Delaware Administrative Code
Title 2 - Transportation
2000 - Department of Transportation
2600 - Division of Maintenance and Operations
2601 - Outdoor Advertising
Section 2601-20.0 - Certification of Political Subdivisions
Universal Citation: 2 DE Admin Code 2601-20.0
Current through Register Vol. 28, No. 3, September 1, 2024
20.1 General
20.1.1 Subsection (a) of Section 1110,
Subchapter 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.
20.1.2 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.
20.1.3 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.
20.1.4 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.
20.1.5 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.
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