Delaware Statewide Rule
Delaware Political Sign Rules and Right-of-Way Limits
Key Facts
- ROW signs
- Prohibited statewide
- Authority
- DelDOT and 17 Del.C.
- Polling place buffer
- Per 15 Del.C.
- Private property
- Generally protected speech
- Removal
- Without prior notice
Summary
Delaware protects political speech through the First Amendment but prohibits all signs, including political ones, within state highway rights-of-way under DelDOT regulations. Title 17 governs outdoor advertising and applies uniformly statewide regardless of municipal preference.
Unless the declaration otherwise provides, no rule may prohibit the display on a unit or on a limited common element adjoining a unit of a flag of this State, or signs regarding candidates for public office or ballot questions, but the association may adopt rules governing the time, place, size, number or manner of those displays.
Full Breakdown
Under 17 Del.C. Chapter 11, the Delaware Department of Transportation regulates all signs within state highway rights-of-way. Political signs cannot be placed on state-maintained road shoulders, medians, traffic islands, or attached to utility poles, traffic signs, or guardrails anywhere in Delaware. DelDOT removes noncompliant signs without notice. On private property, content-neutral municipal time, place, and manner restrictions apply, but cities cannot ban political signs outright or treat them more restrictively than other temporary signs under Reed v. Town of Gilbert. State election law (15 Del.C.) bars campaign signs within prescribed distances of polling places on Election Day.
Violations & Penalties
Signs in DelDOT rights-of-way are removed and discarded without compensation. Repeat violators may face civil penalties up to $100 per sign under DelDOT regulations.
Frequently Asked Questions
Can I place a campaign sign on a Delaware highway median?
Can a Delaware town ban political signs from front yards?
How close to a polling place can I put a sign in Delaware?
Sources
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