State record · DE · 2026-09-01 · Not yet retrieved
Delaware
Not yet retrieved. Occupancy is listed. An ALPR-named highway form is not. Empty is honest. Do not fill it in from another state.
- Highway system Primary
- Public roads, causeways, highways and bridges constructed, acquired, or accepted by the Department of Transportation are under the absolute care, management and control of the Department (17 Del. C. § 131(a)).
- Owner Primary
- Delaware Department of Transportation.
- Right-of-way Not retrieved
- not packed. Delaware’s general statutory definition of highway right-of-way width is not packed. 17 Del. C. § 131(g)’s 30-foot minimum applies only to a listed class of 1951–1975 suburban-community roads — do not treat it as a statewide ROW width. Do not substitute Florida § 334.03(21).
- Public records Primary
- Freedom of Information Act (29 Del. C. ch. 100; examination and copying § 10003). Who may request: Any citizen. All public records shall be open to inspection and copying during regular business hours by the custodian of the records for the appropriate public body; reasonable access and reasonable facilities for copying shall not be denied to any citizen (§ 10003(a)). Requests shall be made in writing to the public body (§ 10003(f)(1)). The public body shall respond within 15 business days (§ 10003(h)(1)). No ALPR-specific FOIA exemption was retrieved. Chapter 100 still has general intelligence-file and surveillance-technique exemptions (§ 10002(o)(5), (o)(17)) — those are not an ALPR data statute.
- Open meetings Primary
- Freedom of Information Act — Open meetings (29 Del. C. § 10004)
- ALPR statute None found
- No enacted Delaware statute governing ALPR collection, retention, or sharing was retrieved. NYU Policing Project scorecard (alprscorecard.com, retrieved 1 Sept 2026) lists Delaware as “No ALPR statute” and among the 26 states with no ALPR-specific legislation — a lead, not packed law. NCSL’s 3 Feb 2022 express-ALPR table also omits Delaware. 21 Del. C. § 2126(e) is a plate-cover / anti-obstruction rule (unlawful to sell, possess, or use a device to hinder photographing a plate); it is not an ALPR-use or retention statute. 153rd GA House Bill 442 (electronic traffic-violation monitoring / speed systems; Title 21) is not ALPR and is not packed as law. Local Flock deployments and 2026 Wilmington municipal removals are news, not packed law. Empty beats wrong.
- ROW permit Primary
- Use and Occupancy Agreement (2 DE Admin. Code 2401 / DelDOT PDM — privately or individually owned facilities); Utility Permit Application / master franchise (public utilities); Master Use & Occupancy Agreement (wireless small-cell) — not packed as an ALPR instrument. Who may apply: Public utility owners: master franchise agreement per county, then Utility Permit Application (UPA) for construction (PDM quoting 2 DE Admin. Code § 2401 (5.2); DelDOT Wireless Permits page). Privately or individually owned facilities that wish to occupy or cross State right-of-way: Use and Occupancy Agreement (PDM quoting 2 DE Admin. Code § 2401 (5.3)). 2401’s extracted definition is occupancy by utility facilities or privately owned facilities that convey or transmit utility commodities devoted exclusively to private use (examples on the regulation: irrigation, water, natural gas, propane). Wireless small-cell path: Wireless Service Providers execute a Master Use & Occupancy Agreement and file UPA. None of those pages name who may apply to place an ALPR.. Generic occupancy and utility instruments are real. No ALPR-named DelDOT permit was found on DelDOT’s own pages. 2401 U&O is a utility-commodity / private-line instrument; UPA is utility construction; wireless Master Use & Occupancy is small-cell. PDM also describes finite-duration private-infrastructure occupancy (example: pedestrian bridge) managed by Roadside Environmental — still not ALPR. Empty beats treating occupancy as the camera permit. Not Florida GUP, not Minnesota OLPA, not Utah Special Use. Status unpublished: primary records plus generic occupancy is not the live gate.
No ALPR-specific FOIA exemption was retrieved. Chapter 100 still has general intelligence-file and surveillance-technique exemptions (§ 10002(o)(5), (o)(17)) — those are not an ALPR data statute.
Delaware open meetings sit in the same FOIA chapter as records. § 10004(a)(1): every meeting of all public bodies shall be open to the public except when closed under listed subsections.
Do not pack § 2126(e), HB 442, or a city Flock decommission as the statewide ALPR statute.
Generic occupancy and utility instruments are real. No ALPR-named DelDOT permit was found on DelDOT’s own pages. 2401 U&O is a utility-commodity / private-line instrument; UPA is utility construction; wireless Master Use & Occupancy is small-cell. PDM also describes finite-duration private-infrastructure occupancy (example: pedestrian bridge) managed by Roadside Environmental — still not ALPR. Empty beats treating occupancy as the camera permit. Not Florida GUP, not Minnesota OLPA, not Utah Special Use. Status unpublished: primary records plus generic occupancy is not the live gate.
https://deldot.gov/Business/WirelessPermits/index.shtml
Install process in this state
No packed ALPR statute and no packed ALPR-named DelDOT form. Steps are negative findings, not an install recipe.
- Name the land owner. This pack is DelDOT under 17 Del. C. § 131. Municipal streets not accepted by DelDOT are another owner. Do not import Florida’s State Highway System.
- This is not Florida’s General Use Permit, not Minnesota’s OLPA, and not Utah’s ALPRS Special Use. Do not invent a DelDOT ALPR form.
- No enacted Delaware ALPR data statute was retrieved. Do not import another state’s retention period. § 2126(e) is plate-cover obstruction, not a retention clock. HB 442 is traffic-violation monitoring, not ALPR.
- DelDOT’s retrieved instruments are generic: UPA and master franchise for public utilities; Use and Occupancy Agreement under 2 DE Admin. Code 2401 / PDM for privately owned facilities (utility commodities in the regulation’s examples); Master Use & Occupancy + UPA for wireless small-cell. DelDOT’s Business permit list (Entrance, OSOW, Public Utilities Master Franchise, Wireless) does not name ALPR. Empty beats calling occupancy the camera path — confirm with DelDOT which desk, if any, files an LEA camera.
- Records: 29 Del. C. ch. 100 (any citizen; written request; 15 business days) to the clerk (votes), purchasing (contract), police (policy/logs, with chapter 100 exceptions), and DelDOT Utilities / Roadside Environmental (UPA or occupancy-agreement file if one exists). Wilmington Flock removals are news, not the FOIA rule.
Not retrieved
Where to ask
Municipal or county clerk
Minutes, resolutions, vote records (FOIA open meetings § 10004)
Purchasing / finance
Vendor contract, amendments, invoices — if a contract exists. City Flock buys are local records, not DelDOT’s install spec. None packed as statewide.
Police records
ALPR use policy, logs, and data if created (FOIA ch. 100 with statutory exceptions). No statewide ALPR-file mandate packed.
DelDOT Utilities Section
Utility Permit Application, master franchise, 2401 Use and Occupancy Agreement — not an ALPR-named file
DelDOT Roadside Environmental Program (Division of Maintenance and Operations)
PDM right-of-way use and occupancy agreements for private infrastructure — example packed is a pedestrian bridge, not ALPR
DelDOT’s Project Development Manual, quoting 2 DE Admin. Code § 2401 (5.3), says privately or individually owned facilities that wish to occupy or cross State right-of-way must obtain a Use and Occupancy Agreement.
Supported as the PDM/2401 utility-manual quote. 2401’s extracted definition is utility commodities / private lines, not cameras.
DelDOT’s Use and Occupancy Agreement or Utility Permit Application is the named instrument for placing ALPR in State right-of-way.
Retrieved instruments are utility, private utility-commodity, wireless small-cell, and generic private-infrastructure occupancy. No DelDOT page named ALPR. Empty beats packing occupancy as the camera permit.
Delaware has no enacted statewide ALPR statute packed in this build.
Supported as a none-found hunt of delcode.delaware.gov plus NYU “No ALPR statute” and NCSL 2022 omission. Scorecards are secondary. Later session law is Unproven until enrolled text is retrieved. Do not treat § 2126(e) or HB 442 as the ALPR statute.
Sources in this pack
17 Del. C. § 131 — General jurisdiction primary
Delaware Code Online · accessed 2026-09-01
https://delcode.delaware.gov/title17/c001/sc03/29 Del. C. ch. 100 — Freedom of Information Act primary
Delaware Code Online · accessed 2026-09-01
https://delcode.delaware.gov/title29/c100/§ 10003 any citizen; written request; 15 business days. § 10004 open meetings. No ALPR-specific exemption packed.
Wireless Small Cell Permits — Utility Permit Application (UPA) and Master Use & Occupancy Agreement primary
Delaware Department of Transportation · accessed 2026-09-01
https://deldot.gov/Business/WirelessPermits/index.shtmlNo ALPR content. Names UPA and Master Use & Occupancy Agreement for Wireless Service Providers. Form: wireless_master_use&occupancy_agreement_version_1.0.pdf.
Project Development Manual ch. 5 — Stakeholder Management (utility franchise; Use and Occupancy Agreement) primary
Delaware Department of Transportation · accessed 2026-09-01
https://projectdevelopmentmanualtest.deldot.gov/index.php/Chapter_5_-_Stakeholder_ManagementQuotes 2 DE Admin. Code § 2401 (5.2)–(5.3). Also describes finite-duration private-infrastructure occupancy (pedestrian-bridge example) via Roadside Environmental. Host path includes “test”; content is DelDOT’s PDM. No ALPR.
2 DE Admin. Code 2401 — Utilities Manual Regulations primary
Delaware Administrative Code (regulations.delaware.gov) · accessed 2026-09-01
https://regulations.delaware.gov/AdminCode/title2/2401Extracted this hunt: Use and occupancy agreement defined as occupancy by utility facilities or privately owned facilities that convey or transmit utility commodities devoted exclusively to private use. 4.1.2 private crossings (irrigation/water/gas/propane); longitudinal private lines not permitted. No ALPR. PDM cites 5.2/5.3.
License Plate Reader Policy Scorecard — Delaware “No ALPR statute” secondary
Policing Project, NYU School of Law · accessed 2026-09-01
https://alprscorecard.com/Lead only. Delaware row: No ALPR statute. States displaying that label do not have an ALPR-specific statute on the books. Not packed as a finding that none can be enacted later.
Automated License Plate Readers: State Statutes (updated 3 Feb 2022) secondary
National Conference of State Legislatures · accessed 2026-09-01
https://www.ncsl.org/technology-and-communication/automated-license-plate-readers-state-statutesDelaware is not on the 2022 express-ALPR list of 16 states.
What was checked
2026-09-01
https://delcode.delaware.gov/title17/c001/sc03/ and https://delcode.delaware.gov/title29/c100/
Primary: 17 Del. C. § 131 (a) DelDOT control; (g) 30-foot suburban class only. FOIA ch. 100 including inspection § 10003 (any citizen; written; 15 business days) and open meetings § 10004. § 143 is utility relocation/franchise expense, not ALPR. § 146 is highway access, not ALPR.
2026-09-01
delcode.delaware.gov search: license plate reader / automatic license plate / automated license plate / ALPR; https://delcode.delaware.gov/title21/c021/sc02/
No enacted ALPR collection, retention, or sharing statute. 21 Del. C. § 2126(e) is plate-cover / anti-obstruction. Not packed as ALPR law.
2026-09-01
https://deldot.gov/Business/index.shtml ; WirelessPermits/index.shtml ; UPA https://services.deldot.gov/UPAExternal/default.aspx ; DRC utilities https://deldot.gov/Business/drc/index.shtml?dc=utilities
DelDOT’s own Business list names Entrance Permitting, Oversize/Overweight, Public Utilities Master Franchise, and Wireless. Wireless page: UPA and Master Use & Occupancy Agreement for Wireless Service Providers / small-cell. DRC utilities manuals; no ALPR/LPR/license-plate-reader permit type. Live Traffic Camera is DelDOT’s ITS feed, not an occupancy type.
2026-09-01
https://projectdevelopmentmanualtest.deldot.gov/index.php/Chapter_5_-_Stakeholder_Management
Primary DelDOT PDM: 2401 (5.2) master franchise for public utilities; 2401 (5.3) Use and Occupancy for privately or individually owned facilities occupying or crossing State ROW. Separate PDM occupancy for private infrastructure (pedestrian-bridge example) via Roadside Environmental. No ALPR.
2026-09-01
https://regulations.delaware.gov/AdminCode/title2/2401
This hunt extracted 2401 definition: Use and occupancy agreement = DelDOT approval of ROW occupancy by utility facilities or privately owned facilities that convey or transmit utility commodities devoted exclusively to private use. 4.1.2: private crossings (irrigation, water, gas, propane); longitudinal lines not permitted; Utility Construction Permit still required. No ALPR. PDM still cites 5.2/5.3 — possible recodification; do not flatten 2401 into an ALPR form.
2026-09-01
NYU Policing Project scorecard https://alprscorecard.com/ ; NCSL 2022 ALPR table; legis.delaware.gov ALPR/Flock/license-plate-reader
NYU: Delaware row “No ALPR statute”; among 26 states with no ALPR-specific legislation (secondary lead). NCSL 2022 omits Delaware. HB 442 is electronic traffic-violation / speed monitoring, not ALPR. No enrolled ALPR bill packed. Status unpublished.