Delaware Administrative Code
Title 2 - Transportation
2000 - Department of Transportation
2300 - Division of Planning and Policy
2309 - Development Coordination Manual
Chapter 7 - RESIDENTIAL ACCESS
Section 7.5 - RESIDENTIAL DISCHARGES

Residential discharges into roadside drainage systems require a permit which must be obtained from DelDOT Public Works Office prior to connection/installation. Residential discharges include, but are not limited to: sump pump discharges, downspout runoff from structures, open drainage ditches and swales located on private property. DelDOT encourages groundwater recharge and preserving system capacity by requiring that residential discharges are purposely disconnected from roadside drainage systems and allowed to flow over grassed areas to promote infiltration.

Prior to requesting a permit approval to outlet residential discharges into a roadside drainage system, the property owner must provide written justification that there is no other feasible alternative. The property owner must, prove that the discharge cannot be routed to another outlet that is not located within State right-of-way, and document why the discharge cannot be contained within the parcel boundaries of the discharge source.

This justification shall be reviewed by DelDOT only after being approved (in writing) by the Conservation District, acknowledging that there is no alternative drainage outlet for the residential discharge other than the roadside drainage system. DelDOT may agree in such cases to allow a connection of residential discharge to the roadside drainage system located within State right-of-way. Discharges that would flow across sidewalks or paved surfaces will not be allowed. The property owner must contact the DelDOT Public Works Engineer in their county to request a permit to connect to the system.