Chapter 1

§ 101 Definitions. (a) As used in this title, unless the context indicates a different intent: (1) “Construction” means the first complete building or rebuilding of a highway after it has been converted into a state highway upon a modern engineering design with a permanent foundation of cement, concrete or other equally hard and permanent material and a top dressing of suitable material to economically withstand the wear of the particular traffic to which such highway will probably be subject with an adequate drainage system so that such highway, with reasonable maintenance, can reasonably be expected to endure for upwards of 40 years. (2) A “Delaware byway” is a transportation route which is adjacent to or runs along or next to an area that has particular intrinsic scenic, historic, recreational, cultural or archaeological qualities and for which such transportation route is managed in order to protect such characteristics and to encourage development of tourism and recreational resources. (3) “Department” means the Department of Transportation. (4) “Express highway” means a state highway especially designed for through traffic over which owners of abutting property shall have no easement or right of direct access, light or air, by reason of the fact that this property abuts on such highway, and it shall have only such public entrances or exits as shall be designated by the Department and may be with or without service roads in the discretion of the Department. (5) “Maintenance,” as applied to constructed or reconstructed highways, is the upkeep and support thereof with true surfaces in a hard, smooth condition as when such highways were constructed or reconstructed and with proper and adequate drainage systems; as applied to state highways not constructed or reconstructed, is the upkeep and support thereof in as high a condition of perfection as is consistent with the character of such unconstructed or unreconstructed highway and shall include the keeping of the right-of-way of all state highways clear of underbrush and debris which might interfere with the drainage or injure the foundation of such highways and the setting out and preserving of trees where desirable along such right-of-way. (6) “Public carrier” includes every individual, partnership, association, corporation, joint stock company, agency or department of this State, or any association of individuals engaged in the prosecution in common of a productive enterprise (commonly called a “cooperative”), their lessees, trustees, or receivers appointed by any court whatsoever, that now operates or hereafter may operate, within this State, any railroad, street railway, traction railway, motor bus or electric trackless trolley coach service, system, plant or equipment for public use. (7) “Railroad” means a road, the cars, carriages and coaches on which are propelled by steam power, electricity, cable, motor or any improved motive power. (8) “Reconstruction” is the first extensive repairing of an improved road converted into a state highway, and before the Department has constructed such highway, as in the opinion of the Department and the Secretary of Transportation, will result in a state highway of such permanency that there will be a net saving of reconstruction. (9) “Road” and “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. (10) “Secretary” means the Secretary of Transportation. (11) “State highway” includes any road or highway or portion thereof which the Department has constructed or of which the Department has taken or assumed control or jurisdiction. (b) As used in this title, “construct” and “constructed” shall be defined in accordance with the definition of “construction”; “reconstruct” and “reconstructed” shall be defined in accordance with the definition of “reconstruction”; “maintain” and “maintained” shall be defined in accordance with the definition of “maintenance.” 29 Del. Laws, c. 63, §  1 ; Code 1935, §  5720; 47 Del. Laws, c. 406, §  2 ; 17 Del. C. 1953, §  101; 53 Del. Laws, c. 255 ; 57 Del. Laws, c. 671, §§  1A-1C ; 59 Del. Laws, c. 393, §  3 ; 60 Del. Laws, c. 503, §§  18, 19 ; 72 Del. Laws, c. 444, §  1 ; 77 Del. Laws, c. 367, §  2 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 111 Secretary of Transportation; powers and duties; Chief Engineer. (a) The Secretary of Transportation shall, immediately upon assuming the duties of office and from time to time, recommend to the Department a program for the improvement of state highways and for the inclusion of additional roads or portions of roads in the state highway system, the probable cost of the construction or reconstruction of such roads or portions of roads and the roads or portions of roads which should first be improved and the probable amount of construction which could be undertaken. (b) The Secretary shall employ, promote and discharge all persons hired by the Department, including a Chief Engineer, for the performance of work for which the Secretary is responsible. All such employment, promotion and discharge shall comply with the laws applicable to the Department. (c) The Chief Engineer shall be not less than 30 years of age; the Chief Engineer shall be a civil engineer registered or eligible for registration as such in Delaware and shall have been in active practice of the profession for at least 10 years; the Chief Engineer shall have had responsible charge of road engineering work for at least 5 years; and the Chief Engineer shall be qualified to design as well as direct road engineering work. Graduation from a school of engineering of recognized reputation shall be considered as equivalent to 2 years of active practice. The total compensation to be paid to the Chief Engineer and the allocation thereof between the Department and any other public agency or office for services performed for the Department and any other public agency shall be determined by the Department. 17 Del. C. 1953, §  116; 53 Del. Laws, c. 39, §  3 ; 57 Del. Laws, c. 671, §§  1B, 1D ; 60 Del. Laws, c. 503, §  19 ; 70 Del. Laws, c. 186, §  1 ; § 112 Liability insurance for Department employees. The Department shall enter into a contract with a reliable insurance company or companies doing business in this State to insure the employees of the Department against injury or death incurred while performing their duties as employees of the Department. The Department shall be the sole judge of the kind of insurance and the amount thereof which will best execute such purpose. 17 Del. C. 1953, §  118; 53 Del. Laws, c. 39, §  1 ; § 113 Appointment and powers of notaries public. In addition to the notaries public now provided by law in the several counties, the Governor shall appoint 4 employees of the Department, 1 residing in New Castle County, 1 residing in Kent County and 2 residing in Sussex County, notaries public to hold office not exceeding 2 years. Such notaries public may not exercise their office or take affidavits or acknowledgments except on documents and papers for the benefit of the Department, and for which they shall make no charge. Whenever any such person appointed notary public ceases to be an employee of the Department, the notary public’s authority as such notary public shall cease, and thereupon the Governor may appoint another employee of the Department a notary public in the person’s place. The Governor may appoint additional employees of the Department as notaries public as may be deemed necessary, to which the requirements of this section shall apply. 17 Del. C. 1953, §  119; 53 Del. Laws, c. 39, §  3 ; 65 Del. Laws, c. 38, §  1 ; 70 Del. Laws, c. 186, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 131 General jurisdiction. (a) All the public roads, causeways, highways and bridges in this State which have been or may hereafter be constructed, acquired or accepted by the Department of Transportation shall be under the absolute care, management and control of the Department. (b) All roads and streets situate in unincorporated suburban communities throughout the State which were built or created between July 1, 1935, and July 1, 1951, whether paved or unpaved, shall henceforth be under the absolute care, management and control of the Department and shall be maintained, repaired and reconstructed by the said Department. (c) The Department shall immediately commence the necessary preliminary work in order to bring these roads up to proper standards as soon as possible with due consideration for the immediate needs of certain areas. (d) The general jurisdiction conferred upon the Department by this section shall be exercised by it by the establishment and supervision of any and all policies which may be necessary or appropriate to implement such jurisdiction. (e) All roads and streets not dedicated to the public use and intended to be private, as indicated on the filing plan, situated in an unincorporated suburban community within the State, shall be constructed in accordance with rules and regulations adopted by the county in which such road or street is located. Such rules and regulations for construction of private subdivision streets and roads shall, in addition to specifying standards for the design and construction of such private streets and roads, establish a mechanism to provide for the perpetual maintenance of such private streets and roads, but in no event shall the State or county be responsible for such maintenance. In addition, the following provisions shall apply to all such streets and roads: (1) In the event that the county has not adopted rules and regulations for construction of private subdivisions, streets and roads or such rules and regulations have been established and there is no mechanism contained therein to provide for the perpetual maintenance of private subdivision streets or roads, all such roads or streets shall be constructed in accordance with standards set forth by the Department of Transportation, Division of Highways, for streets and roads dedicated to public use. (2) Private roads or streets shall not be accepted for maintenance by the State until: a. The right-of-way for the streets and roads has been dedicated to the public use, accepted by the State and the streets and roads constructed or reconstructed at the expense of the property owners in accordance with the standards established by the Department of Transportation, Division of Highways, for streets and roads dedicated to public use in accordance with Chapter 5 of Title 9; and b. The Department’s Division Engineer, Maintenance Engineer and Subdivision Engineer, if applicable, for the division in which the roads are situated have each certified that the roads to be accepted by the State have been constructed or reconstructed in accordance with the construction plans approved by the Department; and c. Copies of such certifications have been forwarded to the members of the General Assembly in whose districts the roads to be accepted are situated. (3) In the event any real property with road frontage or a private road or street, constructed or reconstructed pursuant to this section, which road or street is not to be maintained by the State, is conveyed subsequent to such construction or reconstruction, the deed conveying such real property shall contain a statement that such private street or road is not maintained by the State. (4) Any private road, street or thoroughfare in the State shall be constructed either in accordance with state standards and pursuant to department rules and regulations or pursuant to rules and regulations established by the county. In either event, a mechanism for perpetual maintenance must be established. The State and county shall have concurrent jurisdiction to enforce the requirements of this section by legal or equitable means. The county shall withhold the issuance of building or occupancy permits for any structure abutting such road, street or thoroughfare to insure compliance with the requirements of this section. (f) The Department of Transportation, Division of Highways, is hereby authorized to inspect all suburban community street construction and to establish and collect fees for the inspection of said street construction in amounts deemed necessary to defray costs of administering this section. All fees collected shall be placed to the credit of the Department of Transportation, Division of Highways. (g) All roads and streets situated in unincorporated suburban communities throughout the State which were built between July 1, 1951, and July 1, 1975, whether paved or unpaved, shall, upon dedication of a right-of-way to public use, henceforth be under the absolute care, management and control of the Department of Transportation, Division of Highways, and shall be maintained, repaired and reconstructed by the said Department of Transportation, Division of Highways. Said right-of-way shall be determined by the Department of Transportation, Division of Highways, in accordance with physical conditions, but in no case shall be less than 30 feet in width. Dedication of the right-of-way must occur prior to June 30, 1978, to qualify for the aforementioned responsibilities under the auspices of this section. (h) The Department of Transportation, Division of Highways, is hereby authorized and directed to immediately inventory all streets which may fall within this category and upon completion begin the necessary maintenance. Work to bring these roads up to proper standards, with due consideration for the immediate needs of certain areas, shall be undertaken as time and funds permit. (i) In connection with the Department’s review of subdivision proposals affecting the transportation system, it is authorized to collect fees for the costs of administering the subdivision approval process. The fees for such purposes shall be as follows: Initial stage fee: 1. Plan review, residential subdivisions of 5 lots or more: $400 plus $10 per lot; 2. Plan review, nonresidential property: $500 plus $20 per lot or $20 per 1,000 square feet of gross floor area, whichever is greater. Construction stage fee: 1. Residential subdivisions of 5 lots or more: 125% of initial stage fee; 2. Nonresidential property: 150% of initial stage fee. For review of residential subdivisions of 4 lots or less, in lieu of the staged fees set forth above, there shall be a single fee of $100. If all or a portion of the property subject to this fee is re-subdivided within 10 years of the payment of this fee, that subdivision shall be treated for fee purposes as if planned for 5 lots or more. All fees collected shall be deposited to the credit of the Transportation Trust Fund, established in Title 2. 40 Del. Laws, c. 107, §§  1, 2 ; Code 1935, §  1645; 17 Del. C. 1953, §  131; 50 Del. Laws, c. 380, §  1 ; 53 Del. Laws, c. 39, §  4 ; 57 Del. Laws, c. 671, §  1C ; 60 Del. Laws, c. 185, §  1 ; 60 Del. Laws, c. 450, §  1 ; 60 Del. Laws, c. 503, §  18 ; 63 Del. Laws, c. 130, §  1 ; 64 Del. Laws, c. 312, §  1 ; 71 Del. Laws, c. 150, §  82 ; 71 Del. Laws, c. 378, §§  87, 88 ; 76 Del. Laws, c. 328, §  1 ; § 132 General powers and duties. (a) The Department shall acquire full information concerning the roads of this State, the nature and improvement thereof, the needs thereof and the character and amount of traffic thereon and such other details as may be necessary or desirable for the Department to have in the performance of its duty of determining upon and laying out, without regard to any personal advantage or disadvantage or bias toward any person or persons, community or political party or organization, consistent and congruous route or routes of state highways with a view to establishing such a consistent, congruous, comprehensive and permanent system of state highways along the route or routes of travel as will accommodate the greatest needs of the people of this State. (b) The Department shall: (1) Determine upon, lay out, construct or reconstruct state highways so as to make roads which, with reasonable maintenance, shall be permanent; (2) Maintain all state highways under its jurisdiction; (3) Maintain a system of accounting adequate to give in detail the expenditures of the Department and the costs of its works; (4) Keep full and accurate minutes of all meetings and records of all proceedings of the Department, which minutes and records shall be public records; (5) Reimburse the owner thereof for the expense (as hereinafter defined) of the relocation of public utility facilities necessitated by any project where the State is to be reimbursed by at least 90% of the cost of such project from federal funds or by the federal government or any agency thereof, such expense to be the amount paid by such owner properly attributable to such relocation after deducting therefrom any increase in the value of the new facilities and any salvage value derived from the old facilities; (6) Install on state land the tile necessary, in the opinion of the Department, to provide adequate entrances and exits to and from the property of adjoining landowners provided: a. The tile is supplied by the adjoining landowners; b. The tile conforms to the specifications established from time to time by the Department; and c. The property is a single residential lot occupied or to be occupied by the land owners and intended for residential use only; or d. The property is agricultural use land. “Agricultural use land” shall mean land devoted to the production for sale of plants and animals useful to humans, including but not limited to: Forages and sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; or when devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to soil conversation program under an agreement with an agency of the federal government. Nothing contained in this subsection shall relieve the Department from the responsibility for replacing tile originally installed by the Department or any governmental agency and subsequently damaged by operations of the Department; (7) Maintain the Van Buren Street Bridge over the Brandywine Creek; (8) Provide relocation assistance to persons displaced as a result of the acquisition for highway purposes of real property upon which they live or conduct a business or farm operation in accordance with Chapter 91 of Title 29. (c) To these ends the Department may do the following: (1) Determine upon and lay out a system of state highways. (2) Take over and convert into state highways any public road by whatever name such road or part thereof, or under whatever authority or control such road or part thereof, may have theretofore existed. (3) Lay out, open, widen, straighten, grade, extend, construct, reconstruct, and maintain any state highway or proposed state highway for the purpose of the improvement of state highways. (4) Acquire by condemnation or otherwise any land, easement, franchise, material, or property, which, in the judgment of the Department, shall be necessary therefor, provided that the Department may not reconstruct a highway unless there will result a net saving or reconstruction, further provided that § 145 of this title may not be deemed to be inconsistent with the provisions under this paragraph (c)(4). (5) Have access to and make copies of maps, surveys, data, or information which any state agency may possess concerning any road in the State. (6) Employ and discharge professional or technical experts, surveyors, agents, assistants, clerks, employees and laborers, skilled and unskilled, and also such advisers and consultants as may be required to accomplish the purposes of the chapter and the other responsibilities of the Department. In the event that the size of the Capital Transportation Program requires overtime to administer in a timely manner, or in the event that: (i) The federal government makes available additional funding for transportation projects which are part of the Department’s Capital Transportation Program; and (ii) use of these funds in a particular federal fiscal year is required to access these funds; and (iii) overtime is required to administer the program within that federal fiscal year to assure the use of these funds, then for these purposes the Department may pay overtime moneys to those employed under this subsection, any relevant Delaware law, rule, or regulation to the contrary notwithstanding. (7) Secure and furnish offices and quarters for the Department. (8) Exclusively grant franchises and licenses to public service corporations or to corporations furnishing gasoline or petroleum products to the air field installation operated by the federal government in Kent County, to use the state highways, in whole or in part, for a term not exceeding 50 years; provided, however, that any franchise or license granted to any such corporation furnishing gasoline or petroleum products to said air field installation shall restrict the use of said state highways to the transmission of gasoline or petroleum products to said air field installation. Any franchise or license owned by any public service corporation on April 2, 1917, is not be affected by this chapter. (9) Make and enter into any and all contracts, agreements or stipulations for the execution of the purposes of this chapter. (10) Purchase all machinery, tools, supplies, material, and instrumentalities whatsoever which may be necessary for the full performance of its duties. (11) Call upon the Attorney General for the Attorney General’s opinion or advice touching its duties or powers. (12) Accept lands by easement or lease in the name of the State in areas where it is deemed necessary to establish dumping areas for the use of the public, supervise and control all areas so accepted and provide suitable passageways to the dumping areas and further, police the areas in order to prevent the spread of pests and disease and make such other regulations and rules as shall be deemed necessary for the purpose of carrying out the intent and purpose of this paragraph. (13) Enter upon the lands or waters of any person for the purpose of surveys, repairs, reconstruction, and operation of publicly financed improvements but subject at all times to responsibility for all and any damages which shall be done to the property of any such person or persons. Water levels to be maintained back of publicly financed sluices, water control structures, dams, and similar structures shall be at a level that will not cause damage to adjoining property, such as seepage of water into basements and wells, and that no lands may be flooded without the owners’ full consent. (14) Place vending machines or other items that will enable drivers to be more rested and refreshed in safety roadside rest areas, unless prohibited by federal laws, rules, or regulations. Any profits derived from such items must be credited to the Department of Transportation Safety Roadside Rest Area Fund. a. There is hereby created within the State Treasury a special fund to be designated as the Department of Transportation Safety Roadside Rest Area Fund which must be used in the operation and maintenance of the roadside rest areas under the jurisdiction of the Department. b. Any profits realized by the Department from items available at existing roadside rest areas that are for the purpose of enabling drivers to be more rested and refreshed must be deposited in the State Treasury to the credit of said Department of Transportation Safety Roadside Rest Area Fund. Such profits must be used by the Department for the operation and maintenance of the safety roadside rest area facilities within its jurisdiction. (d) The Department may also do whatever is incidental and germane to the scope of the duties and powers conferred on it by law. (e) The general powers and duties conferred upon the Department by this section shall be exercised by it by the establishment and supervision of any and all policies pursuant to which such powers and duties shall be carried out. (f) Whenever the Department of Transportation widens, constructs or reconstructs any major arterial, minor arterial, collector road or proposed road in an urbanized area of this State, the Department shall incorporate within such plans, layout, widening, construction or reconstruction the construction of sidewalks, provided there is a need for sidewalks or that it can be reasonably anticipated that the need for sidewalks will exist. The Department shall have the responsibility for determining whether such need for sidewalks does or will exist for all or any part of any such project and, before arriving at a decision as to the need of such sidewalk construction, shall consult with the county department of planning, the State Planning Office, the Department of Education and the local school district in which the proposed new road construction or road widening construction is to take place. The cost of such sidewalk construction shall be included in the total cost of the new road construction or road widening project. This subsection shall apply only to projects funded pursuant to acts authorizing the State to borrow money and issue bonds and notes for capital improvements, enacted after January 1, 1973. (g) The Department shall have exclusive original supervision and regulation of all public carriers and also over their property, property rights, equipment, facilities, franchises, rates, fares, tariffs, regulations, practices, measurements and services. (h) The Department may work in conjunction with any political subdivision of the State and with any private organization to plan and construct such bicycle and pedestrian transportation facilities as may be appropriate. In carrying out this portion of its overall program, the Department may take into consideration in scheduling its projects those in which the affected local community is willing to contribute a matching share (whether in cash, rights of way, or other in-kind services) in order to accomplish the project. (i) (1) The Department shall deploy, operate, and maintain technological systems for the automated monitoring, analysis, and management of transportation infrastructure and traffic operations, including the continued operation of the Delaware Public Crash Database. (2) The technological systems required under paragraph (i)(1) of this section may include intelligent transportation systems, automated traffic monitoring devices, roadway condition sensors, digital imaging systems, artificial intelligence - based analytical tools, and other technologies designed to improve the efficiency, safety, and performance of the transportation network. 29 Del. Laws, c. 63, §  5 ; Code 1935, §  5722; 17 Del. C. 1953, §  132; 49 Del. Laws, c. 262 ; 51 Del. Laws, c. 141, §  1 ; 51 Del. Laws, c. 328 ; 52 Del. Laws, c. 295 ; 53 Del. Laws, c. 39, §§  5, 6, 13 ; 54 Del. Laws, c. 251 ; 55 Del. Laws, c. 14 ; 56 Del. Laws, c. 101 ; 57 Del. Laws, c. 327, §  1 ; 57 Del. Laws, c. 671, §  1F ; 57 Del. Laws, c. 754, §  2 ; 58 Del. Laws, c. 585 ; 59 Del. Laws, c. 393, §  4 ; 60 Del. Laws, c. 386, §  1 ; 60 Del. Laws, c. 503, §  18 ; 62 Del. Laws, c. 384, §  1 ; 68 Del. Laws, c. 98, §  1 ; 68 Del. Laws, c. 156, §  47 ; 70 Del. Laws, c. 186, §  1 ; 73 Del. Laws, c. 65, §  19 ; 73 Del. Laws, c. 351, §  1 ; 75 Del. Laws, c. 98, §  95 ; 83 Del. Laws, c. 37, § 33 ; 85 Del. Laws, c. 344, § 9 ; § 133 Road improvements; additions to state system. With respect to roads or portions thereof, the Department shall determine which if any, shall be improved and which, if any, shall be added to the state highway system. 29 Del. Laws, c. 63 ; 34 Del. Laws, c. 81 ; Code 1935, §  5724; 17 Del. C. 1953, §  133; 53 Del. Laws, c. 39, §  7 ; 57 Del. Laws, c. 671, §  1G ; § 134 Authority in incorporated towns and cities; construction and maintenance of highways; local authority. (a) The Department shall have no power, authority or jurisdiction of the streets of any incorporated city or town, except as otherwise provided in this section, unless such power, authority and jurisdiction shall be voluntarily given and surrendered by such city or town to the Department and then only upon such terms as the Department shall prescribe. (b) When in the judgment of the Department the route for the construction or reconstruction of any state highway should continue through any incorporated city or town, the Department shall construct and maintain the highway through such incorporated city or town, such construction and maintenance to be at the sole expense of the Department. Whenever the Department shall construct a state highway through any incorporated city or town, it shall not change the widths of the streets of the city or town, except with the consent of the duly constituted governing body of the city or town. (c) Whenever the Department shall construct a state highway through an incorporated city or town, it shall have the whole and sole control over such construction and over the maintenance of the highway through the city or town, and such highway shall not be undermined, broken open or anywise torn up for any purpose, except by the permit in writing of the Department. (d) With respect to state highways within their corporate limits, incorporated cities and towns in the State may erect and maintain such traffic control signals as shall be authorized by proper ordinance of the city or town and by the Department. (e) Local authorities, on the basis of an engineering study and traffic investigation within their respective jurisdictions, may prohibit the operation of trucks or other commercial vehicles or impose limitations as to the weight thereof on designated highways which prohibitions and limitations shall be posted as set forth in § 4505 of Title 21; except that the alteration of weights or the prohibitions of trucks or other commercial vehicles shall not be effective on any state-maintained highway until such alteration has been approved by the Department. (f) Local authorities, within their respective jurisdictions, may create “historic districts” which encompass 1 or more state-maintained roads, and the standards for traffic signs and traffic markings on any such road may be altered by the Department of Transportation to be more compatible with the time period of the historic district, unless: (1) The posted speed limit on the road is above 25 miles per hour; (2) There are more than 2 through-travel lanes on the road; (3) The road is a U.S. or Delaware route; or (4) The road has no reasonable alternative route which can adequately handle the traffic. Any traffic signs or traffic markings that are proposed under this subsection must be approved by the Department of Transportation. (g) Each rule and regulation adopted pursuant to this section shall be in the form of a resolution signed by the Secretary or the Secretary’s designee. A permanent record of these shall be kept by the Department and at the time of adoption a copy of each shall be forwarded to the Department of Safety and Homeland Security, to the New Castle County Police, if within their jurisdiction, and to the incorporated city or town in which the highway lies. (h) Pursuant to this section, the Department is authorized to perform all engineering studies and traffic investigations necessary to implement this section and Chapter 41 of Title 21, and to install, maintain, operate and remove all traffic-control devices necessary to comply with this section and Chapter 41 of Title 21. Where concurrent authority is granted, the incorporated town or city shall have the responsibility for traffic-control devices. (i) Nothing in this section shall be construed as granting to the Department or to the local jurisdiction the right to make any rules and regulations respecting the use of highways in incorporated areas contrary to the Code. 29 Del. Laws, c. 63, §  5 ; 30 Del. Laws, c. 69 ; 32 Del. Laws, c. 53 ; Code 1935, §§  5722, 5728; 17 Del. C. 1953, §  134; 60 Del. Laws, c. 701, §  1 ; 66 Del. Laws, c. 127, §§  1, 2 ; 74 Del. Laws, c. 110, §  138 ; 84 Del. Laws, c. 85, § 1 ; § 135 Authority to construct dual and express highways. (a) The Department may divide or separate any state highway into separate roadways wherever there is particular danger to the travelling public of collision between vehicles proceeding in opposite directions or from cross traffic, by constructing curbs, central dividing parkways or other physical separations, or by signs, marks or other devices, in or on the roadway, appropriate to designate the dividing line. (b) The Department may designate as express highways, and control public or private access thereto, the westerly approach or approaches to the Delaware Memorial Bridge and any road or roads heretofore or hereafter constructed by the Department for the purpose of connecting such Bridge or its westerly approach or approaches with any existing highway in this State. 34 Del. Laws, c. 78 ; Code 1935, §  5758; 45 Del. Laws, c. 270 ; 46 Del. Laws, c. 127 ; 47 Del. Laws, c. 406, §§  1, 3 ; 17 Del. C. 1953, §  135; § 135A Authority to construct low-speed local streets and local roads. (a) The Department may plan, designate, construct, operate, and maintain low-speed local streets or roads to improve safety in accordance with a safe system approach by implementing proven safety countermeasures, including the following: (1) Implementing roadway reconfigurations. (2) Narrowing travel lanes or edge line striping. (3) Constructing raised medians, pinch points, chicanes, speed humps, speed tables, roundabouts, traffic circles, or diverters. (4) Implementing corridor access management. (5) Reducing clear zone conflicts. (6) Altering the operation of signals. (7) Other means found appropriate by the Department. (b) The Department shall design such designated low-speed streets or roads so that they have no more than 2 through-travel lanes for motor vehicles and with a goal that the free-flowing eighty-fifth percentile motor vehicle traffic speeds are 25 miles per hour or less in municipalities and 35 miles per hour or less in unincorporated areas. Such designated local streets and local roads shall be especially designed for local traffic to safely access abutting properties at low speed. In addition, the Department shall develop and implement design standards for low-speed streets or roads in accordance with a safe system approach to meet the goals of this section, including traffic calming, diversion of motor vehicle through traffic, and the protection of vulnerable users to reduce or eliminate safety risks on designated low-speed local streets and roads. (c) The Department shall publish annually county specific maps and lists identifying locations of fatal and serious injury crashes in all primary emphasis areas included in the Strategic Highway Safety Plan. (d) As used in this title, “safe system approach” means working in a comprehensive way and in cooperation with other Delaware state agencies, county, and local governments to improve all aspects of roadway safety through the following 5 initiatives: (1) Safe road users. — Providing education and training programs to improve behavior for all users of the road. (2) Safe vehicles. — In addition to the requirements under Title 21, implementing technologies in the roadway infrastructure that can prevent crashes or lessen their severity. (3) Safe speeds. — Setting and enforcing speed limits based on what the road and surrounding environment can safely accommodate for all roadway users. (4) Safe roads. — Designing and maintaining all elements of the State’s roadway infrastructure to be forgiving of user mistakes and minimize the impact of crashes on human life. (5) Post-crash care. — Implementing emergency response systems on the State’s roadway network and technology infrastructure to enable efficient delivery of critical care to those involved in crashes. 84 Del. Laws, c. 515, § 1 ; § 136 Improvements of roads leading to institutions. The Department may widen, straighten, grade, reconstruct and otherwise improve and maintain any road, lane or entrance leading from any public road to any institution which is owned or controlled in whole or in part by the State. The Department shall have the same rights, powers and privileges for the purpose of performing and carrying out the duty hereby imposed as it has for the purpose of constructing state highways in general. 29 Del. Laws, c. 63, §  5B ; 37 Del. Laws, c. 75 ; Code 1935, §  5729; 17 Del. C. 1953, §  136; 53 Del. Laws, c. 39, §  8 ; 57 Del. Laws, c. 671, §  1H ; § 137 Acquisition and sale of real property. (a) (1) The Department, in the name of the State, is authorized by law to acquire property and property rights, including rights to access, air, view, and light, for the purposes set forth in this section and within its jurisdiction. The Department may only acquire private or public property and property rights needed for the purposes listed in paragraph (a)(1)a. of this section and through the means listed in paragraph (a)(1)b. of this section. Property rights so acquired must be in fee simple absolute or such lesser interest as the Department may deem appropriate. Except as provided in paragraph (a)(2) of this section, no acquisition of real property or property rights may be made without Department approved final right-of-way plans by parcel depicting the proposed acquisitions and that approval coming only after the project has been developed and plans prepared in accordance with all applicable governing laws, rules and regulations pertaining to the development of transportation projects. a. The Department, in the name of the State, may only acquire private or public property and property rights needed for the following purposes: 1. To provide public throughfares such as pathways, roads, streets, or highways. 2. To preserve the traffic capacity in existing thoroughfares in accordance with § 145(d) of this title. 3. For sidewalks, bus shelters, parking areas in support of public transit, maintenance yards, and similar public transportation related facilities. b. The Department, in the name of the State, may acquire private or public property rights through any of the following means: 1. By gift. 2. By devise. 3. By purchase. 4. By the exercise of the power of eminent domain where the private or public property and property rights may be acquired by condemnation by proceeding in the manner prescribed in Chapter 61 of Title 10. 5. Be authorized by law to acquire such property or property rights for the purposes set forth in this section and within its jurisdiction. (2) The acquisition of real property by the Department in advance of final right-of-way plan approval, shall be reviewed by a committee consisting of the Secretary of the Department of Natural Resources and Environmental Control, the Secretary of the Department of Transportation, the Secretary of the Department of Agriculture, the Director of the Division of Small Business, the Governor’s Chief of Staff, a member of the Senate designated by the President Pro Tempore of the Senate, a member of the House of Representatives designated by the Speaker of the House of Representatives, a member of the public designated by the President Pro Tempore of the Senate and a member of the public designated by the Speaker of the House of Representatives to determine the consistency of such action with the State’s overall goals for land use planning. If it determines that the acquisition will be inconsistent with State planning goals, the committee may disapprove the acquisition. (3) The Department shall provide to the Governor and General Assembly, on or before December 31 of each year, a report identifying all properties acquired in the preceding 12 month period in connection with acquisitions made pursuant to paragraph (a)(2) of this section. (4) For the purposes of acquiring real property for pathways that go through dedicated open space in a recorded residential subdivision, where the proposed pathway is not adjacent to the existing right of way, the Department is not authorized to exercise its eminent domain power to acquire land for such pathway, unless a majority of the residents of the recorded residential subdivision vote to approve within 90 days of notice of its intent to exercise its eminent domain power by the Department. There will be 1 ballot per residence and the ballot may be cast by paper ballot, by proxy, by signing a petition, or electronically from a confirmed valid email address for a resident. (b) When any property heretofore or hereafter acquired by the Department by gift, devise, purchase or condemnation is no longer needed for transportation purposes the Department shall attempt to dispose of the property as follows: (1) If at the time of the Department’s determination to dispose of the property, the property is subject to a revenue producing lease agreement which has been in force for a period of at least 5 years, the Department shall, in writing, notify the tenant that the property is no longer needed for transportation purposes. Such notice shall inform the tenant of the Department’s desire to sell the property, and include a copy of the Department’s approved appraisal and a purchase agreement containing the terms and conditions for sale to the tenant. The sale price shall not be less than the approved appraised value. If the tenant elects to purchase the property, the tenant shall execute and return the purchase agreement to the Department within 30 days of such notice. Such notice is not required if the tenant has, in writing, waived any desire to purchase the property, or if the property is subject to multiple leases. Failure of the tenant to respond to the notice within 30 days shall constitute a waiver of the tenant’s rights hereunder. (2) If the provisions of paragraph (b)(1) of this section do not apply, or were forfeited through lack of response, or were waived by the tenant, or the tenant fails to comply with the terms and conditions of the purchase agreement, the Department shall, in writing, notify the owner from whom the property was acquired, if the property had been acquired within the immediately preceding 5 years, that the property is no longer needed for transportation purposes. In the event that the previous owner is deceased, the Department may proceed with the provisions for sale identified in paragraph (b)(3) of this section. Such notice shall inform the prior owner of the Department’s desire to sell the property at the approved appraised value, and shall include a copy of the Department’s approved appraisal and a purchase agreement containing the terms and conditions for the sale to the prior owner. The sale price shall not be less than the approved appraised value. If the prior owner elects to purchase the property, the prior owner shall execute and return the purchase agreement to the Department within 30 days of such notice. Such notice is not required if the prior owner has, in writing, waived his/her right to repurchase the property. Failure of the prior owner to respond to the notice within 30 days shall constitute a waiver of their rights hereunder. (3) If the provisions of paragraphs (b)(1) and (2) of this section have been satisfied without sale, the Department shall determine if the property has independent utility and in such cases shall offer the property for sale to the general public at a public auction sale. The Department shall notify the public of the sale by posting a “Notice of Sale” on the property at least 2 weeks before the sale and by publishing a “Notice of Sale” for at least 1 day a week for 2 consecutive weeks in a newspaper having general circulation in the county where the property is located. The “Notice of Sale” shall describe the property to be sold, state the date, time, location of the sale, terms and conditions, and amount of the minimum acceptable bid. The public sale may be conducted by Department personnel or the Department may retain an outside contractor to handle the sale. At the conclusion of the sale, the Department’s representative shall announce the name of the highest bidder and the amount of the bid. The Department’s representative shall record the results of the sale including the name and amount of the next highest bid. The Department shall have the authority to accept or reject the highest bid as long as such bid is equal to or greater than 85 percent of the approved appraised value. The Department shall offer the property for sale at a price not less than 85 percent of the approved appraised value and shall reject any bid of a lesser amount. The Department may reject any bid for due cause. If the sale is confirmed and the highest bidder defaults, the Department may proceed to the next highest acceptable bidder. In the event that the Department does not receive an acceptable bid, the public sale shall be deemed concluded. The Department may proceed to dispose of the property through absolute auction for whatever price can be obtained, subject, however, to unanimous written approval of the selling price from the Controller General and the Director of the Office of Management and Budget. (4) Notwithstanding any other provisions of this section, the Department may determine that the property has minimal independent utility for reasons such as, but not limited to, lack of access, irregular shape, poor topography or hydrology, small size and nominal value (less than $25,000, or current approved threshold determined by the Federal Highway Administration, in the opinion of the Department’s Chief Review Appraiser or qualified independent appraiser). In such event the Department may, without having to perform an appraisal of the property, sell or otherwise convey such property to an adjoining property owner or an organized community civic association or maintenance association for use as community open space at a price to be negotiated by the parties. The Department shall notify all adjoining property owners in writing of the property availability and provide 2 weeks for adjoining property owners to express interest in purchasing the property. In cases where more than 1 adjoining property owner indicates an interest in purchasing the property, the Department may elect to offer the property for sale via sealed bid to the highest bidder, or to divide the property to accommodate the interests of all interested owners. (5) Notwithstanding any other provisions of this section, the Department may convey property by direct sale or trade to an owner of other property which is being acquired for transportation purposes. Such sale shall not abridge the provisions of paragraphs (b)(1) and (2) of this section. The Department shall receive in return a price and/or compensatory property valued at not less than the approved appraised value. (6) Notwithstanding any other provisions of this section, the Department may convey property by direct sale to a public utility company when such property is needed for public utility purposes, provided the Department receives in return a price not less than the approved appraised value. (7) a. Notwithstanding any other provisions of this section, the Department may convey property to other governmental entities for public purposes, on terms acceptable to the Department and other agency. b. Notwithstanding any other provisions of this section or Chapter 9 of Title 3, the Department may convey property to the Delaware Agricultural Lands Preservation Foundation on terms acceptable to the Department and the Foundation. c. Notwithstanding any other provisions of this section or Chapter 75 of Title 7, the Department may convey property to the Delaware Open Space Council on terms acceptable to the Department and the Council. (8) As used in this subsection, “approved appraised value” means: a. When the estimated value of the property is not more than $25,000, as determined by the Department’s Chief Review Appraiser or qualified independent appraiser. b. When the estimated value of the property exceeds $25,000, as determined by a qualified independent appraiser, reviewed and approved by a qualified Department review appraiser. (9) Property rights disposed of pursuant to this section may be in fee simple absolute or such lesser interest as the Department may deem appropriate. (10) “Notice,” as required in paragraphs (b)(1) and (2) of this section, shall be sent by certified mail, return receipt requested, addressed to the tenant or previous owner at the last known postal address obtained after diligent inquiry. If after diligent inquiry a postal address cannot be found, the Department shall publish a notice for at least 1 day a week for 2 consecutive weeks in a newspaper having general circulation in the county in which the property is located. Such published notice shall set forth the name or names of the tenant or previous owner to whom it is directed, that the Department desires to sell the property, a brief description of the property to be sold and the date by which the Department must receive a response. The return receipt of the notice, whether signed, refused or unclaimed, or a copy of the published newspaper notice shall be held and considered to be prima facie evidence of the service of the notice. (11) The Department shall provide to the Governor and the General Assembly on or before December 31 of each year, a report identifying by size and location all properties being held for projects, properties deemed surplus or excess properties, dates of acquisition, purchase price, previous owner, date the property was determined to be excess or surplus, dates and nature of actions undertaken to dispose of such surplus or excess properties, and approximate fair market value of each. If properties are deemed nonmarketable they must be identified as such. The report must further identify all properties disposed of during the previous year by size and location, date of disposition, appraised value if appraised, amount received from disposition and name of the purchaser, purchasers or owners, including equitable owners. 36 Del. Laws, c. 106 ; Code 1935, §§  5759, 5759A; 43 Del. Laws, c. 264, §  1 ; 47 Del. Laws, c. 406, §  3 ; 17 Del. C. 1953, §  137; 58 Del. Laws, c. 256, §  1 ; 60 Del. Laws, c. 550, §  1 ; 63 Del. Laws, c. 103, §  1 ; 65 Del. Laws, c. 75, §  1 ; 69 Del. Laws, c. 138, §  1 ; 70 Del. Laws, c. 166, §  1 ; 70 Del. Laws, c. 186, §  1 ; 70 Del. Laws, c. 257, §  1 ; 71 Del. Laws, c. 226, §  3 ; 71 Del. Laws, c. 235, §§  1-3 ; 75 Del. Laws, c. 88, §§  21(9), 33 ; 80 Del. Laws, c. 246, §  1 ; 81 Del. Laws, c. 49, §  14 ; 81 Del. Laws, c. 225, § 1 ; 81 Del. Laws, c. 374, § 43 ; 83 Del. Laws, c. 470, § 1 ; 84 Del. Laws, c. 42, § 1 ; 85 Del. Laws, c. 406, § 1 ; § 138 Acquisition of uneconomic remnants of land along right-of-way. In addition to the powers now vested in the Department for the acquisition of lands or rights therein by virtue of any statute, the Department may, in its discretion, acquire by gift, devise, purchase or in the exercise of the power of eminent domain, acquire by condemnation by proceeding in the manner prescribed in Chapter 61, Title 10, an entire lot, block or tract of land, if by so doing the interest of the public will be best served even though said entire lot, block or tract is not needed for the right-of-way proper, but only if the portion outside the normal right-of-way is landlocked or is so situated so as to give rise to claims or litigation concerning severance or other damage, the cost of acquisition to the State will be practically equivalent to the total value of the whole parcel of land and the parcel remaining is of little value to the owner. 29 Del. Laws, c. 63, §  11 ; Code 1935, §  5730; 43 Del. Laws, c. 264, §  2 ; 47 Del. Laws, c. 406, §  3 ; 17 Del. C. 1953, §  138; 58 Del. Laws, c. 256, §  2 ; § 139 Notice to landowners; written claim for damages. After the Department has determined upon the road or roads which shall be maintained as state highways, it shall cause notice thereof to be sent by mail, a record of which shall be preserved, to all persons owning property abutting upon or contiguous to such road or roads, and any such owner or the legal representative of any such owner, who after such notice has been given shall construct any building within 60 feet of the center line of any such road, shall be allowed no compensation for such building, upon the condemnation thereof, or the land upon which it is situated, unless such owner shall serve written notice upon the Department within 3 months from the time that the owner receives such notice that the owner claims damages. 29 Del. Laws, c. 63, §  11 ; Code 1935, §  5730; 17 Del. C. 1953, §  139; 70 Del. Laws, c. 186, §  1 ; § 140 Educational and safety campaigns. (a) The Department may conduct throughout the State an educational campaign on street and highway safety. (b) Such campaign shall be conducted by the Department in the manner which it deems most beneficial to accomplish the purpose thereof, and the Department may use and employ the facilities of the Delaware Safety Council, Delaware Automobile Association and any similar organization. 38 Del. Laws, c. 55, §§  1, 2 ; Code 1935, §§  5762, 5763; 42 Del. Laws, c. 77, §  1 ; 44 Del. Laws, c. 197 ; 17 Del. C. 1953, §  140; § 141 Regulation of traffic; exceptions. (a) The Department shall have jurisdiction and control of all state highways of this State outside of the limits of incorporated cities and towns for the purpose of regulating traffic and for the use and operation of all vehicles thereover, and may adopt any and all rules and regulations respecting the use of such highways and the operation of all vehicles upon the same. (b) Each rule and regulation adopted pursuant to this section shall be in the form of a resolution signed by the Secretary or the Secretary’s designee. A permanent record of these shall be kept by the Department and at the time of adoption a copy of each shall be forwarded to the Department of Safety and Homeland Security and to the New Castle County police, if within their jurisdiction. (c) (1) Under this section, the Department may perform all engineering studies and traffic investigations necessary to implement this section and Chapter 41 of Title 21, and to install, maintain, operate, and remove all traffic control devices necessary to implement Chapter 41 of Title 21 and regulations adopted under Chapter 41 of Title 21. (2) An engineering study or traffic investigation conducted by the Department under paragraph (c)(1) of this section may include automated or continuous data collection systems, remote sensing technologies, digital imaging, algorithmic analysis of traffic patterns, and other technological methods used to evaluate roadway safety, traffic operations, and infrastructure conditions. (d) The Department, on the basis of engineering studies and traffic investigations, may prohibit the operation of trucks or other commercial vehicles or impose limitations as to the weight thereof on designated highways which prohibitions and limitations shall be posted as set forth in § 4505 of Title 21. (e) Nothing in this section shall be construed as granting the Department the power to make any rules and regulations respecting the use of highways contrary to Delaware law. 29 Del. Laws, c. 63 ; 34 Del. Laws, c. 78 ; Code 1935, §  5758; 45 Del. Laws, c. 270 ; 17 Del. C. 1953, §  141; 60 Del. Laws, c. 701, §  2 ; 66 Del. Laws, c. 407, §  1 ; 70 Del. Laws, c. 186, §  1 ; 74 Del. Laws, c. 110, §  138 ; 85 Del. Laws, c. 344, § 10 ; § 142 Automobile for use of Governor. The Department shall provide an automobile to the Governor of the State, suitable and befitting the office of Governor, for the use of the Governor. The Department shall provide a new automobile for such use during each biennium beginning with the biennium beginning July 1, 1959. The Department shall dispose of any automobiles replaced pursuant to this section in the same manner as are disposed other Department vehicles. 17 Del. C. 1953, §  144; 52 Del. Laws, c. 55. ; § 143 Expenses of alteration or relocation of facilities or structures of public utilities. (a) As used in this section: (1) “Facility” includes, but is not limited to, structures and appliances and their appurtenances, poles, wires, conductors, transformers, substations, manholes, vaults, valves, conduits, sewer pipes, gas mains, regulator stations, water pipes, water distribution facilities, and service lines; (2) “Public utility” means a utility defined in § 102(2) and (8) of Title 26. (b) If required by reason of the construction, reconstruction, relocation, repair, or maintenance of a public highway, the Department of Transportation shall, at its sole expense, make any necessary alteration or relocation of the facilities owned and/or operated by a public utility of a municipality or of any governmental body or political subdivision of the State. (c) The Department may enter into an agreement with a nonmunicipal or other nongovernmental public utility to reimburse it for up to 50 percent of the cost of the public utility facility’s alteration or relocation as part of a highway construction, reconstruction, relocation, repair, or maintenance project if: (1) The existing public utility facility is located within a highway or public right-of-way by grant of franchise; and (2) The alteration or relocation is necessitated by special circumstances, including, but not limited to: