Bikeways and Safe Routes to School

Del. Code tit. 17, ch. 10

in effect

Del. Code tit. 17, § 1001 Authority for establishment of bikeways.

The Department of Transportation, Division of Highways, referred to in this chapter as “the Department,” is hereby authorized to establish bikeways within this State for the use, enjoyment and participation of the public in nonmotorized bicycling. The routes established for such bikeways shall be designed with consideration for the safety of both cyclists and motorists and may be separate roadways, or may utilize existing roads, streets and parkways or other appropriate thoroughfares. Such bikeways may also be constructed on land acquired by the Department specifically for that purpose.

Del. Code tit. 17, § 1002 Bikeway routes.

Bikeway routes shall be clearly marked with appropriate signs to guide cyclists and to alert motorists. Such signs shall be placed at intervals and designed in such form as prescribed by the Department.

Del. Code tit. 17, § 1003 Cooperation with other governmental agencies.

The Department may cooperate with federal, county or municipal conservation boards, city or town councils or any private organizations interested in the establishment of bikeways, and may consult with such groups in the planning of appropriate bikeway routes and related activities. The Department shall, where feasible and where it finds the need justified, review all proposals submitted to it by other groups and/or agencies and may provide matching funds from moneys authorized by the capital bond issue for planning, construction and designation of bikeways.

Del. Code tit. 17, § 1004 Power to acquire real property.

In order to establish a system of bikeways within this State, the Department may acquire real property by gift, devise or purchase. Title to such lands shall be in the name of the State.

Del. Code tit. 17, § 1005 Bikeway planning.

The Department shall maintain a planning activity concerned with the near and long-term development of bikeways within the State.

Del. Code tit. 17, § 1006 Bicycle access to highways.

Nothing in this chapter shall be construed as a limitation of the use of bicycles on existing roads, streets, parkways and other thoroughfares by bicyclists even though such roadways are not specifically designated as bikeways, except as specified in § 4196(c) of Title 21.

Del. Code tit. 17, § 1021 Declaration of purpose.

The federal Highway Safety Act [23 U.S.C. § 401 et seq.] has authorized appropriations for a number of programs relating to projects for the improvement of highway safety and the reduction of traffic congestion. Such programs include the rail-highway crossings program; the pavement marking demonstration program; projects for high-hazard locations, including, but not limited to, projects for bicycle and pedestrian safety and traffic calming measures in those locations; a program for the elimination of roadside obstacles; and the federal-aid safe roads demonstration program. The Department of Transportation has been implementing these programs successfully for many years. The purpose of this subchapter is to authorize the Department of Transportation to include a “Safe Routes to School” program in its implementation of these federal programs in this State. The Secretary, the Department of Transportation, the county governments, and governing bodies of the incorporated municipalities in this State are authorized to do all things necessary in their respective jurisdictions to secure and expend such federal funds in accordance with the intent of the federal act and of this subchapter.

Del. Code tit. 17, § 1022 Safe Routes to School Program; establishment; grants; regulations.

(a) The Department of Transportation is authorized to establish and administer a “Safe Routes to School” program pursuant to the authority granted under Title 23 of the United States Code, to use federal transportation funds for bicycle and pedestrian safety and traffic calming measures. (b) The Department of Transportation is authorized to make grants available to schools and school districts that are recognized by the Delaware Department of Education under the Safe Routes to School Program based on the results of a statewide competition that requires submission of proposals for funding and that rates those proposals on the following factors: (1) Demonstrated needs of the applicant; (2) Potential of the proposal for reducing child injuries and fatalities; (3) Potential of the proposal for encouraging increased walking and bicycling among students; (4) Completion of a “Safe Routes to School” plan that requires all of the following: a. Identification of safety hazards; b. Identification of current and potential walking and bicycling routes to school; and c. Involvement in plan development by students, parents, teachers, local transportation agencies, law enforcement agencies and school officials. (c) Grants shall only be awarded to the highest rated project or projects as measured on the rating system and scale established by the Department of Transportation, subject to the amount of funding approved by the Secretary for use under the “Safe Routes to School Program” for any given year. The Department of Transportation shall announce the amount of money available for grants for a given fiscal year within 1 month after the commencement of that fiscal year. Establishment of the necessary rating system and scale and the amount of money available for grants to be issued in each such year shall be in the complete discretion of the Secretary. (d) If awarded, grants shall be issued in 2 disbursements, the first in an amount equal to 1 / 3 of the proposed necessary funding to be paid prior to the commencement of the project and the second in an amount equal to the remaining 2 / 3 of the proposed necessary funding to be paid upon completion of the project. (e) The Secretary shall promulgate rules and regulations necessary for the implementation of this section.

Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title17/c010/sc01/index.htmlFetched: 10/4/2026