DEPARTMENT OF TRANSPORTATION

Statutory Authority: 17 Delaware Code,Chapter 11 (17 Del.C. Ch. 11)

PROPOSED

Outdoor Advertising, Rules and Regulations

The Department of Transportation is granted authority to regulate Outdoor Advertising by Chapter 11 of Title 17 of the Delaware Code. Changes to the “Delaware Department of Transportation Rules and Regulations of Outdoor Advertising” as issued in 1975 are being proposed to improve clarity, correct inaccurate citations of statute, correct obvious typographical errors, and to make non-substantive changes in grammar, syntax, spelling, and punctuation. Also, a substantive change is being proposed to include a new section that allows for on-premise electro-mechanical variable-message signs to display on-premise activities at reasonable intervals as defined by the Department. Signs in this category that meet all of the Department’s criteria will be issued an outdoor advertising sign permit. This proposed change represents the first time in the history of the Delaware Department of Transportation that electro-mechanical variable advertising messages will be permitted in the State.

Written comments on the changes to these draft regulations will be accepted through October 1, 2001, and should be submitted to:

William F. Smith, III

Department of Transportation

Field Services

P.O. Box 778

Dover, DE 19903

Copy of orignial 1975 Outdoor Advertising Rules & Regulations . Signed by Clifford Hall , Secretary Department of Highways and Transportation, February 27, 1975.

CHAPTER

SECTION 1.00 ..... OUTDOOR ADVERTISING

PARAGRAPH

1.0.1 – AUTHORITY

1.02 – APPLICABILITY

1.03 - PURPOSE

1.04 - DEFINITIONS

1.05 - STATUTORY REQUIREMENTS

1.06 - STANDARDS FOR DIRECTIONAL SIGNS

1.07- STANDARDS FOR OFFICIAL SIGNS AND NOTICES

1.08 - STANDARDS FOR PUBLIC UTILITY AND RAILROAD SIGNS

1.09 - STANDARDS FOR SERVICE CLUB AND RELIGIOUS NOTICES

1.10 - STANDARDS FOR PUBLIC SERVICE SIGNS

1.11 - STANDARDS FOR ON PREMISE SIGNS

1.12 - STANDARDS FOR AGRI-PRODUCE SIGNS

1.13 - STANDARDS FOR OUTDOOR ADVERTISING SIGNS

1.14 - BONDING REQUIREMENTS

1.15 - MAINTENANCE OF SIGNS

1.16 - DESTRUCTION OF TREES

1.17 - PERMITS AND FEES

1.18 - CERTIFICATION OF POLITICAL SUBDIVISIONS

1.19 POLITICAL SUBDIVISION REGULATIONS

1.20 PENALTIES

1.21 SEPARABILITY

SECTION I - OUTDOOR ADVERTISING AUTHORITY

1.01 - AUTHORITY

A. The following rules and regulations are issued under the authority granted to the Department by Section 1104, Subchapter 1, Chapter 11, Title 17 of the Delaware Code.

B. The Department of Highways and Transportation shall have overall jurisdiction and control throughout the State subject to the certification process for political subdivisions as defined under paragraph 1.18 following. Within the Department, the responsibility for administration of the program shall rest with the Roadside Control Section in the Division f Highways.

C. All interpretations will be made by the Secretary of the Department of Highways and Transportation and his decision will be final except in those cases where a point of law is raised.

1.02 - APPLICABILITY

A. The following rules and regulations apply to all outdoor advertising or outdoor advertising signs which are erected and maintained within 660 feet of the nearest edge of the right-of-way of any State maintained highway in this State and which are visible from the main traveled way of such systems.

B. These rules and regulations shall become effective upon approval by the Secretary of the Department of Transportation.

1.03 - PURPOSE

A. Under Section 1101, Subchapter 1, Chapter 11, Title 17 of the Delaware Code: the General Assembly has declared that it is in the public's interest to control the erection and maintenance of outdoor advertising signs, displays, and devices in areas adjacent to the Inter-state and Primary systems in order to protect the public investment in such highways.

B. The General Assembly by enactment of Section 1104, Subchapter 1, Chapter 11, Title 17 of the Code directed the Department to enforce the provisions of Chapter 11 and to issue regulations to implement the policy and accomplish the purpose of the Chapter.

C. The following rules and regulations are issued in response to that directive and to clarify and implement the Department's policy regarding the control of outdoor advertising.

1.04 - DEFINITIONS

A. For the purpose of this Section, the following definitions shall apply:

1. “Outdoor Advertising" or "Outdoor Advertising Signs" shall mean and shall include any outdoor sign, light, display, device, figure, painting, drawing, message, placard, poster, billborad, or other thing which is designed, intended, or used to advertise or inform, any part of the advertising or informative contents of which is visible from any place on the main traveled way of the Interstate or Federal-aid primary highway.

2. "Interstate System" means that portion of the National System of Interstate and Defense Highways located within the State of Delaware 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 the provisions of Title 23, United States Code.

4. "A controlled area” shall mean, and "controlled areas" shall include any area inside the boundaries of the State of Delaware which is adjacent to and within 660 feet of the edge of the right-of-way of a highway of the Interstate System or the Primary System. and after July 1, 1975 beyond 660 feet.

5. "State law” means a State constitutional provision or statute, or an ordinance, rule, or regulation enacted or adopted by a state agency or political subdivision of a State pursuant to a State constitution or statute.

6. “Safety rest areas" 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.

7. “Sign Panels” means one sign facing.

8. “Department” means the Department of Highways and Transportation.

9. “Division" means the Division of Highways under the Department of Highways and Transportation.

10. “Section" means the Roadside Control Section under the Division of Highways.

11. "Nonconforming Sign” is one which was lawfully-erected, but which does not comply with the provisions of the Laws of the State of Delaware or State regulations passed at a later date or which later fails to comply with such law or regulations due to changed conditions.

12. “Illegal Sign” means any sign which was erected and/or maintained in violation of the Delaware Law.

13. “Illuminated Sign” means any sign that is lighted internally or externally and shall be defined as illuminated whether or not the light is attached directly to the sign structure.

14. “Centerline of the highway' means (1) a line equidistant from the edges of the median separating the main-traveled ways of a divided highway, or (2) the centerline of the main-traveled way of a nondivided highway, or (3) the centerline of each of the main-traveled ways of a divided highway separated by more than the normal median width or constructed on independent alignment.

15. “Main-traveled way” means the traveled way of a highway on which through traffic is carried. in the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main-traveled way. It does not include such facilities as frontage roads, turning roadways, or parking areas.

16. “Scenic area" means any area of particular scenic beauty or historical significance as determined by the Federal, State, or local officials having jurisdiction thereof, and includes interests in land which have been acquired for the restoration, preservation, and enhancement of scenic beauty.

17. "Parkland” means any publicly owned land which is designated or used as a public park, recreation area, wildlife or waterfowl refuge or historic site.

18. “Legible" means capable of being read without visual aid by a person of normal visual acuity.

19. “Maintain" means to allow to exist.

20. "Freeway" means a divided arterial highway for through traffic with full control of access.

21. “Abandoned Sign" means any sign in which the owner has not demonstrated an interest by maintaining it in good condition.

22. "Zoned commercial or industrial areas" means those areas. which are zoned for business, industry, commerce or trade pursuant to a State regulation or local zoning ordinance.

23. "Lease (license, contract, or easement)" means an agreement in writing, by which possession or use of land or interests therein is given by the owner to another person for a specified period of time.

24. "Directional and other official signs and notices" shall mean and include only official signs and notices, public utility signs, service club and religious notices, public service signs, and directional signs.

25. "Official signs and notices” means sign's and notices erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorization contained in Federal, State or local law for the purposes of carrying out an official duty or responsibility or historical marker. authorized by State law and erected by State or local government agencies or nonprofit historical societies may be considered official.signs.

26. “Public utility signs” means warning signs, informational signs, notices, or marker which are customarily erected and maintained by publicly or privately owned public utilities, as essential to their operations.

27. “Service club and religious notices" means signs and notices, whose erection is authorized by law, relating to meetings of nonprofit service clubs or charitable associations, or religious-services.

28. “Public service signs” means signs located on school bus stop shelters.

29. “Directional signs" means signs containing. directional information about public places owned or operated by Federal, State or local governments or their agencies; publicly or privately owned natural phenomena, historic, cultural, scientific, educational, and religious sites; areas of-natural scenic beauty, and areas which are naturally suited for outdoor recreation, deemed to be in the interest of the traveling public.

30. "On premises signs” shall mean those signs, displays and devices advertising the sale or lease of property upon which they are located and those signs, displays, and devices advertising activities conducted on the property on which they are located.

31. “Double-faced, back-to-back, or V-type signs” shall mean those configurations of multiple sign structures as those terms are commonly understood, except that in no instance shall these terms include two or more signs which are not in the same ownership, which are not physically contiguous, or which are not connected by the same structure or crossbracing, or in the case of back-to-back or "V"-type signs located less than 15 feet apart at their nearest points.

32. “Agri-produce signs” shall mean those signs-located on the property of a farmer indicating the sale of seasonal agricultural products.

33. “Information Center" means an area or site established and maintained at a safety rest area for the purpose of providing information to the public of places of interest within the State and other information the Department deems desirable.

34. “Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in. any other 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.

35. “Commercial or industrial activities for purposes of unzoned commercial or industrial areas” means those activities generally recognized as commercial or industrial by zoning authorities within the State of Delaware, 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 660 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.

36. “Customary maintenance" means the action necessary to keep a sign in good condition by (1) replacement of parts damaged or worn by age and (2) painting of areas exposed to the weather as the major portion of the sign, but shall not include either maintenance which would be necessary for signs over 50% damaged (except Act of God circumstances) or in 50% disrepair or maintenance which would increase the size or monetary value of the sign.

37. "Free standing sign" means any sign not attached or affixed to a building for its principal means of support.

38. "Political subdivision” means any municipal or county government duly established under the provisions of the Delaware Code.

39. “Sign facing" means, a single sign message separated from other sign facings by border or trim.

1. 05 - STATUTORY REQUIREMENTS

A. Section 1121, Chapter 11, Title 17 of the Delaware Code provides that signs within 660 feet of the nearest edge of the right of way and visible from the main traveled way of the Interstate and Primary system shall be limited to the following types:

1. Directional and other official signs and notices which shall include only official signs and notices, public utility signs, service club and religious notices, public service signs, and directional signs.

2. On Premise signs which shall include only:

(a) Those signs, displays and devices advertising the sale or lease of the real property upon which they are located, and

(b) Those signs, displays and devices advertising activities conducted on the real property upon which they are located.

3. Signs, displays, and devices located in the controlled areas adjacent to highways of the Interstate and Primary systems which are zoned industrial and commercial under authority of State Law.

B. For ease of operation, the aforementioned limitations shall be applicable to all other highway systems with the approval of these rules and regulations.

1.06 STANDARDS FOR DIRECTIONAL SIGNS

A. General: Permits as mentioned in Paragraph 1.17 of these-regulations will not be required for directional signs.

1. A sign shall only be erected after first securing approval of the Department. Requests for approval to erect a directional sign shall be in writing directed to the Department for the attention of the Manager of the Roadside Control Section. All requests shall be processed in accord with procedures promulgated by the Department.

2. The following directional signs are prohibited:

(a) Signs advertising activities that are illegal under Federal or State laws or regulations in effect at the location of those signs or at the location of the activity.

(b) Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device, or obstruct or interfere with the driver's view of approaching, merging, or intersection traffic.

(c) Signs which are erected or maintained upon trees or utility poles or painted or drawn upon rocks or other natural features.

(d) obsolete signs.

(e) Signs which are structurally unsafe or in disrepair.

(f) Signs which move or have any animated or moving parts.

(g) signs located in rest areas, parklands or scenic areas.

(h) Signs not in conformance with applicable wind pressure requirements determined by adopted-local building code or 25 pounds per square-foot.

(i) Signs for privately owned facilities unless such facilities are determined to be eligible for signing under the criteria and methods described in subparagraph F of this section.

B. Size

1. The following limits shall apply to directional signs:

(a) Maximum area ... 150 square feet

(b) Maximum height ... 20 feet

(c) Maximum length ... 20 feet

2. All dimensions include border and trim, but exclude supports.

C. Lighting

1. Signs may be illuminated, subject to the following:

(a) Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited.

(b) Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an Interstate or Primary system highway or which are of such intensity or brilliance as to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver’s operation of a motor vehicle are prohibited.

(c ) No sign may be so illuminated as to interfere with the effectiveness of or obscure an official traffic sign, device or signal.

D. Spacing

1. Each location of a directional sign must be approved by the Department.

2. A directional sign must be located beyond 2,000 feet of an interchange, or intersection at grade along the Interstate System or other freeways (measured along the Interstate or freeway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way), unless erected by the Division.

3. A directional sign shall be located beyond 2,000 feet of a rest area, parkland, or scenic area, unless erected by the Division.

4.

(a) Two directional signs facing the same direction of travel shall be placed more than 1 mile apart;

(b) A maximum of three directional signs pertaining to the same activity and facing the same direction of travel may be erected along a single route approaching the activity;

(c) Signs located adjacent to the Interstate System shall be within 75 air miles of the activity; and

(d) Signs located adjacent to the Primary system shall be within 50 air miles of the activity.

5. In determining the distance between signs facing in the same direction and those within a seventy-five air mile radius, signs. beyond the 660’ limit shall not be considered.

6. Signs legally in place within the 660’ controlled area shall be considered as though it were a sign erected under these regulations.

E. Message Content

1. The message of directional signs shall be limited to the identification of the attraction or activity and directional information useful to the traveler in locating the attraction, such as mileage, route numbers, or exit numbers. Descriptive words or phrases, and pictorial or photographic representations of the activity or its environs are prohibited.

F. Criteria for Eligibility

1. The criteria for determining whether or not a privately owned facility is eligible for directional signing shall be that criteria presently utilized or hereafter adopted by one of the existing State agencies where primary purpose is the control and administration of the type of specific unique phenomena or site for which a directional sign application may be made.

2. A determination by the State agency to which a request is referred as to whether or not a privately owned facility is eligible for directional signing will be binding on the Department.

G. Eligible Activities

1. Privately owned activities or attractions eligible for directional signing shall be limited to the following: natural phenomena; scenic attractions; historic, educational, cultural, scientific, and religious sites; and outdoor recreational areas any of which must be nationally or regionally known, and of outstanding interest to the traveling public as determined by the appropriate State agency authority.

1.07 STANDARDS FOR OFFICIAL SIGNS AND NOTICES

A. General

1. Permits as defined in section 1.17 of these Regulations will not be required for official signs and notices. An Official sign or notice shall be erected however, only after first securing approval of the Department. Requests for approval to erect such signs shall be made and processed in the same manner as for directional signs (See paragraph 1.06).

B. Official signs and notices shall be limited to the following:

1. Signs and notices erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorization by Federal, State or local law for the purposes of carrying out an official duty or responsibility and

2. Historical markers authorized by State law and erected by State or local government agencies or nonprofit historical societies.

C. The following signs are prohibited:

1. Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device, or obstruct or interfere with the driver's 'view of approaching, merging, or intersection traffic.

2. Signs which are erected or maintained upon trees or utility poles or painted or drawn upon rocks or other natural features.

3. Obsolete signs.

4. Signs which are structurally unsafe or in disrepair.

D. Size

1. The following limits are applicable to official signs and notices:

(a) Maximum area ... 15 square feet

(b) Maximum height ... 5 feet

(c) Maximum length ... 5 feet

2. All dimensions shall include border and trim but shall exclude supports.

E. Lighting

1. 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.

(b) Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an Interstate or primary highway or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle or which otherwise interfere with any driver’s operation of a motor vehicle are prohibited.

(c) Signs so illuminated as to interfere with the effectiveness of or obscure an official traffic sign, device, or signal are prohibited.

F. Spacing

1. Each location of official sign or notice sign must be approved by the Department.

2. An Official sign or notice, except when erected by the Division, shall be located beyond 2,000 feet of an interchange, or intersection at grade along the Interstate System or other freeways (measured along the interstate or freeway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way).

3. An official sign or notice, except when erected by the Division, shall be located beyond 2,000 feet of a rest area, parkland, or scenic area.

1.08 STANDARDS FOR PUBLIC UTILITY AND RAILROAD SIGNS

A. General

1. The erection of a public utility or railroad sign may be under taken without Department approval. Such signs will, however, be limited to warning signs, informational signs, and notices or markers which are customarily erected and maintained by .publicly or privately owned public utilities or railroads as essential to their operation.

B. Size

1. The following limits are applicable to public utility and railroad signs:

(a) maximum area… 4 square feet

(b) Maximum height ... 4 feet

(c) Maximum length ... 4 feet

2. All dimensions include border and trim but exclude supports.

C. Lighting

1. 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.

(b) Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an Interstate or Primary highway or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver's operation of a motor vehicle are prohibited.

(c) Signs so illuminated as to interfere with the effectiveness of or obscure an official traffic sign, device, or signal are prohibited.

D. Spacing

1. The number and spacing of public utility and railroad signs shall be limited to those customarily erected and maintained as essential to the operation of a particular utility or railroad.

1.09 STANDARDS FOR SERVICE CLUB AND RELIGIOUS NOTICES

A. General

1. service club or religious notices shall be erected or maintained only after first securing approval from the Department. Applications shall be made and processed in accord with procedures promulgated by the Department. Service club and religious signs shall be limited to the following:

(a) Signs and notices relating to meetings of nonprofit service clubs.

(b) Signs and notices of charitable associations.

(c) Signs and notices stating place and time of religious services.

2. The following signs are expressly prohibited:

(a) Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device, or obstruct or interfere with the driver's view of approaching, merging, or intersecting traffic.

(b) Signs which are erected or maintained upon trees or utility poles or painted or drawn upon rocks or other natural features.

(c) Obsolete signs.

(d) Signs-which are structurally unsafe or in disrepair.

(e) Signs which move or have any animated or moving parts.

(f) Signs located in rest areas, parklands or scenic areas.

(g) Signs not in conformance with applicable wind pressure requirements.

B. Size

1. The following limits are applicable to service club religious notices:

(a) Maximum area ...4 square feet

(b) Maximum height … 2 feet

(c) Maximum length ... 2 feet

C. Lighting

1. Illumination of service club and religious notices is prohibited

D. Spacing

1. A sign may be placed on a major route entering the vicinity of the involved activity but must be located within one-half mile of the meeting place.

E. Number

1. Total number of service club and religious notices to a particular locale shall not exceed two.

1.10.- STANDARDS FOR PUBLIC SERVICE SIGNS

A. General

1. Public service sign shall be erected or maintained without first securing a permit from the Department as required by these regulations. Applications for permits shall be processed in accord with procedures promulgated by the Department. A certification by the Department of Public instruction that each shelter on which signs are or are to be erected is needed to provide shelter for students at that location shall accompany each application. Applications and approval shall be processed in accord with procedures promulgated by the Department.

B. Public Service signs shall be limited to the following:

1. Signs which identify the donor, sponsor, or contributors of the shelter an which the sign is erected, and or

2. Which contain safety slogans or messages which shall occupy not less than 60 percent of the area of the sign and

3. Which contain no other message.

C. Size

1. Public service sign shall not exceed 30 square feet in area.

D. Lighting

1. Lighting of public service signs is prohibited.

E. Spacing

1. Only two public service signs shall be permitted at any one location. Signs will only be approved for a shelter provided it does not in any way obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device, or which obstructs or interferes with the driver's view of approaching, merging, or intersection traffic, or which interferes with the safe and free flow of traffic in any way.

1.11 - STANDARDS FOR ON PREMIISE SIGNS

A. General

1. Section 1114, Subchapter 1, Chapter 11, Title 17 of the Delaware Code exempts on premise signs from all provisions of subchapter 1, except that such signs shall be subject to the Rules and Regulations adopted by the Department as required by Section 1104 of Subchapter 1, Chapter 11 of Title 17. Consistent with the stated policy of Chapter 11 of Title 17 for protecting the public's investment in highways and enhancing the natural scenic beauty, the following shall apply to all on premise signs within the controlled area.

B. Eligibility

1. A sign display, or device shall be considered an on premise sign if:

(a) It is located on the same premises as the activity or property advertised and

(b) It has as its purpose the identification of the activity conducted on the premises or Advertises the sale or lease of the property on which it is located.

(c) meets the size requirement as specified by law.

C. Premise Test

1. As used in these regulations, the premises on which an activity is conducted shall be the land occupied by the building or other physical uses that are necessary or customarily incident to the activity including such open spaces as are arranged and designed to be used in connection with such buildings or uses.

2. The following will not be considered to be a part of the premises on which an activity is conducted and any signs located an such land will be considered "off premise' advertising:

(a) Any lands not used as an integral part of the principal activity, or

(b) Any land used for a separate purpose unrelated to the advertised activity, or

(c) Any land at some distance from the principal activity, and in closer proximity to the highway than the principal activity, and developed or used only in the area of the sign site, or between the sign site and the principal activity, and occupied solely by structures or uses only incidental to the principal, activity, and which serve no reasonable purpose other than to. qualify the land for signing purposes, or

(d) Any configuration of land which is such that it cannot be put to any reasonable use related to the Principal activity other than for signing purposes, or

(e) Any land which is nonbuildable, such as swamp, marsh or other wetland, or

(f) Any land which is common or private roadway or held by easement or other lesser interest than the premises where the advertised activity is located,

(g) With the exception of agri-produce signs, any land in excess of 50 feet from the principal activity or accessory uses.

D. Purpose Test

1. The following signs, displays, and devices shall be considered as having as their purpose, (1) the identification of the activity located on the premises or its products or services, or (2) the sale or lease of the property on which the sign is located:

(a) Any sign which consists solely of the name of the establishment.

(b) Any sign which identifies the establishments principal or accessory products or services offered on the premises.

(c) Any sign which has no message content other than for sale or lease.

2. Signs in the following categories shall be considered as not fulfilling requirements and shall be treated as "off premise" advertising:

(a) A sign which brings rental income to the property owner, or

(b) Which consists principally of brand or trade name advertising, or

(c) Which advertises a product only incidental to the principal activity, or

(d) Which advertises, in addition to the activities conducted on the premises, activities not conducted an the premises, or

(e) One which in addition to the sale or lease aspects of the property advertises any product or service not located upon and unrelated to the business of selling or leasing the land on which the sign is located.

E. Applications

1. A permit shall not be required for an “on premise" sign. Any such sign shall be erected, however, only after first securing written approval of the Department. Application for permission to erect on premise signs shall be made and processed in the same manner as applications for directional signs. (See Section 1.06). Such signs may be either free standing or attached to buildings providing they meet the requirements of this section.

F. The following "on premise" signs are prohibited:

1. Signs advertising activities that are illegal under Federal and State laws or regulations in effect at the location of those signs or at the location of the activity.

2. Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device, or obstruct or interfere with the driver's view of approaching, merging, or intersecting traffic.

3. Signs which are erected or maintained upon trees or utility poles or painted or drawn upon rocks or other natural features.

4. obsolete signs.

5. Signs which are structurally unsafe or in disrepair.

6. Signs which move or have any animated or moving parts.

7. Signs not in conformance with-applicable wind pressure requirements determined by adopted local building code or 25 pounds per square foot.

G. Size

1. A sign either attached or free standing erected or maintained upon property to identify a business conducted thereon shall not exceed 30 square feet in area.

2. A sign advertising the sale or lease of property shall not exceed 6 square feet in area.

3. All measurements shall include border and trim but shall exclude supports.

H. Lighting

1. On premise signs may be illuminated subject to the following:

(a) Signs which contain, include, or are illuminated by any flashing, intermittent, or, moving light or lights are prohibited.

(b) Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an Interstate or Primary system highway or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any vehicle, or which otherwise interfere with any driver's operation of a motor vehicle are prohibited.

(c) A sign may be so illuminated provided it does not interfere with the effectiveness of or obscure an official traffic sign, device, or signal.

I. Spacing

1. Spacing requirements shall not apply to “on premise” signs except that a maximum of 10 business signs shall be allowed at any one location with a combined total of 500 square feet.

2. Free standing signs shall be limited to two per highway and shall be permitted only along the highway or highways to which access has been provided.

3. For sale or lease signs shall be limited to a total of two for any one property.

4. Distance shall be measured from the edge of-the right-of-way horizontally along a line perpendicular to the centerline of the highway.

J. Subdivision Signs

1. Subdivision signs which basically indicate the name of the individual suburban community are, for the purposes of these rules and regulations, considered a type of on premise signs and are allowable provided

(a) They are erected within the subdivision limits,

(b) The prime intent is identification

(c) They have received prior approval from the Division and

(d) They meet all eligibility tests specified in this paragraph.

1.12 - STANDARDS FOR AGRI-PRODUCE SIGNS

A. General

1. Agri-produce signs shall not be allowed to be erected on the Interstate system unless it meets fully the requirements for "on premise" signs as set out in Section 1.11 of these regulations.

2. On other systems, agri-produce signs shall be considered as “on premise” signs and shall be subject to the same requirements and conditions as described for "on premise” signs in Section 1.11 of these regulations with the following exceptions:

(a) Free standing agri-produce signs shall be allowed to remain erected only during the seasonal period from May 1 through September 30. During the off season signs of this type shall be removed.

(b) Free standing signs may be located more than 50 feet but no more that 500 feet from the activity and an the same property as the activity being conducted.

B. Size

1. The following limits are applicable to agri-produce signs:

(a) Maximum area… 30 square feet

(b) Maximum height … 8 feet

(c) Maximum length ... 8 feet

(d) Total sign area allowable per site ... 100 square feet (maximum)

C. Lighting

1. Signs may be illuminated, subject to the following:

(a) Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited.

(b) Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an Interstate or Primary highway or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver's operation of a motor vehicle is prohibited.

(c) Signs so illuminated as to interfere with the effectiveness of or obscure an official traffic sign, device, or signal are prohibited.

D. Spacing

1. Each location of an agri-produce sign must be approved by the Department and shall receive written approval prior to erection of any signs.

2. Each sign must be located within 500 feet of the activity, on the same property and same side of highway as the activity.

E. Number

1. Each location may have a variable number of agri-produce signs necessary for the individual. site provided total site sign area allowable is not exceeded. Each application must be made to the Department and directed to the attention of the Manager of the Roadside Control Section. Applications will be processed in accordance with procedures promulgated by the Department.

F. Safety of traveling public

1. At all times the Division must give prime consideration to the safety of the traveling public and if at any time an unsafe condition should arise, the Department shall advise the location owner of certain positive steps which must be undertaken within a specified duration of time. Failure to comply with the required improvements will result in suspension of the approval and removal of the sign until such time that corrective measures have been implemented.

1.13 - STANDARDS FOR OUTDOOR ADVERTISING SIGNS, DISPLAYS, AND DEVICES IN AREAS ZONED INDUSTRIAL OR COMMERCIAL WITHIN THE CONTROLLED AREA

A. General

1. Except as otherwise provided in these regulations, no signs, displays, or devices will be permitted to be erected or maintained unless it is within an area zoned as commercial or industrial under authority of State law. Permits shall be required for all such signs. Applications and permits shall be processed in accordance with procedures promulgated by the Department.

2. In zoned commercial and industrial areas where the locality had regulations governing the size, spacing, and lighting of signs, such regulations shall control and govern.

3. Signs, displays, and devices erected and maintained within all other zoned industrial and commercial areas shall be subject to the following conditions and requirements.

B. The following signs shall be prohibited:

1. Signs advertising activities that are illegal under Federal or State laws or regulations in effect at the location of those signs or at the location of the activity.

2. Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device, or obstruct or interfere with the driver's view of approaching, merging, or intersecting traffic.

3. Signs which are erected or maintained upon trees or painted or drawn upon rocks or other natural features.

4. Obsolete signs.

5. Signs which are structurally unsafe or in disrepair.

6. Signs not in conformance with applicable wind pressure requirements determined by adopted local building code or 25 pounds per square foot, whichever is greater.

C. Size

1. The maximum area for any outdoor advertising sign facing shall be 1,200 square feet with a maximum height of 25 feet and a maximum length of 60 feet.

2. The area shall be measured by the smallest square, rectangle, triangle, circle, or combination thereof which will encompass the entire sign.

3. All dimensions shall include border and trim but shall exclude supports.

4. A sign structure may contain one or two signs per facing and two 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.

5. A sign which exceeds 600 square feet in area may not be on the same sign facing with any other sign.

D. Lighting

1. 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.

(b) Signs which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled ways of any highway and which are of such intensity or brilliance as to cause glare or to impair the vision of a driver of.any motor vehicle, or which otherwise interferes with any driver's operation of a motor vehicle are prohibited:

(c) Signs so illuminated as to interfere with the effectiveness of, or obstructs an official traffic sign, device, or signal is prohibited.

(d) All such lighting shall be subject to any other provisions relating to lighting of signs presently applicable to all highways under the jurisdiction of the Department.

E. Spacing

1. For Interstate and controlled access highways, the structure for outdoor advertising sign shall be at least 500 feet from any similar structure.

2. For non-controlled access highways, outside incorporated areas, the structure for any sign shall be at least 300 feet from any similar structure. For non-controlled access highways within incorporated areas, the structure for any sign shall be at least 100 feet from any similar structure.

3. when structures are separated by building or other obstructions in such a manner that only one sign facing located within the above spacing distances is visible from the highway at one time, variances may upon application be granted by the Department.

4. The minimum distance between structures shall I be measured along the nearest edge of the pavement between points directly-opposite the signs along each side of the highway and is applicable only to structures located on the same side of the highway.

5. outside incorporated areas outdoor advertising signs shall be located 500 feet (minimum from any interchange, intersection, at grade, safety rest area or information center (measured along the Interstate or freeway from the beginning or ending of pavement widening at the exit or entrance to the main traveled way)).

6. Except for roof signs, wall signs and free standing signs against the wall of a building, no ground signs shall be placed within 35 feet of either highway right of way at an intersection where they converge, unless the base of such sign is at least 8 feet above ground level or road bed, whichever is higher.

7. Official and “on premise” signs, as defined in-these regulations shall not be counted nor shall measurements be made from them for purposes of determining compliance with spacing requirements.

F. Non-Conforming Signs

1. Legally erected signs found not to be in compliance with the spacing requirements of this section shall be determined to be a non-conforming sign and shall be purchased as provided by State law and in accord with Policy and Procedures developed and adopted by the Department.

2. In any instance where it is found that two or more signs do not meet spacing requirement, the date of the issuance of the original permit shall control with the older being allowed to remain.

G. Control by Political Subdivisions

1. At Any time that a political subdivision adopts comprehensive zoning that provides for and enforces regulation of size lighting and spacing of signs in commercial and industrial zones and applies for and is certified by the Department under the provisions of Section 1.18 of these regulations, control shall pass to such political subdivision.

1.14 - BONDING REQUIREMENTS

A. Any non-resident or foreign corporation engaged in the business of outdoor advertising shall be granted a permit for the posting or display of any advertisement or the erection, use or maintenance of any advertising structure, only after such persons shall have furnished and filed with the Roadside Control Section a bond payable to the State of Delaware with surety approved by the Department, and in the sum of $5,000.00, conditioned that said individual company or corporation fulfills all the requirements of law and regulations and orders of the Department relating to the display of advertisements or the erection of advertising structures. Such bond shall remain in full force and effect until such obligations of such licensee to the State are satisfied.

1.15 - MAINTENANCE OF SIGNS

A. General

1. All signs within the controlled areas shall be maintained in a good state of repair at all times. When any sign is damaged or falls into disrepair to the extent that obvious repairs are needed, the owner shall be notified by Certified Mail to make all necessary and allowable repairs. If the sign is not repaired, rebuilt, or removed within six months of said notification the applicable sign permit shall lapse and become null and void in these cases where permits are not required, such signs will be considered as being abandoned and will be removed by the Department.

B. Alterations

1. The size and shape of signs may be altered during repair with the exception of non-conforming signs providing that:

(a) At least ten working days prior to beginning of alterations written notice is furnished the Department fully defining the nature and extent of the proposed alterations.

(b) Alterations do not exceed permit limits and

(c) Other requirements of these regulations are met.

C. Relocation of Signs

1. With the exception-on non-conforming signs, signs may be relocated provided they meet all criteria and requirements of these regulations. Any sign moved to a new location will require a new permit and permit number and will be considered and processed as a new sign.

D. Maintenance of Non-conforming Signs

1. General

(a) Non-conforming signs may be maintained or rebuilt when destroyed by vandalism or by acts of God providing they are rebuilt to substantially be the same as they are in existence an June 30, 1970. Such signs may continue as long as they are not abandoned, destroyed or discontinued.

2. Discontinued signs

(a) A non-conforming sign which has displayed obsolete or damaged advertising matter or has not displayed advertising matter. for a period of six months subsequent to receipt of written notice from the Department shall be considered as a discontinued sign and shall be required to be removed by the owner without compensation.

3. Abandoned signs

(a) Non-conforming signs which are in need of substantial repair either to the face or support structure and are not repaired within a period of six months after receipt of written notice from the Department shall be considered as an abandoned sign and shall be required to be removed by the owner without compensation.

4. Destroyed signs

(a) Non-conforming signs which have been damaged, except--by vandalism or by Acts of God, to the extent that the cost of reconstructing the sign exceeds 50% of the sign if it were constructed new shall be considered as being destroyed and shall be required to be removed by the owner without compensation.

5. Owners Liability

(a) Any signs listed in subparagraph 2, 3 and 4 of this paragraph removed by Division personnel, the sign owners shall be responsible for all costs incurred.

1.16 - DESTRUCTION OF TREES

A. General

1. In no case will the destruction of trees or shrubs within the right of way of any highway for the purpose of increasing or enhancing the visibility of an outdoor advertising sign be allowed.

B. Penalties

1. Persons who undertake such action will be

(a) Subject to possible criminal prosecution and

(b) Have the permit for the involved sign revoked and

(c) Responsible for any corrective action relative to the trees and shrubs deemed necessary by the Department.

1.17 PERMITS AND FEES

A. General

1. Section 1105, Subchapter 1, Chapter 11, Title 17 of the Delaware Code includes provisions for:

(a) The Department to issue and renew permits for each sign for a period of at least one year for the erection and maintenance of outdoor advertising signs, displays, and devices, and

(b) The Department to establish and collect fees for the issuance of permits and renewals thereof in an amount deemed necessary to defray the costs of this operation.

B. Duration of Permits

1. Each permit shall be valid for the period beginning January 1 and ending December 31 of each calendar year.

2. Permits granted during any month of the year shall expire oh December 31 of the same calendar year.

C. Fees

1. Each calendar year the Department shall review its administrative costs and the number of signs and determine the adequacy of present permit fees to defray the involved costs.

2. When a change in fee is necessary, the new fee shall become effective for all new permits immediately upon receipt of Department approval and for renewals on January 1 of the next calendar year following approval.

3. The fee for a portion of the calendar year will be the same as determined necessary for the entire calendar year.

4. The Department shall notify all interested parties of any change in fee.

1.18 - CERTIFICATION OF POLITICAL SUBDIVISIONS

A. General

1. Subsection (a) of Section 1103, Subchaptar 1, Chapter 11, Title 17 of the Delaware Code provides for the Department to certify a political subdivision as having effective control when such political subdivision has established and is enforcing regulations as to the size, spacing, and lighting of outdoor advertising signs, displays and devices in zoned commercial and industrial areas within its zoning jurisdiction.

2. Until such time as a political subdivision has been certified by the Department, full responsibility for the control of outdoor advertising within the controlled area shall remain with the Department. Upon certification, the authority and responsibility for the control of outdoor advertising shall pass to the political subdivision. A certified political subdivision shall implement control and surveillance procedures and maintain such records as may be necessary to assure compliance with its regulations.

3. The Department shall have the right to inspect any certified subdivisions procedures and records and if it is found that a subdivision's regulations are not being enforced, shall after 30 days written notice, resume full authority and responsibility for control of outdoor advertising in the controlled area.

4. Applications for certification shall be initiated by political subdivisions and shall be in writing addressed to the Secretary of the Department. Applications shall be processed in accordance with procedures promulgated by the Department.

5. The authority and responsibility for the control and regulation of directional and other official signs and notices as described in these regulations shall remain with the Department.

1.19 - POLITICAL SUBDIVISION REGULATIONS

A. A political subdivision of the State of Delaware may establish and maintain standards which are more restrictive with respect to certain signs than the standards in these rules and regulations.

1.20 - PENALTIES

A. Whoever violates the provisions of these regulations shall be fined not less than $10.00 nor more than $50.00.

B. Each day that a violation is allowed to continue beyond the legal notice shall be considered a separate offense.

1.21 - SEPARABILITY

A. The various paragraphs of these rules and regulations are declared to be separable and should any word, phrase, sentence or portion be declared invalid, the remaining portions shall not be affected, but shall remain in full force and effect.

OUTDOOR ADVERTISING REGULATIONS

1.01 - AUTHORITY

1.02 - APPLICABILITY

1.03 - PURPOSE

1.04 - DEFINITIONS

1.05 - STATUTORY REQUIREMENTS

1.06 - STANDARDS FOR DIRECTIONAL SIGNS

1.07 - STANDARDS FOR OFFICIAL SIGNS AND

NOTICES

1.08 - STANDARDS FOR PUBLIC UTILITY AND

RAILROAD SIGNS

1.09 - STANDARDS FOR SERVICE CLUB AND

RELIGIOUS NOTICES

1.10 - STANDARDS FOR PUBLIC SERVICE SIGNS

1.11 - STANDARDS FOR SIGNS REQUIRING A

LETTER OF PERMISSION FROM THE STATE

1.12 - STANDARDS FOR AGRI-PRODUCE SIGNS

1.13 - STANDARDS FOR SIGNS REQUIRING A STATE

OUTDOOR ADVERTISING PERMIT

1.14 - BONDING REQUIREMENTS

1.15 - MAINTENANCE OF SIGNS

1.16 - DESTRUCTION OF TREES

1.17 - PERMITS AND FEES

1.18 - CERTIFICATION OF POLITICAL SUBDIVISIONS

1.19 - POLITICAL SUBDIVISION REGULATIONS

1.20 - PENALTIES

1.21 - SEVERABILITY

1.01 - AUTHORITY

A. The following regulations are issued under the authority granted to the Department by Title 17 DE Code, Chapter 11, Subchapter I, Section 1103 (a) (2).

B. The Department of Transportation shall have overall jurisdiction and control throughout the State subject to the zoning process; the certification of political subdivisions; and the boundaries of incorporated municipalities and defined urban areas as provided in Title 17 DE Code, Chapter 11, Subchapter I, Sections 1102 (4) and (14); 1103 (c); and 1110 (b) (2) b. 2. and c. 1. and 2. and (4); and Subchapter II, Section 1121 (4). Within the Department, the responsibility for administration of the program shall rest with the Field Services Section of the Division of Highway Operations.

C. All interpretations will be made by the Secretary of the Department of Transportation of the State of Delaware, and his or her decisions will be final except in those cases where a point of law is raised.

1.02 - APPLICABILITY

A. The following regulations shall apply to all outdoor advertising or outdoor advertising signs which are and shall be erected and maintained within sight of the nearest edge of the right-of-way of any State-maintained roadway in this State (or within 660 feet, if within a defined urban area) and which are visible from the main traveled way of such roadways, as established in Title 17 DE Code, Chapter 11, Subchapter I, Section 1102 (b) (4), and as provided in Title 17 DE Code, Chapter 11, Subchapter II, Section 1121.

B. These regulations shall become effective upon approval by the Secretary of the Department of Transportation of the State of Delaware.

1.03 - PURPOSE

A. In Section 1101, Subchapter I, Chapter 11, Title 17 of the Delaware Code, the General Assembly has established that it is in the public's interest to control the erection and maintenance of outdoor advertising signs, displays, and devices in areas adjacent to the Interstate and primary systems in order to protect the public investment in such highways.

B. The General Assembly, by enactment of Section 1103, Subchapter I, Chapter 11, Title 17 of the Delaware Code, has directed the Department to enforce the provisions of Chapter 11 and to issue regulations to implement the policy and accomplish the purposes of the Chapter.

C. The following regulations are issued in response to that directive and to clarify and implement the Department's policy regarding the control of outdoor advertising.

1.04 - DEFINITIONS

A. For the purposes of these regulations, the following definitions shall apply:

1. "Outdoor advertising" or "outdoor advertising signs" or "sign" shall mean and shall include any outdoor sign, light, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing which is designed, intended, or used to advertise or inform, any part of the advertising or informative contents of which is visible from any place on the main traveled way of an Interstate or Federal-aid primary highway, or any other State-maintained roadway.

2. "Interstate system" means that portion of the National System of Interstate and Defense Highways located within the State of Delaware and 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 the provisions of Title 23, United States Code.

3. "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."

4. "A controlled area" shall mean, and "controlled areas" shall include, any area inside the boundaries of the State of Delaware which is adjacent to and within 660 feet of the edge of the right-of-way of a highway of the Interstate system or the primary system, and after July 1, 1975, beyond 660 feet, except that it shall remain 660 feet for signs located entirely within defined urban areas, as established in Title 17 DE Code, Chapter 11, Subchapter I, Section 1102 (b) (4).

5. "State law" or "Delaware law" means a State constitutional provision or statute; or an ordinance, rule, or regulation enacted or adopted by a State agency or political subdivision of a State pursuant to a State constitutional provision or statute.

6. "Safety rest area" means an area or site established and maintained within or adjacent to a right-of-way, by or under public supervision or control, for the convenience of the traveling public.

7. "Sign panel" or "panel" means a single advertising message on a rigid medium, physically and / or visually separate from other such messages by edges of materials or visual borders or boundaries; trim; etc.

8. "Department" means the Department of Transportation of the State of Delaware.

9. "Division" means the Division of Highway Operations under the Department of Transportation.

10. "Section" means the Field Services Section under the Division of Highway Operations.

11. "Nonconforming sign" is one which was lawfully erected, but which does not comply with the provisions of the laws of the State of Delaware or State regulations enacted at a later date, or which later fails to comply with such laws or regulations due to changed conditions.

12. "Illegal sign" means any sign which was erected and / or is maintained in violation of Delaware law.

13. "Illuminated sign" means any sign that is lighted internally or externally, and shall be defined as illuminated whether or not the light is attached to the sign structure.

14. "Centerline of the highway" means (1) a line equidistant from the edges of a median separating the main traveled ways of a divided highway; or (2) the centerline of the main traveled way of a nondivided highway; or (3) the centerline of each of the main traveled ways of a divided highway separated by more than the normal median width or constructed on independent alignment.

15. "Main traveled way" means the traveled way of a highway on which through-traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main traveled way. It does not include such facilities as frontage roads, turning roadways, or parking areas.

16. "Scenic area" means any area of particular scenic beauty or historical significance as determined by the Federal, State, or local officials having jurisdiction thereof, and includes interests in lands which have been acquired for the restoration, preservation, and enhancement of scenic beauty.

17. "Parkland" means any publicly owned land which is designated or used as a public park, recreation area, wildlife or waterfowl refuge, or historic site.

18. “Legible" means capable of being read without visual aid by a person of normal visual acuity.

19. "Maintain" means to allow to exist.

20. "Freeway" means a divided arterial highway for through-traffic, with full control of access.

21. "Abandoned sign" means any sign in which the owner has not demonstrated an interest by maintaining it in good condition.

22. "Zoned commercial or industrial areas" means those areas which are zoned for business, industry, commerce or trade pursuant to a State regulation or local zoning ordinance.

23. "Lease (license, contract, or easement)" means an agreement in writing by which possession or use of land or interests therein is given by the owner to another person for a specified period of time.

24. "Official signs and notices" means signs and notices erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction, pursuant to and in accordance with direction or authorization contained in Federal, State or local law, for the purposes of carrying out an official duty or responsibility. Historical markers authorized by State law and erected by State or local government agencies or nonprofit historical societies may be considered official signs.

25. "Public utility and railroad signs" means warning signs, informational signs, notices or markers which are customarily erected and maintained by publicly or privately owned public utilities or railroads as essential to their operations.

26. "Service club and religious notices" means signs and notices which relate to meetings of nonprofit service clubs or charitable associations, or religious services.

27. "Public service signs" means signs located on school bus stop shelters.

28. "Directional signs" means signs containing directional information about public places owned or operated by Federal, State or local governments or their agencies; publicly or privately owned natural phenomena; historic, cultural, scientific, educational, or religious sites; areas of natural scenic beauty; and areas which are naturally suited for outdoor recreation; for which such signs are deemed to be in the interest of the traveling public.

29. "On-premises signs" means those signs, displays and devices advertising the sale or lease of property upon which they are located; or those signs, displays, and devices advertising activities conducted on the property on which they are located.

30. "Double-faced; back-to-back; and V-type signs” shall mean those configurations of multiple sign structures as those terms are commonly understood, except that in no instance shall these terms include two or more signs which are not (1) in the same ownership; (2) physically contiguous; (3) connected by the same structure or crossbracing; or (4) in the case of back-to-back or V-type signs, less than 15 feet apart at their nearest points.

31. "Agri-produce signs" means those signs located on the property of a farmer, indicating the sale of seasonal agricultural products.

32. "Information center" means an area or site established and maintained at a safety rest area for the purpose of providing information to the public about places of interest within the State, and other information the Department deems desirable.

33. "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish, but it shall not include any of the foregoing activities when performed as an incident to the non-electro-mechanical change of advertising message or customary maintenance of a sign or sign structure.

34. "Commercial or industrial activities for purposes of unzoned commercial or industrial areas" means those activities generally recognized as commercial or industrial by zoning authorities within the State of Delaware, 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 Interstate and Federal-aid primary routes and all other State-maintained roadways.

(e) Activities conducted in buildings principally used as residences.

(f) Railroad tracks and minor sidings.

(g) Activities not visible from the main traveled way.

35. "Customary maintenance" means the action necessary to keep a sign in good condition by (1) replacement of parts damaged or worn by age, or (2) painting of areas exposed to the weather (as the major portion of the sign); but shall not include either (a) maintenance which would be necessary for signs over 50% damaged (except by vandalism or Act of God circumstances) or in 50% disrepair, or (b) maintenance which would increase the size or monetary value of the sign.

36. "Free-standing sign" means any sign not attached or affixed to a building for its principal means of support.

37. "Political subdivision" means any municipal or county government duly established under the provisions of the Delaware Code.

38. "Sign facing" or "face" means a side (such as "the front" or "the back" or "the north-facing side") of a sign, to or upon which one or more sign panels are or may be affixed or attached.

39. "Electro-mechanical variable-message sign" means a sign that displays different messages, one at a time, within defined time intervals, and that changes messages by mechanical and / or electrical means.

40. "Static-message sign" means a sign that displays a message that does not change except by replacement, re-painting, or similar means.

41. "Time of message display" means the length the time that a single message is displayed by an electro-mechanical variable-message sign.

42. "Time interval between messages" means the time interval required for one message on an electro-mechanical variable-message sign to finish changing to a different message.

43. "Urban area" or "urban boundaries" is as defined in 23 U.S.C. 101 (a).

44. "Manually-changeable-message sign" means a sign, the message of which can be changed (such as by the replacement of individual letters) by hand (or with the assistance of a hand-operated tool), and only by hand.

45. "Obsolete" means a sign that identifies or advertises a business or other entity that has relocated or no longer exists, or products or services that are no longer available, or events or activities that have transpired.

46. "State" means the State of Delaware.

1.05 - STATUTORY REQUIREMENTS

A. Section 1121, Subchapter II, Chapter 11, Title 17 of the Delaware Code provides that signs, displays or devices within the controlled area and visible from the main traveled way of the Interstate and primary systems shall be limited to the following types:

1. Official signs and notices; public utility and railroad signs; service club and religious notices; public service signs; and directional signs.

2. Those signs, displays and devices advertising the sale or lease of the real property upon which they are located.

3. Those signs, displays and devices advertising activities conducted on the real property upon which they are located.

4. Signs, displays, and devices located either (1) 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 regulations and control, which are zoned industrial and commercial; or (2) 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 at its present location. Should the 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.

B. The limitations established by this section (1.05) shall be applicable to signs, displays or devices within the controlled areas of all other State-maintained roadways with the approval of these regulations.

1.06 - STANDARDS FOR DIRECTIONAL SIGNS

A. General: Permits as described in section 1.17 of these regulations shall not be required for directional signs.

1. A directional sign shall be erected only after first securing the written approval of the Department. Requests for approval to erect a directional sign shall be in writing, directed to the Department for the attention of the Manager of the Roadside Control Section. All requests shall be processed in accordance with procedures promulgated by the Department.

2. The following directional signs are prohibited:

(a) Signs advertising activities that are illegal under Federal or State laws or regulations in effect at the location of those signs or at the location of the activity.

(b) Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device; or to obstruct or interfere with a driver's view of approaching, merging, or intersecting traffic.

(c) Signs which are erected or maintained upon trees or utility poles, or are attached to or painted or drawn upon rocks or other natural features.

(d) Obsolete signs.

(e) Signs which are structurally unsafe or in disrepair.

(f) Signs which move or have any animated or moving parts.

(g) Signs located in rest areas, parklands or scenic areas.

(h) Signs not in conformance with applicable wind pressure requirements as specified by adopted local building code, or 25 pounds per square foot (whichever is greater).

(i) Signs for privately owned facilities unless such facilities are determined to be eligible for signing under the criteria and methods described in part ‘F’ of this section (1.06).

B. Size

1. The following limits shall apply to directional signs:

(a) Maximum area: 150 square feet

(b) Maximum height: 20 feet

(c) Maximum length: 20 feet

2. All dimensions shall include border and trim but shall exclude supports.

C. Lighting

1. Directional signs may be illuminated, subject to the following:

(a) Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited.

(b) Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an Interstate or primary system highway or any other State-maintained roadway, or which are of such intensity or brilliance as to impair the vision of a driver of a motor vehicle, or which otherwise interfere with a driver’s operation of a motor vehicle, are prohibited.

(c) No sign may be so illuminated as to interfere with the effectiveness of, or obscure, an official traffic sign, device or signal.

D. Spacing

1. Each location of a directional sign must be approved by the Department.

2. A directional sign must be located beyond 2,000 feet of an interchange or intersection at grade along the Interstate system or other freeways (measured along the Interstate or freeway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to themain traveled way), unless erected by the Department.

3. A directional sign must be located beyond 2,000 feet of a rest area, parkland, scenic area (measured as for an interchange or intersection at grade, as described above), unless erected by the Department.

4. Number and mileage requirements

(a) Directional signs facing the same direction of travel must be placed more than 1 mile apart.

(b) A maximum of three directional signs pertaining to the same activity and facing the same direction of travel may be erected along a single route approaching the activity.

(c) Signs located adjacent to the Interstate system must be within 75 air miles of the activity.

(d) Signs located adjacent to the primary system must be within 50 air miles of the activity.

5. In determining the distance between signs facing in the same direction, and those within a seventy-five air mile radius, signs beyond the controlled area shall not be considered.

6. Signs legally in place within the controlled area shall be considered as though they were erected under these regulations.

E. Message content

1. The message of directional signs shall be limited to the identification of the attraction or activity and directional information useful to the traveler in locating the attraction, such as mileage, route numbers, or exit numbers. Descriptive words or phrases, or pictorial or photographic representations of the activity or its environs, are prohibited.

F. Criteria for eligibility

1. The criteria for determining whether or not a privately owned facility is eligible for directional signing shall be that criteria presently utilized or hereafter adopted by one of the existing State agencies where primary purpose is the control and administration of the type of specific unique phenomena or site for which a directional sign application may be made.

2. A determination by the State agency to which a request is referred as to whether or not a privately owned facility is eligible for directional signing shall be binding on the Department.

G. Eligible activities

1. Privately owned activities or attractions eligible for directional signing shall be limited to the following: natural phenomena; scenic attractions; historic, educational, cultural, scientific, and religious sites; and outdoor recreational areas, any of which must be nationally or regionally known, and of outstanding interest to the traveling public, as determined by the appropriate State agency authority.

1.07 - STANDARDS FOR OFFICIAL SIGNS AND NOTICES

A. General: Permits as described in section 1.17 of these regulations shall not be required for official signs and notices.

1. An official sign or notice shall be erected only after first securing written approval of the Department. Requests for approval to erect such signs shall be made and processed in the same manner as for directional signs, as described in section 1.06 of these regulations.

B. Official signs and notices shall be limited to the following:

1. Signs and notices erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorization by Federal, State or local law for the purposes of carrying out an official duty or responsibility.

2. Historical markers authorized by State law and erected by State or local government agencies or nonprofit historical societies.

C. The following signs are prohibited:

1. Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device; or to obstruct or interfere with a driver's view of approaching, merging, or intersecting traffic.

2. Signs which are erected or maintained upon trees or utility poles, or are attached to or painted or drawn upon rocks or other natural features.

3. Obsolete signs.

4. Signs which are structurally unsafe or in disrepair.

D. Size

1. The following limits shall apply to official signs and notices:

(a) Maximum area: 15 square feet

(b) Maximum height: 5 feet

(c) Maximum length: 5 feet

2. All dimensions shall include border and trim but shall exclude supports.

E. Lighting

1. Official signs and notices 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 only public service information.

(b) Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an Interstate or primary highway or any other State-maintained roadway, or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of a motor vehicle, or which otherwise interfere with a driver’s operation of a motor vehicle, are prohibited.

(c) Signs so illuminated as to interfere with the effectiveness of, or obscure, an official traffic sign, device, or signal, are prohibited.

F. Spacing

1. Each location of an official sign or notice must be approved by the Department.

2. An official sign or notice, except when erected by the Department, shall be located beyond 2,000 feet of an interchange or intersection at grade along the Interstate system or other freeways (measured along the interstate or freeway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main traveled way).

3. An official sign or notice, except when erected by the Department, shall be located beyond 2,000 feet of a rest area, parkland, or scenic area (measured as for an interchange or intersection at grade, as described above).

1.08 - STANDARDS FOR PUBLIC UTILITY AND RAILROAD SIGNS

A. General: The erection of a public utility or railroad sign may be undertaken without Department approval.

1. Such signs will be limited to warning signs, informational signs, and notices or markers which are customarily erected and maintained by publicly or privately owned public utilities or railroads as essential to their operation.

B. Size

1. The following limits shall apply to public utility and railroad signs:

(a) Maximum area: 4 square feet

(b) Maximum height: 4 feet

(c) Maximum length: 4 feet

2. All dimensions shall include border and trim but shall exclude supports.

C. Lighting

1. 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 railroad crossing signals).

(b) Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an Interstate or primary highway or any other State-maintained roadway, or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of a motor vehicle, or which otherwise interfere with a driver's operation of a motor vehicle, are prohibited.

(c) Signs so illuminated as to interfere with the effectiveness of, or obscure, an official traffic sign, device, or signal, are prohibited.

D. Spacing

1. The number and spacing of public utility and railroad signs shall be limited to those customarily erected and maintained as essential to the operation of a particular utility or railroad.

1.09 - STANDARDS FOR SERVICE CLUB AND RELIGIOUS NOTICES

A. General: Service club or religious notices shall be erected or maintained only after first securing approval from the Department.

1. Requests for permission must be made in writing to the Department, directed to the attention of the Manager of the Roadside Control Section. Applications will be processed in accordance with procedures promulgated by the Department.

B. Service club and religious notice signs shall be limited to the following:

1. Signs and notices relating to meetings of nonprofit service clubs.

2. Signs and notices of charitable associations.

3. Signs and notices stating place and time of religious services.

C. The following service club and religious notice signs are prohibited:

1. Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device, or to obstruct or interfere with a driver's view of approaching, merging, or intersecting traffic.

2. Signs which are erected or maintained upon trees or utility poles, or are attached to or painted or drawn upon rocks or other natural features.

3. Obsolete signs.

4. Signs which are structurally unsafe or in disrepair.

5. Signs which move or have any animated or moving parts.

6. Signs located in rest areas, parklands or scenic areas.

D. Size

1. The following limits shall apply to service club and religious notices:

(a) Maximum area: 4 square feet

(b) Maximum height: 2 feet

(c) Maximum length: 2 feet

E. Lighting

1. Illumination of service club and religious notices is prohibited.

F. Spacing

1. A sign may be placed on a major route entering the vicinity of the involved activity, but must be located within one-half mile of the meeting place.

G. Number

1. Total number of service club and religious notices about a particular locale shall not exceed two.

1.10 - STANDARDS FOR PUBLIC SERVICE SIGNS

A. General: Public service signs shall not be erected or maintained without first securing a State outdoor advertising permit from the Department as required by these regulations.

1. Applications shall be made and processed in accordance with procedures promulgated by the Department.

2. A certification by the Delaware State Department of Education that each shelter on which signs are or are to be erected is needed to provide shelter for students at that location, shall accompany each application.

B. Public service signs shall be limited to the following:

1. Signs which identify the donor, sponsor, or contributors of the shelter on which the sign is erected; and / or

2. Which contain safety slogans or messages which shall occupy not less than 60 percent of the area of the sign; and

3. Which contain no other message.

C. Size

1. Public service signs shall not exceed 32 square feet in area.

D. Lighting

1. Illumination of public service signs is prohibited.

E. Number and placement

1. Only two public service signs shall be permitted at any one location. A signwill only be approved for a shelter provided it does not in any way obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device; or obstruct or interfere with a driver's view of approaching, merging, or intersecting traffic; or interfere with the safe and free flow of traffic in any way.

1.11 - STANDARDS FOR SIGNS REQUIRING A LETTER OF PERMISSION FROM THE STATE

A. General: Section 1114, Subchapter I, Chapter 11, Title 17 of the Delaware Code exempts certain signs from all provisions of Subchapter I, except that such signs shall be subject to the regulations established by the Department as required by Section 1103 of Subchapter I, Chapter 11 of Title 17.

B. Eligibility

1. An outdoor advertising sign, display, or device in a controlled area shall require a letter of permission from the State, but shall not require a State outdoor advertising permit, if:

(a) It is located on the same premises as the activity or property advertised; and

(b) It has as its sole purpose the identification of the activity conducted on the premises, or the advertisement of the sale or lease of the property on which it is located; and

(c) It meets the size requirements as specified in Title 17 DE Code, Chapter 11, Subchapter I , Section 1114 (1) or (2); or

(d) It is a sign of one of the classes of signs specified as excepted in Title 17 DE Code, Chapter 11, Subchapter I , Section 1114 (3) through (7).

C. Premise test

1. As used in these regulations, the premises on which an activity is conducted shall be the land occupied by the building or other physical uses that are necessary or customarily incident to the activity, including such open spaces as are arranged and designed to be used in connection with such buildings or uses.

2. The following will not be considered to be a part of the premises on which an activity is conducted, and any signs located on such land will be considered signs requiring a State outdoor advertising permit:

(a) Any land not used as an integral part of the principal activity; or

(b) Any land used for a separate purpose unrelated to the advertised activity; or

(c) Any land at some distance from the principal activity, and in closer proximity to the roadway than the principal activity, and developed or used only in the area of the sign site, or between the sign site and the principal activity, and occupied solely by structures or uses only incidental to the principal activity, and which serve no reasonable purpose other than to qualify the land for signing purposes; or

(d) Any configuration of land which is such that it cannot be put to any reasonable use related to the principal activity other than for signing purposes; or

(e) Any land which is nonbuildable, such as swamp, marsh or other wetland; or

(f) Any land which is common or private roadway or held by easement or other lesser interest than the premises where the advertised activity is located; or

(g) Any land in excess of 50 feet from the principal activity or accessory uses (except that this restriction shall not apply to agri-produce signs).

D. Purpose test

1. The following signs, displays, and devices shall be considered as having as their purpose (1) the identification of the activity located on the premises or its products or services; or (2) the sale or lease of the property on which the sign is located:

(a) Any sign which consists solely of the name of the establishment.

(b) Any sign which identifies the establishment's principal or accessory products or services offered on the premises.

(c) Any sign which has no message content other than "for sale" or "for lease."

2. Signs in the following categories shall be considered as not fulfilling purpose requirements and shall be deemed to be, and regulated as, signs requiring a State outdoor advertising permit:

(a) A sign which brings rental income to the property owner; or

(b) Which consists principally of brand or trade name advertising; or

(c) Which advertises a product only incidental to the principal activity; or

(d) Which advertises, in addition to the activities conducted on the premises, activities not conducted on the premises; or

(e) One which, in addition to the sale or lease aspects of the property, advertises any product or service not located upon, or unrelated to, the business of selling or leasing the land on which the sign is located.

E. Applications

1. No sign, unless it is specifically exempted from State regulation by DE Code or the terms of these regulations, shall be erected before written approval is secured from the Department.

2. Each application must be made in writing to the Department, directed to the attention of the Manager of the Roadside Control Section. Applications will be processed in accordance with procedures promulgated by the Department.

F. The following are prohibited:

1. Signs advertising activities that are illegal under Federal and State laws or regulations in effect at the location of those signs or at the location of the activity.

2. Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device, or obstruct or interfere with a driver's view of approaching, merging, or intersecting traffic.

3. Signs which are erected or maintained upon trees or utility poles, or are attached to or painted or drawn upon rocks or other natural features.

4. Obsolete signs.

5. Signs which are structurally unsafe or in disrepair.

6. Signs which move or have any animated or moving parts.

7. Signs not in conformance with applicable wind pressure requirements determined by adopted local building code or 25 pounds per square foot, whichever is greater.

G. Size

1. In order not to require a State outdoor advertising permit, a sign (either attached or free-standing) erected or maintained upon property to identify a business conducted thereon may not exceed 32 square feet in total area (sum of all panels).

2. A sign advertising the sale or lease of property may not exceed 12 square feet for a residential-zoned property and 32 square feet for any other zoning.

3. All measurements shall include border and trim, but shall exclude supports.

4. Signs exceeding these size limits shall be considered as not fulfilling size requirements and shall be deemed to be, and regulated as, signs requiring a State outdoor advertising permit.

H. Lighting

1. Signs may be illuminated subject to the following:

(a) Signs which contain, include, or are illuminated by any flashing, intermittent, or, oving light or lights are prohibited.

(b) Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an Interstate or Primary highway or any other State-maintained roadway, or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of a motor vehicle, or which otherwise interfere with a driver's operation of a motor vehicle, are prohibited.

(c) Signs so illuminated as to interfere with the effectiveness of, or obscure, an official traffic sign, device, or signal, are prohibited.

I. Spacing

1. Spacing requirements shall not apply except that a maximum of 10 signs, with a combined total area of not more than 500 square feet, shall be allowed at any one location.

2. Free-standing signs shall be limited to two per highway and shall be permitted only along the highway or highways to which access is provided.

3. "For-sale" or "for-lease" signs shall be limited to a total of two for any one property.

J. Subdivision signs

1. Subdivision signs which basically indicate the name of the individual suburban community are allowable, provided:

(a) They are erected within the subdivision limits.

(b) The prime intent is identification.

(c) They have received prior approval from the Department

(d) They meet all eligibility tests specified in this section.

1.12 - STANDARDS FOR AGRI-PRODUCE SIGNS

A. General: Agri-produce signs may not be erected on the Interstate system unless they meet fully the requirements for signs requiring a letter of permission from the State, but not a State outdoor advertising permit, as established in section 1.11 of these regulations.

1. Each application must be made in writing to the Department, directed to the attention of the Manager of the Roadside Control Section. Applications will be processed in accordance with procedures promulgated by the Department.

2. On other systems, agri-produce signs shall be considered as signs requiring a letter of permission from the State and shall be subject to the same requirements and conditions as described for signs requiring a letter of permission from the State, but not a State outdoor advertising permit, in section 1.11 of these regulations, with the following exceptions:

(a) Free-standing agri-produce signs shall be allowed to remain erected only during the seasonal period from May 1 through September 30. During the off-season, signs of this type shall be removed.

(b) Free-standing agri-produce signs may be located more than 50 feet, but not more than 500 feet, from the activity, and on the same property as the activity being conducted.

B. The following signs are prohibited:

1. Signs advertising activities that are illegal under Federal and State laws or regulations in effect at the location of those signs or at the location of the activity.

2. Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device, or obstruct or interfere with a driver's view of approaching, merging, or intersecting traffic.

3. Signs which are erected or maintained upon trees or utility poles, or are attached to or painted or drawn upon rocks or other natural features.

4. Obsolete signs.

5. Signs which are structurally unsafe or in disrepair.

6. Signs which move or have any animated or moving parts.

7. Signs not in conformance with applicable wind pressure requirements determined by adopted local building code or 25 pounds per square foot, whichever is greater.

C. Size

1. The following limits shall apply to agri-produce signs:

(a) Maximum area: 32 square feet

(b) Maximum height: 8 feet

(c) Maximum length: 8 feet

(d) Total sign area allowable per property: 100 square feet (maximum)

D. Lighting

1. Signs may be illuminated, subject to the following:

(a) Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited.

(b) Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an Interstate or pimary highway or any other State-maintained roadway, or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of a motor vehicle, or which otherwise interfere with a driver's operation of a motor vehicle, are prohibited.

(c) Signs so illuminated as to interfere with the effectiveness of, or obscure, an official traffic sign, device, or signal, are prohibited.

E. Spacing

1. Each location of an agri-produce sign must be approved by the Department, and written approval must be received prior to erection of any signs.

2. Each sign must be located within 500 feet of the activity, on the same property and on the same side of the roadway as the activity.

F. Number

1. Each location may have a variable number of agri-produce signs, provided the total sign area allowable per property is not exceeded.

G. Safety of the traveling public

1. At all times the Division must give prime consideration to the safety of the traveling public and if at any time an unsafe condition should arise, the Department shall advise the location owner of certain positive steps which must be undertaken within a specified duration of time. Failure to comply with the required improvements will result in suspension of the approval and removal of the sign or signs until such time that corrective measures have been implemented.

1.13 - STANDARDS FOR SIGNS REQUIRING A STATE OUTDOOR ADVERTISING PERMIT

I. STATIC-MESSAGE SIGNS

A. General: Except as otherwise provided in DE Code and these regulations, no static-message outdoor advertising signs, displays, or devices shall be permitted to be erected or maintained except within controlled areas zoned as commercial or industrial under authority of State law; or pursuant to Title 17 DE Code, Chapter 11, Subchapter II, Section 1121 (6).

1. Except as otherwise provided in DE Code and these regulations, State outdoor advertising permits shall be required for all such signs. Applications and permits shall be processed in accordance with procedures promulgated by the Department.

2. In zoned commercial and industrial areas where the political subdivision has regulations governing the size, spacing and lighting of outdoor advertising signs, such regulations shall control and govern in political subdivisions certified for the regulation of outdoor advertising by the Secretary of Transportation of the United States. Absent such certification, both local and State regulations shall apply.

3. This category includes manually-changeable-message signs.

B. Order of consideration of applications

1. Applications for outdoor advertising permits will be processed in the order that they are received by the Department. Applications will be date-and-time-stamped upon receipt by the Department.

2. If applications for State outdoor advertising permits are received by the Department for two or more signs in such proximity to each other, or to existing permitted signs, or for any other reason such that only one of them may receive a State outdoor advertising permit, they will be considered in the order in which they are received by the Department, and the first to be found to be eligible for a State outdoor advertising permit shall be issued one (or shall be authorized to be constructed and erected).

3. An application rejected for incompleteness, inaccuracy or other valid cause shall not retain its place before other competing applications (if any), but, if resubmitted, will be considered a new application as of the date and time it is received.

C. The following static-message signs are prohibited:

1. Signs advertising activities that are illegal under Federal or State laws or regulations in effect at the location of those signs or at the location of the activity.

2. Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device, or obstruct or interfere with a driver's view of approaching, merging, or intersecting traffic.

3. Signs which are erected or maintained upon trees or utility poles, or are attached to or painted or drawn upon rocks or other natural features.

4. Obsolete signs.

5. Signs which are structurally unsafe or in disrepair.

6. Signs not in conformance with applicable wind pressure requirements determined by adopted local building code, or 25 pounds per square foot, whichever is greater.

7. Signs which move or have any animated or moving parts.

D. Size

1. The maximum area for any static-message outdoor advertising sign facing shall be 1,200 square feet, with a maximum height of 25 feet or a maximum length of 60 feet.

2. The area shall be measured by the smallest square, rectangle, triangle, circle, or combination thereof which will encompass the entire sign.

3. All dimensions shall include border and trim but shall exclude supports.

4. A static-message sign structure may contain one or two static-message sign panels per facing and two 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.

5. A static-message sign panel which exceeds 600 square feet in area may not be on the same sign facing with any other panel.

E. Lighting

1. Static-message 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.

(b) Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an Interstate or primary highway or any other State-maintained roadway, or which are of such intensity or brilliance as to ause glare or to impair the vision of the driver of a motor vehicle, or which otherwise interfere with a driver's operation of a motor vehicle, are prohibited.

(c) Signs so illuminated as to interfere with the effectiveness of, or obscure, an official traffic sign, device, or signal, are prohibited.

(d) All such lighting shall be subject to any other provisions relating to lighting of signs presently applicable to all highways under the jurisdiction of the Department.

F. Spacing

1. For Interstate and controlled-access highways, the structure for any outdoor advertising sign requiring a State outdoor advertising permit shall be at least 500 feet from any other such structure.

2. For non-controlled-access highways outside of incorporated municipalities, the structure for any outdoor advertising sign requiring a State outdoor advertising permit shall be at least 300 feet from any other such structure. For non-controlled-access highways within incorporated municipalities, the structure for any static-message outdoor advertising sign requiring a State outdoor advertising permit shall be at least 100 feet from any other static-message outdoor advertising sign requiring a State outdoor advertising permit (and at least 200 feet from an electro-mechanical variable message sign).

3. When outdoor advertising signs requiring State outdoor advertising permits are separated by buildings or other obstructions in such a manner that only one sign facing located within the above spacing distances is visible from the roadway at one time, the above spacing distances shall not apply.

4. The minimum distance between outdoor advertising signs requiring State outdoor advertising permits shall be measured along the nearest edge of the pavement between points directly opposite the signs and shall apply only to outdoor advertising structures located on the same side of the highway.

5. Outside of incorporated municipalities, outdoor advertising signs shall be located 500 feet (minimum distance) from any interchange, intersection at grade, safety rest area or information center on any Interstate or primary roadway (as 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).

6. No outdoor advertising sign shall be placed within 35 feet of any highway rights-of-way at an intersection where two or more converge, unless the bottom of such a sign is at least 8 feet above ground level or road bed, whichever is higher.

7. Signs not requiring State outdoor advertising permits, as defined in these regulations, shall not be counted, nor shall measurements be made from them, for purposes of determining compliance with spacing requirements for signs requiring State outdoor advertising permits.

8. Except for signs, displays or devices advertising 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, as provided in 17 DE Code 11, Section 1108 (c), no outdoor advertising sign, display or device requiring a State outdoor advertising permit shall be erected within 25 feet of the right-of-way line of any public highway if visible from any portion of the same, as provided in 17 DE Code 11, section 1108 (a).

G. Non-conforming signs

1. A legally erected outdoor advertising sign requiring a State outdoor advertising permit found not to be in compliance with the spacing requirements of this section shall be determined to be a non-conforming sign and shall be purchased as provided by State law and in accordance with policy and procedures developed and adopted by the Department.

2. In any instance where it is found that two or more outdoor advertising signs requiring State outdoor advertising permits do not meet spacing requirement, the date of the issuance of the original permit shall control, with the older being allowed to remain and the newer being determined to be a non-conforming sign (as above).

H. Control by political subdivisions

1. At any time that a political subdivision adopts comprehensive zoning laws that provide for the regulation of size, lighting and spacing of outdoor advertising signs in commercial and industrial zones, and enforces such laws, and applies for and is certified by the Department under the provisions of section 1.18 of these regulations, control of outdoor advertising signs located entirely within such political subdivision shall pass to such political subdivision.

II. ELECTRO-MECHANICAL VARIABLE-MESSAGE SIGNS

A. General: Except as otherwise provided in DE Code and these regulations, no electro-mechanical variable-message outdoor advertising signs, displays, or devices shall be permitted to be erected or maintained except within controlled areas zoned as commercial or industrial under authority of State law; or pursuant to Title 17 DE Code, Chapter 11, Subchapter II, Section 1121 (6).

1. Except as otherwise provided in DE Code and these regulations, State outdoor advertising permits shall be required for all such signs. Applications and permits shall be processed in accordance with procedures promulgated by the Department.

2. In zoned commercial and industrial areas where the political subdivision has regulations governing the size, spacing and lighting of outdoor advertising signs, such regulations shall control and govern in political subdivisions certified for the regulation of outdoor advertising by the Secretary of Transportation of the United States. Absent such certification, both local and State regulations shall apply.

B. Eligibility

1. An electo-mechanical variable-message outdoor advertising sign, display or device shall be eligible for a State outdoor advertising permit only if:

(a) It is located on the same property and premises as the activity or property advertised; and

(b) It has as its purpose the identification of the activity conducted on the premises, or advertises the sale or lease of the property on which it is located; and

(c) It meets the size and other requirements as specified in these regulations.

C. Premise Test

1. As used in these regulations, the premises on which an activity is conducted shall be the land occupied by the building or other physical uses that are necessary or customarily incident to the activity, including such open spaces as are arranged and designed to be used in connection with such buildings or uses.

2. The following will not be considered to be a part of the premises on which an activity is conducted:

(a) Any land not used as an integral part of the principal activity; or

(b) Any land used for a separate purpose unrelated to the advertised activity; or

(c) Any land at some distance from the principal activity, and in closer proximity to the highway than the principal activity, and developed or used only in the area of the sign site, or between the sign site and the principal activity, and occupied solely by structures or uses only incidental to the principal activity, and which serve no reasonable purpose other than to qualify the land for signing purposes; or

(d) Any configuration of land which is such that it cannot be put to any reasonable use related to the principal activity other than for signing purposes; or

(e) Any land which is nonbuildable, such as swamp, marsh or other wetland; or

(f) Any land which is common or private roadway or held by easement or other lesser interest than the premises where the advertised activity is located; or

(g) Any land in excess of 50 feet from the principal activity or accessory uses.

D. Purpose test

1. The following signs, displays, and devices shall be considered as having as their purpose (1) the identification of the activity located on the premises or its products or services; or (2) the sale or lease of the property on which the sign is located:

(a) Any sign which consists solely of the name of the establishment.

(b) Any sign which identifies the establishment's principal or accessory products or services offered on the premises.

(c) Any sign which has no message content other than "for sale" or "for lease."

2. Signs in the following categories shall be considered as not fulfilling purpose requirements:

(a) A sign which brings rental income to the property owner; or

(b) Which consists principally of brand or trade name advertising; or

(c) Which advertises a product only incidental to the principal activity; or

(d) Which advertises, in addition to the activities conducted on the premises, activities not conducted on the premises; or

(e) One which, in addition to the sale or lease aspects of the property, advertises any product or service not located upon, or unrelated to, the business of selling or leasing the land on which the sign is located.

E. Order of consideration of applications

1. Applications for outdoor advertising permits will be processed in the order that they are received by the Department. Applications will be date-and-time-stamped upon receipt by the Department.

2. If applications for State outdoor advertising permits are received by the Department for two or more signs in such proximity to each other, or to existing permitted signs, or for any other reason such that only one of them may receive a State outdoor advertising permit, they will be considered in the order in which they are received by the Department, and the first to be found to be eligible for a State outdoor advertising permit shall be issued one (or shall be authorized to be constructed and erected).

3. An application rejected for incompleteness, inaccuracy or other valid cause shall not retain its place before other competing applications (if any), but, if resubmitted, will be considered a new application as of the date and time it is received.

F. The following are prohibited:

1. Signs advertising activities that are illegal under Federal and State laws or regulations in effect at the location of those signs or at the location of the activity.

2. Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device, or obstruct or interfere with a driver's view of approaching, merging, or intersecting traffic.

3. Signs which are erected or maintained upon trees or utility poles or are attached to or painted or drawn upon rocks or other natural features.

4. Obsolete signs.

5. Signs which are structurally unsafe or in disrepair.

6. Signs which move or have any animated or moving parts other than the electro-mechanical variable-message part.

7. Signs not in conformance with applicable wind pressure requirements determined by adopted local building code or 25 pounds per square foot, whichever is greater.

G. Size

1. The maximum area for any electro-mechanical variable-message outdoor advertising sign facing shall be 150 square feet with a maximum height or length not to exceed 15 feet.

2. The area shall be measured by the smallest square, rectangle, triangle, circle, or combination thereof which will encompass the entire sign.

3. All dimensions shall include border and trim, but shall exclude supports.

4. Two electro-mechanical variable-message sign facings may be placed back-to-back or in a V-type configuration, but in no event shall the total area of any facing exceed 150 square feet.

H. Lighting

1. Electro-mechanical variable-message signs may be illuminated, subject to the following restrictions:

(a) Electro-mechanical variable-message signs shall have a time of message display for complete messages of no less than 60 seconds and have a time interval between messages of 2 seconds or less. Message changes must be accomplished by nondistractive means.

(b) Electro-mechanical variable-message signs which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled ways of any roadway, or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of a motor vehicle, or which otherwise interfere with a driver's operation of a motor vehicle, are prohibited.

(c) Electro-mechanical variable-message signs so illuminated as to interfere with the effectiveness of, or obstruct, an official traffic sign, device, or signal, are prohibited.

(d) All such lighting shall be subject to any other provisions relating to lighting of signs presently applicable to all highways under the jurisdiction of the Department.

I. Spacing

1. For Interstate and controlled-access highways, the structure for an electro-mechanical variable-message outdoor advertising sign shall be at least 500 feet from any static-message outdoor advertising sign requiring a State outdoor advertising permit.

2. For non-controlled-access highways outside of incorporated municipalities, the structure for an electro-mechanical variable-message outdoor advertising sign shall be at least 300 feet from any static-message outdoor advertising sign requiring a State outdoor advertising permit. For non-controlled-access highways within incorporated municipalities, the structure for an electro-mechanical variable message sign shall be at least 200 feet from any static-message outdoor advertising sign requiring a State outdoor advertising permit.

3. When electro-mechanical variable-message outdoor advertising sign structures are separated from any static-message outdoor advertising sign requiring a State outdoor advertising permit by buildings or other obstructions in such a manner that only one sign facing located within the above spacing distances is visible from the roadway at one time, the above spacing distances shall not apply. This exception shall not be construed to mean that electro-mechanical variable-message outdoor advertising signs may be erected nearer to each other than specified in paragraphs four and five (following) if only one of them could be seen from the roadway at any one time due to an intervening obstruction (as above).

4. An electro-mechanical variable-message sign that is visible from any State-maintained roadway (or, within an urban area, is within 660 feet of the right-of-way of any State-maintained roadway) shall not be located less than 5,280 feet (one mile) from any other electro-mechanical variable-message sign that is adjacent to the same roadway (whether on the same or the opposite side of the roadway).

5. Where State-maintained roadways intersect, and one of them has an electro-mechanical variable-message sign within a mile of the intersection, no electro-mechanical variable message sign may be erected on the other roadway(s) within a mile of the intersection.

6. Distances between signs shall be measured along the nearest edge of the pavement between points directly opposite the signs.

7. Outside of incorporated municipalities, any outdoor advertising signs shall be located 500 feet (minimum distance) from any interchange, intersection at grade, safety rest area or information center on any Interstate or primary roadway (as 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).

8. No outdoor advertising sign shall be placed within 35 feet of any highway rights-of-way at an intersection where two or more converge, unless the bottom of such a sign is at least 8 feet above ground level or road bed, whichever is higher.

9. Signs not requiring State outdoor advertising permits, as defined in these regulations, shall not be counted, nor shall measurements be made from them, for purposes of determining compliance with spacing requirements for signs requiring State outdoor advertising permits.

J. Non-conforming signs

1. A legally erected outdoor advertising sign requiring a State outdoor advertising permit found not to be in compliance with the spacing requirements of this section shall be determined to be a non-conforming sign and shall be purchased as provided by State law and in accordance with policy and procedures developed and adopted by the Department.

2. In any instance where it is found that two or more outdoor advertising signs requiring State outdoor advertising permits do not meet spacing requirement, the date of the issuance of the original permit shall control, with the older being allowed to remain and the newer being determined to be a non-conforming sign (as above).

K. Control by political subdivisions

1. At any time that a political subdivision adopts comprehensive zoning laws that provide for the regulation of size, lighting and spacing of outdoor advertising signs in commercial and industrial zones, and enforces such laws, and applies for and is certified by the Department under the provisions of section 1.18 of these regulations, control of outdoor advertising signs located entirely within such political subdivision shall pass to such political subdivision.

L. Number of panels

1. An electro-mechanical variable-message sign facing may not contain more than one electro-mechanical variable-mesage panel. A static message panel may be affixed to the same sign facing as an electro-mechanical variable-message panel, but the total square footage of the facing may not exceed 150 square feet.

1.14 - BONDING REQUIREMENTS

A. Any non-resident or foreign corporation engaged in the business of outdoor advertising shall be granted a permit for the posting or display of any advertisement; or the erection, use or maintenance of any advertising structure; only after such persons shall have furnished and filed with the Roadside Control Section a bond payable to the State of Delaware, with surety approved by the Department, and in the sum of $5,000.00, conditioned that said individual company or corporation fulfills all the requirements of law and regulations and orders of the Department relating to the display of advertisements or the erection of advertising structures. Such bond shall remain in full force and effect until such obligations of such licensee to the State are satisfied.

1.15 - MAINTENANCE OF SIGNS

A. General

1. All signs within the controlled areas shall be maintained in a good state of repair at all times. When any sign is damaged or falls into disrepair to the extent that obvious repairs are needed, the owner shall be notified by Certified Mail to make all necessary and allowable repairs. If the sign is not repaired, rebuilt, or removed within six months of said notification, the applicable sign permit shall lapse and become null and void. In these cases where permits are not required, such signs will be considered as being abandoned and will be removed by the Department.

B. Alterations

1. The size and shape of signs may be altered during repair, with the exception of non-conforming signs, providing that:

(a) At least ten working days prior to beginning of alterations, written notice is furnished to the Department fully, defining the nature and extent of the proposed alterations; and

(b) Alterations do not exceed permit limits; and

(c) Other requirements of these regulations are met.

C. Relocation of signs

1. With the exception of non-conforming signs, signs may be relocated provided they meet all criteria and requirements of these regulations. Any sign moved to a new location will require a new permit and permit number, and will be considered and processed as a new sign.

D. Maintenance of non-conforming signs

1. General

(a) Non-conforming signs may be maintained or rebuilt when destroyed by vandalism or by Acts of God providing they are rebuilt to be substantially the same as they were in existence on June 30, 1970. Such signs may continue as long as they are not abandoned, destroyed or discontinued.

2. Discontinued signs

(a) A non-conforming sign which has displayed obsolete or damaged advertising matter, or has not displayed advertising matter for a period of six months subsequent to receipt of written notice from the Department, shall be considered as a discontinued sign and shall be required to be removed by the owner without compensation.

3. Abandoned signs

(a) Non-conforming signs which are in need of substantial repair either to the face or support structure, and are not repaired within a period of six months after receipt of written notice from the Department, shall be considered as an abandoned sign and shall be required to be removed by the owner without compensation.

4. Destroyed signs

(a) Non-conforming signs which have been damaged, except by vandalism or by Acts of God, to the extent that the cost of reconstructing the sign exceeds 50% of the sign if it were constructed new, shall be considered as being destroyed and shall be required to be removed by the owner without compensation.

5. Owner's liability

(a) If any signs as described in subparagraphs 2, 3 and 4 of this paragraph are removed by Division personnel, the sign owners shall be responsible for all costs incurred.

1.16 - DESTRUCTION OF TREES

A. General

1. In no case will the destruction of trees or shrubs within the right of way of any highway for the purpose of increasing or enhancing the visibility of an outdoor advertising sign be allowed.

B. Penalties

1. Persons who undertake such action shall:

(a) Be subject to possible criminal prosecution; and

(b) Have the permit for the involved sign revoked; and

(c) Be responsible for any corrective action relative to the trees and shrubs deemed necessary by the Department.

1.17 - PERMITS AND FEES

A. General

1. Section 1104, Subchapter I, Chapter 11, Title 17 of the Delaware Code includes provisions for:

(a) The Department to issue and renew permits for each sign for a period of at least one year for the erection and maintenance of outdoor advertising signs, displays, and devices; and

(b) The Department to establish and collect fees for the issuance of permits and renewals thereof in an amount deemed necessary to defray the costs of this operation.

B. Duration of permits

1. Each permit shall be valid for the period beginning January 1 and ending December 31 of each calendar year.

2. Permits granted during any month of the year shall expire on December 31 of the same calendar year.

C. Fees

1. Each calendar year the Department shall review its administrative costs and the number of signs and determine the adequacy of present permit fees to defray the involved costs.

2. When a change in fee is necessary, the new fee shall become effective for all new permits immediately upon receipt of Department approval and for renewals on January 1 of the next calendar year following approval.

3. The fee for a portion of the calendar year will be the same as determined necessary for the entire calendar year.

4. The Department shall notify all interested parties of any change in fee.

1.18 - CERTIFICATION OF POLITICAL SUBDIVISIONS

A. General

1. Subsection (a) of Section 1110, Subchapter I, Chapter 11, Title 17 of the Delaware Code provides for the Department to certify a political subdivision as having effective control when such political subdivision has established and is enforcing regulations as to the size, spacing, and lighting of outdoor advertising signs, displays and devices in zoned commercial and industrial areas within its zoning jurisdiction.

2. Until such time as a political subdivision has been certified by the Department, full responsibility for the control of outdoor advertising within the controlled area shall remain with the Department. Upon certification, the authority and responsibility for the control of outdoor advertising shall pass to the political subdivision. A certified political subdivision shall implement control and surveillance procedures and maintain such records as may be necessary to assure compliance with its regulations.

3. The Department shall have the right to inspect any certified subdivision's procedures and records, and if it is found that a subdivision's regulations are not being enforced, shall, after 30 days written notice, resume full authority and responsibility for control of outdoor advertising in the controlled area.

4. Applications for certification shall be initiated by political subdivisions and shall be in writing addressed to the Secretary of the Department. Applications shall be processed in accordance with procedures promulgated by the Department.

5. The authority and responsibility for the control and regulation of directional and other official signs and notices as described in these regulations shall remain with the Department.

1.19 - POLITICAL SUBDIVISION REGULATIONS

A. A political subdivision of the State of Delaware may establish and maintain standards which are more restrictive with respect to certain signs than the standards in these rules and regulations.

1.20 - PENALTIES

A. Whoever violates the provisions of these regulations shall be fined not less than $10.00 nor more than $50.00.

B. Each day that a violation is allowed to continue beyond the legal notice shall be considered a separate offense.

1.21 - SEVERABILITY

A. The various paragraphs of these rules and regulations are declared to be severable and should any word, phrase, sentence or portion be declared invalid, the remaining portions shall not be affected, but shall remain in full force and effect.

5 DE Reg. 410 (08/01/01) (Prop.)