2 Del. Admin. Code § 2601-4.0
The following words and terms, when used in this regulation, have the following meaning unless the context clearly indicates otherwise:
"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 ft. of the edge of the right-of-way of a highway of the NHS, and after July 1, 1975 beyond 660 feet.
"Abandoned Sign" means any sign in which the owner has not demonstrated an interest by maintaining it in good condition.
"Administrator" means the Secretary of Transportation of the United States.
"Agri-produce signs" shall mean those signs located on the property of a farmer indicating the sale of seasonal agricultural products.
"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 non-divided 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.
"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:
Outdoor Advertising structures.
Forestry, ranching, grazing, and farming including, but not limited to, wayside fresh produce stands.
Transient or temporary activities.
Activities more than 660 feet from the nearest edge of the right-of-way along the NHS.
Activities conducted in buildings principally used as a residence.
Railroad tracks and minor sidings.
Activities not visible from the main-traveled way.
"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 or in 50% disrepair or maintenance which would increase the size or monetary value of the sign.
"Decorative residential subdivision sign" means a non-official sign erected at a main entrance to a residential subdivision for the purpose of identifying the subdivision, and consisting of a message area containing only the name of the subdivision, and a supporting structure, constructed in accordance with current laws and regulations.
"Department" means the Delaware Department of Transportation.
"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.
"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.
"Division" means the Division of Maintenance and Operations under the Department of Transportation.
"Double-faced or back-to-back" 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 signs located more than 15 feet apart at their nearest points.
"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, display or device.
"Free standing sign" means an outdoor advertising sign, sign structure, display or device including its ground-anchored supporting elements, that is entirely self-supporting upon the ground, and not attached to, anchored to, mounted upon, secured by, supported by, stabilized by, or in any other way dependent upon, any other structure or device.
"Freeway" means a controlled-access or limited-access street, road, or highway, whether or not part of the Interstate system.
"Gateway sign" means any sign, display, or device intended for its purpose to provide information to the traveling public advising motorists they are entering the boundaries of a political subdivision or established non-incorporated area of the State.
"Historical Marker" means plaques and signs placed throughout the state to commemorate and visually educate the public about the people, places, and events that are significant to Delaware's state, local, and national history.
"Illegal Sign" means any sign, display or device which was erected and/or maintained in violation of the Delaware Law.
"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.
"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 to be in the public interest.
"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.
"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.
"Legible" means capable of being correctly read as text or accurately identified or understood as a symbol or illustration without visual aids or enhancements, by a person of normal visual acuity.
"Maintain" means to allow to exist in accordance with state law.
"Main-traveled way" or "traveled ways" means those parts of a street, road, or highway intended for and used by traffic, and are exclusive of acceleration, deceleration, auxillary, or turn lanes, ramps, shoulders. It does not include such facilities as frontage roads, turning roadways, or parking areas.
"National Highway System" or "NHS" means those streets, roads, and highways that comprise the current National Highway System within this State, and those streets, roads, and highways that were parts of the Interstate System or the Federal-aid Primary System as they existed on June 1, 1991, as declared by the Congress of the United States in Title 23, United States Code.
"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.
"Official signs and notices" means 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 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.
"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.
"Outdoor Advertising" or "Outdoor Advertising Signs" shall mean and shall include any outdoor sign, light, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing which is not an on-premise sign as defined in this regulation and 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 NHS.
"Panel" or "sign panel" means a subdivision of a face, and may be so distinguished by borders or boundaries of paint, tape, strips of wood, metal or plastic, contrasting colors, or the like, that visually separate it from an adjoining panel; or it may consist of a separate piece of material physically separated (as by a gap or space) from an adjoining panel.
"Parkland" means any publicly owned land which is designated or used as a public park, recreation area, wildlife or waterfowl refuge or historic site.
"Political subdivision" means any municipal or county government duly established under the provisions of the Delaware Code.
"Public service signs" means signs located on school bus stop shelters.
"Public utility and railroad signs" means warning or 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.
"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.
"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.
"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.
"Section" means the Roadside Control Section under the Division of Maintenance and Operations.
"Sign facing" or "face" means a single sign message separated from other sign facings by border or trim.
means one sign facing.
"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.
"Variable message sign" or "VMS" means a sign or portion thereof where the message copy includes characters, letters or illustrations that can be changed or rearranged electronically or mechanically without touching or physically altering the primary surface of the sign. Message copy may be changed in the field or from a remote location.
"V-type" means a sign structure consisting of two faces joined at one vertical edge; or two structures under the same ownership with a vertical edge of each separated by not more than 15 feet along their entire lengths; and forming an angle of not greater than 120 degrees between them.
"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.
2 Del. Admin. Code § 2601-4.0