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Delaware Department of Transportation

Wireless Small Cell Permits

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DelDOT's Utility Section has implemented a process intended to meet the timeframes and technical requirements established by House Bill 189 of the 149th General Assembly of the State of Delaware: "An act to amend Title 17 of the Delaware Code by inserting a new Chapter 16, known as the "Advanced Wireless Infrastructure Investment Act." This Section of Delaware Code created a mechanism to allow Wireless Service Providers to place qualifying Wireless Small Cell Facilities and support structures within the State rights of way.

Chapter 16 also provides DelDOT with the ability to review and authorize the attachment of wireless small cell facilities to qualifying Department poles in the State rights of way, to densify wireless networks and provide next generation services, subject to the same policies and procedures as public utilities for accommodation in the State rights of way.

DelDOT has established processes, checklists, forms, and workflows, to ensure that the timeframes and technical requirements of the statutory language can be satisfied. This will require Applicants to engage in early and active coordination prior to Wireless Small Cell Facility permit application submittals to ensure that Department policies are satisfied consistently throughout the course of these expedited reviews.

DelDOT's primary objectives will be to safeguard the safety of the existing roadway corridor, ensure that right of way remains available for the broad mix of acceptable uses, and to provide technical reviews, permits, and construction inspections associated with the Wireless Small Cell Facility permit applications that are submitted to DelDOT.


The DelDOT Utility Engineer will identify the process needs that must be satisfied in the creation and administration of Utility Construction Permits for Wireless Small Cell Facilities in the State Rights-of-way. These procedural steps will be subject to the highway engineering manuals, regulations, design standards and guidance adopted by the Department in addition to meeting the timeframes and technical requirements established by the statutory language.

The DelDOT Utility Engineer will outline the workflow steps that must be completed using the Department's Utilities Permitting Application (UPA) which allows external users to file Utility Construction Permit Applications electronically online. The Utility Construction Permit Applications for Wireless Small Cell Facilities will be routed electronically as part of meeting the timelines established for:

  • Gatekeeping/Completeness determination (14 days for Acceptance/Rejection)
  • Initial application technical review (60 days - inclusive of the 14 days if submission is deemed complete unless an extension is mutually agreed upon)
  • Revised application review (15 days - if resubmitted within 30 days of Denial)

Requests for construction inspection and project acceptance will be completed in the UPA as well, and will trigger additional notifications to Applicants and registered Co-Applicants.

DelDOT has implemented Checklists for Gatekeeping and Technical Reviews to provide a transparent and consistent basis for permit applications to be assessed for completeness and general conformity with established criteria.

NOTE: Forms and resources can be found under the Information navigation on the the left side of this page.

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