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Sussex County, DE Outdoor Lighting: Billboard Lighting (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Max luminance after dusk
750 cd/m2 (nits)
Max illuminance above ambient
0.3 footcandle
Timing standard
1/2 hr before sunset to sunrise (NOAA)
Applies to
All illuminated signs incl. billboards
Added by
Ordinance No. 2470 (10-11-2016)
Governing section
Zoning Code § 115-161B(5)

Summary

Sussex County caps every illuminated sign, including off-premises billboards, at 750 candelas per square meter after dusk under § 115-161B(5)(a), plus a 0.3-footcandle limit above ambient light measured at a distance keyed to sign size.

These county ordinances apply to unincorporated areas of Sussex County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

All illuminated signs, including electronic message centers, must comply with the following maximum luminance standards: (a) No illuminated sign, including electronic message centers, shall have a maximum luminance level greater than 750 cd/m2 or nits at least 1/2 hour before apparent sunset, as determined by the National Oceanic and Atmospheric Administration (NOAA)... All illuminated signs must comply with this maximum luminance level throughout the night, if the sign is energized, until apparent sunrise... (b) No illuminated sign, including electronic message centers, shall have a maximum illuminance level greater than 0.3 footcandle above ambient light, as measured using a footcandle meter, or similar technology, at a preset distance.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4401089; v17 updated 2025-06-17; through 06-17-2025).

Full Breakdown

Zoning Code § 115-161B governs sign lighting countywide, applying to on-premises signs and off-premises signs (billboards) alike. Subsection B(5), added by Ordinance No. " First, under B(5)(a), no illuminated sign may exceed a maximum luminance of 750 candelas per square meter (cd/m2), or nits, beginning half an hour before apparent sunset as determined by NOAA for the specific location and date, and the sign must hold that ceiling all night until apparent sunrise. 3 footcandle of illuminance above ambient light, measured with a footcandle meter at a preset distance tied to the sign's square footage (for example, 100 feet for a 100-square-foot sign, 173 feet for a 300-square-foot sign, per the code's measurement table).

Beyond luminance, B(1) separately bars any sign whose beams or rays are not shielded from roadways or residential areas if they cause glare or impair a driver's vision, B(2) bars illumination that obscures an official traffic sign or signal, and B(4) requires externally lit signs to use shielded fixtures that focus light only on the sign face. All sign lighting is also independently subject to Delaware's own highway lighting rules under B(3). 5.

Violations & Fines

An illuminated sign, including a billboard, exceeding 750 cd/m2 after dusk or 0.3 footcandle above ambient light at the measured distance violates § 115-161B(5). Unshielded lighting that glares onto a roadway or obscures a traffic signal violates § 115-161B(1)-(2). Violations are enforced under § 115-160M's mandatory minimum $100 fine (up to $1,000) or up to 10 days' imprisonment, with each day a separate offense, and the Director may order the fixture or sign brought into compliance or removed at owner expense.

Frequently Asked Questions

How bright can an illuminated billboard be in Sussex County at night?
No more than 750 candelas per square meter (nits), measured starting half an hour before sunset and holding through the night, under § 115-161B(5)(a). It also cannot exceed 0.3 footcandle above ambient light at a distance set by the sign's size, per § 115-161B(5)(b).
Do billboard lighting rules apply to all signs or just electronic ones?
They apply to all illuminated signs countywide, including off-premises billboards and electronic message centers, under § 115-161B(5). Off-premises signs also carry separate transition and hold-time rules under § 115-161.1.
Can a sign's lights be pointed toward the road?
No. § 115-161B(1) prohibits sign lighting that is not shielded to keep beams off any roadway or residential area if it causes glare or impairs a driver's vision, and B(4) requires externally lit fixtures to focus light only on the sign face.

Sources & Official References

Other rules in Sussex County

All Sussex County rules

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