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Sussex County, DE Sign Regulations: Freeway-Facing Signs (2026)

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

Key Facts

Max height, 4+ lane roads
35 feet
Max structure area, 4+ lane roads
1,200 sq ft
Minimum spacing between signs
600 feet
Permit type required
Special use exception, § 115-80C
State sign-off required
DelDOT non-objection letter
Governing section
Zoning Code § 115-159.5B(4)

Summary

Off-premises signs facing Sussex County's busiest roads, those with four or more travel lanes, get the county's largest allowance and its steepest separation rule: up to 1,200 square feet per structure, but only one every 600 feet and only by special use exception.

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.

For all off-premises signs which are located on properties adjacent to roads which have four or more travel lanes (excluding turn lanes), the following regulations shall apply: (a) An off-premises sign shall not be erected within 600 feet of another off-premises sign... (b) No off-premises sign shall exceed 35 feet in height from ground level. (c) An off-premises sign shall not exceed 600 feet of sign area per side and shall not exceed more than 1,200 square feet of sign area per off-premises sign structure.

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

5B(4) sets a distinct, stricter regulatory track for off-premises signs (billboards) sited along roads with four or more travel lanes, excluding turn lanes, which covers the county's highway corridors such as Route 1 and Route 113. Under that subsection, no off-premises sign may exceed 35 feet in height from ground level, sign area per side may not exceed 600 square feet, and the total sign area on a single structure may not exceed 1,200 square feet. Signs must sit at least 600 feet from another off-premises sign measured edge to edge on the same side of the road.

5B(3) allows only 25 feet in height and 600 square feet per structure on lower-capacity roads with fewer than four travel lanes. 5B(5). Off-premises signs are barred outright from the B-2 Business Community District and every residential district. 2.

Violations & Fines

Erecting an off-premises sign facing a four-or-more-lane road without a § 115-80C special use exception, exceeding the 35-foot height or 1,200-square-foot structure cap, or placing it within 600 feet of another off-premises sign violates § 115-159.5B. The Director enforces under § 115-160M with a mandatory minimum $100 fine (up to $1,000) or up to 10 days' imprisonment per day of violation, and may order the sign removed at the owner's expense.

Frequently Asked Questions

Are billboards allowed along Sussex County's major highways?
Only with a special use exception under § 115-159.5B and § 115-80C. Along roads with four or more travel lanes, § 115-159.5B(4) caps structures at 35 feet tall and 1,200 square feet total, spaced at least 600 feet apart.
Does Sussex County treat highway-facing billboards differently from other roads?
Yes. § 115-159.5B(4) gives roads with four or more travel lanes higher height (35 feet) and size (1,200 square feet) limits than the 25-foot, 600-square-foot cap that applies under § 115-159.5B(3) on roads with fewer travel lanes.
Do I need state approval for a highway-facing sign in Sussex County?
Yes. § 115-159.5B(5) requires the applicant to submit documentation from the Delaware Department of Transportation confirming DelDOT does not object, filed with the Office of Planning and Zoning at the time of application.

Sources & Official References

Other rules in Sussex County

All Sussex County rules

Compare Sussex County to another location·View the Delaware sign regulations overview

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