purpose.
17 Del. C. 1953, § 1122; 57 Del. Laws, c. 276.;
§ 1123. Advertising in rest areas.
In order to provide information in the specific interest of the traveling public, the Department is authorized to maintain
maps and to permit informational directories and advertising pamphlets to be made available at rest areas and to establish
information centers in such areas for the purpose of informing the public of places of interest within the State and providing
such other information as may be considered desirable, provided, however, that no such information centers shall be established
within controlled areas adjacent to the interstate system without the approval of the Secretary of Transportation of the United
States.
17 Del. C. 1953, § 1123; 57 Del. Laws, c. 276; 61 Del. Laws, c. 262, § 22.;
§ 1124. Signs, displays and devices providing information for the traveling public; location.
Signs, displays and devices giving specific information in the interest of the traveling public may be erected and maintained,
pursuant to agreement between the Department and the Secretary of Transportation of the United States, within the right-of-way
of highways of the interstate system, at appropriate distances from interchanges on such systems.
17 Del. C. 1953, § 1124; 57 Del. Laws, c. 276.;
§ 1125. Agreements with federal government or agencies.
The Department may enter into agreements, consistent with this chapter, with the Secretary of Transportation of the United
States relating to the control of outdoor advertising in controlled areas and take action in the name of the State to comply
with the terms of such agreements.
The Department may accept allotment of funds by the United States, or any department or agency thereof, authorized by the
Federal-Aid Highway Act of 1958, or any subsequent legislation supplementary to or amending such Act, in connection with any
agreement entered into by the Department and the Secretary of Transportation of the United States relating to the control
of outdoor advertising in controlled areas adjacent to the interstate and/or primary system.
17 Del. C. 1953, § 1125; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276; 61 Del. Laws, c. 262, § 23.;
§ 1126. Relationship of subchapter to other provisions of chapter.
The provisions of this subchapter relating to the regulation of outdoor advertising in controlled areas are in addition to,
and not in lieu of, subchapter I of this chapter.
Subchapter II. Areas Adjacent to Highways of the Interstate and Primary Systems
§ 1121. Limitations of outdoor advertising in controlled areas.
Subject to § 1122 of this title, no outdoor advertising sign, display or device, any part of the advertising, informative
or attention attracting contents of which is visible from the main traveled way of a highway of the interstate system or primary
system, shall be erected or maintained within a controlled area, unless it shall come within 1 or more of the following categories:
(1) Directional and other official signs and notices, which signs and notices shall include, but not be limited to, signs
and notices pertaining to natural wonders, scenic and historic attractions as authorized or required by the laws of this State;
(2) Signs, displays and devices advertising the sale or lease of the real property upon which they are located;
(3) Signs, displays and devices advertising activities conducted on the real property upon which they are located;
(4) Signs, displays and devices located either (i) in controlled areas adjacent to the interstate system and within the boundaries
of incorporated municipalities, as such boundaries existed on September 21, 1959, wherein the use of real property is subject
to municipal regulation and control, which are zoned industrial or commercial, or (ii) in other controlled areas adjacent
to the interstate system zoned industrial or commercial which were zoned industrial or commercial as of September 21, 1959;
(5) Signs, displays and devices located in controlled areas adjacent to highways of the primary system which are zoned industrial
or commercial;
(6) Signs, displays and devices located in unzoned commercial and industrial controlled areas adjacent to highways of the
primary system and defined by regulations to be promulgated by the Department;
(7) Any school bus waiting shelter displaying a sign provided such sign does not exceed 32 square feet in area and with a
limit of 2 signs per shelter. Should the State Department of Education determine that there is no longer a need for a waiting
shelter at its present location, the exemption provided by this paragraph shall then terminate.
Such outdoor advertising signs, displays and devices as are permitted in controlled areas under this section shall be erected
and maintained only in conformity with such applicable regulations as may be promulgated by the Department under § 1103 of
this title.
17 Del. C. 1953, § 1121; 57 Del. Laws, c. 276; 57 Del. Laws, c. 633, § 13; 61 Del. Laws, c. 262, §§ 19-21; 71 Del. Laws, c. 318, § 5.;
§ 1122. Removal of nonconforming advertising; fair compensation.
(a) Just compensation shall be paid upon the removal of the following outdoor advertising signs, displays and devices:
(1) Those lawfully in existence on July 14, 1969;
(2) Those lawfully on any highway made a part of the interstate or federal-aid primary system on or after July 14, 1969; and
(3) Those lawfully erected on or after July 14, 1969.
(b) The Department is authorized to acquire the necessary right in and to property and is directed to pay compensation therefor
in the same manner as with other property acquired for state highway purposes with respect to the foregoing outdoor advertising
signs, displays and devices. The compensation to be paid shall be for the following:
(1) The taking from the owner of such sign, display or device of all right, title, leasehold and interest in such sign, display
and device; and
(2) The taking from the owner of the real property on which such sign, display or device is located, of the right to erect
and maintain such signs, displays or devices thereon. Notwithstanding these provisions, no rights in and to property shall
be acquired with respect to any outdoor advertising sign, display or device except to the extent that federal funds authorized
to be appropriated pursuant to the federal "Highway Beautification Act of 1965," as amended, to reimburse the State for 75%
of the cost thereof, are in fact appropriated and allocated to the State for that purpose.
17 Del. C. 1953, § 1122; 57 Del. Laws, c. 276.;
§ 1123. Advertising in rest areas.
In order to provide information in the specific interest of the traveling public, the Department is authorized to maintain
maps and to permit informational directories and advertising pamphlets to be made available at rest areas and to establish
information centers in such areas for the purpose of informing the public of places of interest within the State and providing
such other information as may be considered desirable, provided, however, that no such information centers shall be established
within controlled areas adjacent to the interstate system without the approval of the Secretary of Transportation of the United
States.
17 Del. C. 1953, § 1123; 57 Del. Laws, c. 276; 61 Del. Laws, c. 262, § 22.;
§ 1124. Signs, displays and devices providing information for the traveling public; location.
Signs, displays and devices giving specific information in the interest of the traveling public may be erected and maintained,
pursuant to agreement between the Department and the Secretary of Transportation of the United States, within the right-of-way
of highways of the interstate system, at appropriate distances from interchanges on such systems.
17 Del. C. 1953, § 1124; 57 Del. Laws, c. 276.;
§ 1125. Agreements with federal government or agencies.
The Department may enter into agreements, consistent with this chapter, with the Secretary of Transportation of the United
States relating to the control of outdoor advertising in controlled areas and take action in the name of the State to comply
with the terms of such agreements.
The Department may accept allotment of funds by the United States, or any department or agency thereof, authorized by the
Federal-Aid Highway Act of 1958, or any subsequent legislation supplementary to or amending such Act, in connection with any
agreement entered into by the Department and the Secretary of Transportation of the United States relating to the control
of outdoor advertising in controlled areas adjacent to the interstate and/or primary system.
17 Del. C. 1953, § 1125; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276; 61 Del. Laws, c. 262, § 23.;
§ 1126. Relationship of subchapter to other provisions of chapter.
The provisions of this subchapter relating to the regulation of outdoor advertising in controlled areas are in addition to,
and not in lieu of, subchapter I of this chapter.
Subchapter II. Areas Adjacent to Highways of the Interstate and Primary Systems
§ 1121. Limitations of outdoor advertising in controlled areas.
Subject to § 1122 of this title, no outdoor advertising sign, display or device, any part of the advertising, informative
or attention attracting contents of which is visible from the main traveled way of a highway of the interstate system or primary
system, shall be erected or maintained within a controlled area, unless it shall come within 1 or more of the following categories:
(1) Directional and other official signs and notices, which signs and notices shall include, but not be limited to, signs
and notices pertaining to natural wonders, scenic and historic attractions as authorized or required by the laws of this State;
(2) Signs, displays and devices advertising the sale or lease of the real property upon which they are located;
(3) Signs, displays and devices advertising activities conducted on the real property upon which they are located;
(4) Signs, displays and devices located either (i) in controlled areas adjacent to the interstate system and within the boundaries
of incorporated municipalities, as such boundaries existed on September 21, 1959, wherein the use of real property is subject
to municipal regulation and control, which are zoned industrial or commercial, or (ii) in other controlled areas adjacent
to the interstate system zoned industrial or commercial which were zoned industrial or commercial as of September 21, 1959;
(5) Signs, displays and devices located in controlled areas adjacent to highways of the primary system which are zoned industrial
or commercial;
(6) Signs, displays and devices located in unzoned commercial and industrial controlled areas adjacent to highways of the
primary system and defined by regulations to be promulgated by the Department;
(7) Any school bus waiting shelter displaying a sign provided such sign does not exceed 32 square feet in area and with a
limit of 2 signs per shelter. Should the State Department of Education determine that there is no longer a need for a waiting
shelter at its present location, the exemption provided by this paragraph shall then terminate.
Such outdoor advertising signs, displays and devices as are permitted in controlled areas under this section shall be erected
and maintained only in conformity with such applicable regulations as may be promulgated by the Department under § 1103 of
this title.
17 Del. C. 1953, § 1121; 57 Del. Laws, c. 276; 57 Del. Laws, c. 633, § 13; 61 Del. Laws, c. 262, §§ 19-21; 71 Del. Laws, c. 318, § 5.;
§ 1122. Removal of nonconforming advertising; fair compensation.
(a) Just compensation shall be paid upon the removal of the following outdoor advertising signs, displays and devices:
(1) Those lawfully in existence on July 14, 1969;
(2) Those lawfully on any highway made a part of the interstate or federal-aid primary system on or after July 14, 1969; and
(3) Those lawfully erected on or after July 14, 1969.
(b) The Department is authorized to acquire the necessary right in and to property and is directed to pay compensation therefor
in the same manner as with other property acquired for state highway purposes with respect to the foregoing outdoor advertising
signs, displays and devices. The compensation to be paid shall be for the following:
(1) The taking from the owner of such sign, display or device of all right, title, leasehold and interest in such sign, display
and device; and
(2) The taking from the owner of the real property on which such sign, display or device is located, of the right to erect
and maintain such signs, displays or devices thereon. Notwithstanding these provisions, no rights in and to property shall
be acquired with respect to any outdoor advertising sign, display or device except to the extent that federal funds authorized
to be appropriated pursuant to the federal "Highway Beautification Act of 1965," as amended, to reimburse the State for 75%
of the cost thereof, are in fact appropriated and allocated to the State for that purpose.
17 Del. C. 1953, § 1122; 57 Del. Laws, c. 276.;
§ 1123. Advertising in rest areas.
In order to provide information in the specific interest of the traveling public, the Department is authorized to maintain
maps and to permit informational directories and advertising pamphlets to be made available at rest areas and to establish
information centers in such areas for the purpose of informing the public of places of interest within the State and providing
such other information as may be considered desirable, provided, however, that no such information centers shall be established
within controlled areas adjacent to the interstate system without the approval of the Secretary of Transportation of the United
States.
17 Del. C. 1953, § 1123; 57 Del. Laws, c. 276; 61 Del. Laws, c. 262, § 22.;
§ 1124. Signs, displays and devices providing information for the traveling public; location.
Signs, displays and devices giving specific information in the interest of the traveling public may be erected and maintained,
pursuant to agreement between the Department and the Secretary of Transportation of the United States, within the right-of-way
of highways of the interstate system, at appropriate distances from interchanges on such systems.
17 Del. C. 1953, § 1124; 57 Del. Laws, c. 276.;
§ 1125. Agreements with federal government or agencies.
The Department may enter into agreements, consistent with this chapter, with the Secretary of Transportation of the United
States relating to the control of outdoor advertising in controlled areas and take action in the name of the State to comply
with the terms of such agreements.
The Department may accept allotment of funds by the United States, or any department or agency thereof, authorized by the
Federal-Aid Highway Act of 1958, or any subsequent legislation supplementary to or amending such Act, in connection with any
agreement entered into by the Department and the Secretary of Transportation of the United States relating to the control
of outdoor advertising in controlled areas adjacent to the interstate and/or primary system.
17 Del. C. 1953, § 1125; 53 Del. Laws, c. 87, § 1; 57 Del. Laws, c. 276; 61 Del. Laws, c. 262, § 23.;
§ 1126. Relationship of subchapter to other provisions of chapter.
The provisions of this subchapter relating to the regulation of outdoor advertising in controlled areas are in addition to,
and not in lieu of, subchapter I of this chapter.