Delaware Code Title 17 Sec. 1108 – Location and condition of advertising regulated
(a) Subject to subsection (c) of this section, no outdoor advertising sign, display or device, except a directional, gateway, or warning sign, official sign or notice erected by or with the approval of the Department, shall 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.
Terms Used In Delaware Code Title 17 Sec. 1108
- Department: means the Department of Transportation. See Delaware Code Title 17 Sec. 1102
- Gateway sign: means any sign, display, or device intended for its purpose to provide information to the travelling public advising motorists that they are entering the boundaries of a political subdivision or established nonincorporated area of the State. See Delaware Code Title 17 Sec. 1102
- highway: include any public way or road or portion thereof and any sewer, drain or drainage system connected therewith and any bridge, culvert, viaduct or other construction or artificial way used in connection therewith and anything which is accessory to any of the same or to the use thereof. See Delaware Code Title 17 Sec. 101
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Railroad: means a road, the cars, carriages and coaches on which are propelled by steam power, electricity, cable, motor or any improved motive power. See Delaware Code Title 17 Sec. 101
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Visible: means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity. See Delaware Code Title 17 Sec. 1102
(b) Subject to subsection (c) and subsection (d) of this section, no outdoor advertising sign, display or device, except a gateway sign or historical marker erected 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 or persons 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; 79 Del. Laws, c. 320, § ?1; 80 Del. Laws, c. 23, § ?1;