2 Del. Admin. Code § 7.1

Current through Register Vol. 27, No. 12, June 1, 2024

Section 7.1 - PURPOSE

This chapter describes standards and regulations associated with residential lots abutting State-maintained roadways. Access from residential lots has an impact on the mobility, safety, and efficiency of the abutting roadway. Control of these access points is necessary to maintain safety and increase efficiency of State-maintained roadways while allowing access to individual properties.

Residential access permits are issued by the Public Works Engineer in the respective county. Land owners are responsible to ensure that entrances used to access State-maintained roadways are kept in conformance with the specifics of the Residential Entrance Permit issued by DelDOT. In the event that the Land Owner does not have proof of a valid Residential Entrance Permit, the Owner is responsible to obtain one. The land owner must contact DelDOT for review of the situation and to obtain a new entrance permit or obtain confirmation of valid entrance permitting in the following circumstances:

A. Whenever a new or expanded entrance is being requested

B. Change of site layout or building configuration is proposed

C. Change of location or width of entrance or access point is proposed

D. Change of special circumstances that justified the additional access points has occurred. (See Section 7.2.3.1)

E. If a local land use agency is issuing a certificate of occupancy (C/O) for the residence

F. If a local land use agency has requested a DelDOT response or comments, but no valid permit is on file for the entrances serving that property

If DelDOT's review of the entrance(s) identifies safety concerns, the use of an existing entrance may require modifications and or removal of non-permitted and/or multiple access points, at the owner's expense, prior to obtaining an entrance permit for the property.

7.1.1Removal of Non-Permitted Access Points and/or Multiple Entrances

In order to promote an orderly and manageable implementation of these regulations, to address the issues of non-permitted entrances that may already exist or may knowingly be created and to shelter landowners from random requests for arbitrary enforcement action, the following thresholds will be used to provide a clear set of guidelines for interactions regarding non-permitted access points and/or multiple entrances:

A. Properties served by non-permitted access points or multiple entrances constructed or modified on or after June 17, 2013, (as verified by State of Delaware Aerial imagery or equivalent digital records), are subject to entrance removal at the owner's expense, and/or closure until authorized remedy is implemented.

B. Properties served by non-permitted access points or multiple entrances constructed or modified prior to June 17, 2013, (as verified by State of Delaware Aerial imagery or equivalent digital records), are subject to entrance removal at the owner's expense, and/or closure on the basis of: land use changes, site redevelopment activities, or upon referral to the Department by local land use agencies for confirmation of valid permitting.

Figure 7.1.1-a shows the mailing address for each county.

Figure 7.1.1-a DelDOT Public Works Engineers

New Castle County (DelDOT Canal District)

Public Works Engineer

250 Bear-Christiana Road

Bear, DE 19701

(302) 326-4679

Kent County (DelDOT Central District)

Public Works Engineer

930 Public Safety Blvd.

Dover, DE 19901

(302) 760-2433

Sussex County (DelDOT South District)

Public Works Engineer

23697 DuPont Blvd.

Georgetown, DE 19947

(302) 853-1340

2 Del. Admin. Code § 7.1

13 DE Reg. 1101 (02/01/10)
15 DE Reg. 551 (10/01/11)
16 DE Reg. 1199 (5/1/2013)
18 DE Reg. 240 (9/1/2014)
18 DE Reg. 709 (3/1/2015)
19 DE Reg. 938 (4/1/2016) (Final)