Drainage of Lands Adjacent to Public Roads

Del. Code tit. 17, ch. 9

in effect

Del. Code tit. 17, § 901 Department of Transportation to drain certain lands along highways.

The Department shall drain or cause to be drained by suitable and sufficient ditches, or other conduits, waters which have backed upon lands along the right-of-way of any road or highway caused by the construction, alteration or changing of the natural contour lines and levels along and over the area confined within such right-of-way, whereby the natural flow and drainage from such lands along and over such right-of-ways is retarded, hindered or stopped.

Del. Code tit. 17, § 902 Construction of ditches along certain highways.

The Department shall, at all times, cause suitable and sufficient ditches or other conduits to be constructed along the right-of-way of any road or highway constructed, altered or changed, whereby, because of such construction, alteration or changing of such lands included in the right-of-way of such road or highway, the natural contour lines and levels of the lands included within such right-of-way of such road or highway would be changed, and waters would tend to collect upon and over the lands adjacent to such road or highway because of such change.

Del. Code tit. 17, § 903 Drainage of flooded highway.

The Department, upon being notified that any lands along the right-of-way of any road or highway are covered with water resulting from the construction, alteration or changing of such road or highway as provided in §§ 901 and 902 of this title shall forthwith drain, or cause to be drained by 1 or more ditches, or other conduits, such water from such lands.

Del. Code tit. 17, § 904 Agreements with ditch companies for drainage purposes.

For the purpose of draining the right-of-way of any highway, the Department may make agreements with any ditch company or corporation with respect to the cleaning of ditches, or widening, deepening or extending ditches. For this purpose the Department may pay a fair and proportionable part of the expense thereof, the expense to be mutually agreed upon before the work is undertaken; and provided that the ditch company or corporation shall levy taxes sufficient to pay its fair and proportionable part of the expense, and provided that the work of cleaning, widening, deepening and extending the ditches shall be under the supervision of the Department.

Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title17/c009/index.htmlFetched: 10/4/2026