Skip to main content
Find a Lawyer

Delaware Code Title 17. Highways § 2004. Permits

Current as of January 01, 2026 | Updated by Findlaw Staff

(a) A renewable energy entity must first obtain a certificate of public convenience and necessity from the Public Service Commission under the provisions § 203F of Title 26, and thereafter may apply for a permit from the Department prior to constructing, modifying, or maintaining renewable energy interconnection facilities in the State's ROW.

(b) The Department shall receive applications for, process, and issue such permits subject to the following requirements:

(1) The applicant shall, wherever possible, place renewable energy interconnection facilities underground, but the Department can authorize above-ground facilities where safety and other consideration allow such placement.

(2) Within 30 days of receiving an application, the Department will determine and notify the applicant whether the application is complete.  If an application is incomplete, the Department must identify the missing information.

(3) The Department will process permits within 90 days either approving the permit request, or denying the permit request for cause based on the Department finding that the permit request fails to comply with any of the following:

a. Protection of the public health, safety and welfare along Delaware's roadways.

b. Minimization of conflicts with the use of the State's ROW for the primary purpose of transportation.

c. Objective, reasonable design standards.

d. Applicable codes including applicable provisions of the Delaware Utilities Manual Regulations, unless or until the Secretary of the Department promulgates regulations specific to accommodation of renewable energy interconnection facilities in the State’s ROW.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Delaware Code Title 17. Highways § 2004. Permits - last updated January 01, 2026 | https://codes.findlaw.com/de/title-17-highways/de-code-sect-17-2004/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard