CHAPTER 386

FORMERLY

HOUSE BILL NO. 422

AS AMENDED BY HOUSE AMENDMENTS NOS.1 AND 2

AN ACT TO AMEND SUBCHAPTER III OF CHAPTER 1, TITLE 17, DELAWARE CODE, RELATING TO GENERAL POWERS AND DUTIES OF THE DEPARTMENT OF HIGHWAYS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend §132 of Subchapter III, Chapter 1, Title 17, Delaware Code, by adding thereto a new paragraph to be designated as paragraph (h) which new paragraph shall read as follows:

"(h) Whenever the Department of Highways and Transportation widens, constructs or re-constructs any major arterial, interstate connector, minor arterial, collector road or proposed road in an urbanized area of this State, the Department shall incorporate within such plans the provision for all costs incurred in replacing, wherever possible, shade trees which had to be removed in order to execute said project. Replacement shade trees shall be a minimum height of 16 feet, balled and burlapped nursery grown stock, and all planting work shall be done in accordance with §728 of Delaware Department of Highways and Transportation Standard Specifications (January 1, 1974, or latest revised edition). In all cases the place of planting trees shall be such as to be in compliance with Federal Law and Regulations relating to the distance such trees must be planted from the edge of the roadway."

The provisions of paragraph (h) of this Section shall apply only to projects authorized and funded pursuant to the annual Capital Improvements Act enacted after January 1, 1976.

Approved May 6, 1976