§ 526 — Restrictions against commercial use of State rights-of-way; site-based enforcement mechanisms

Delaware § 526

• Jurisdiction: Delaware
• Title: 17
• Ch. 5: HIGHWAYS, ROADS AND BRIDGES GENERALLY

Text

(a) Except as provided in subsection (b) of this section, there shall be no commercial activity within any rights-of-way under the Department’s jurisdiction in the unincorporated areas of the State. As used herein, “commercial activity” includes, without limitation, such activities as the placement of news boxes in such rights-of-way for the sale of newspapers, the placement of vending machines in such rights-of-way for the sale of goods, the placement of commercial advertising signs in such rights-of-way or the sale of goods from vehicles parked within such rights-of-way. If a commercial activity occurs within the clear zone of any such rights-of-way, the Department shall treat the machines, fixtures, signs or other materials used in such activity as an artificial obstruction under § 525 of this title, and may undertake the immediate removal of said materials as authorized therein.

(b) Any of the following commercial uses of the rights-of-way shall be subject to enforcement under Chapter 11 of this title:

(1) Commercial activities occurring outside the clear zone; or

(2) The placement of nonofficial signs outside the clear zone; or

(3) The placement of vending machines at designated locations at safety roadside rest areas, as permitted by § 132(c)(14) of this title; or

(4) The placement of news boxes outside the clear zone; or

(5) Signs displayed on any school bus waiting shelter located with the approval of the Department of Education; or

(6) Nonofficial signs displayed on transit shelters pursuant to Department-approved contracts.

Legislative History

71 Del. Laws, c. 318, § 7