Delaware requires permits and checks for accessible parking changes

Property owners must get a permit before adding or changing covered accessible parking spaces, and the completed work must be checked for compliance. These rules cover accessible spaces required under federal disability law and facilities covered by Delaware's Architectural Accessibility Act. Spaces required under federal disability law must meet federal design standards and applicable state or local codes. A county or city may allow one later restriping, repainting, or resurfacing without a permit if the parking plan does not change and the property remains compliant. Covered facilities must get an Architectural Accessibility Board approval letter instead of a permit. The public agency must check the work in person or review enough records and photos to confirm compliance; it must inspect in person if those materials are not enough. Existing spaces that do not meet the design rules violate this section five years after the Act's effective date.

Drivers may not misuse disability parking plates or placards, let someone else use them, or park in an access aisle; police and private property owners may arrange towing in specified cases. These rules apply on public and private property to accessible spaces and people or organizations holding disability parking plates or placards. A vehicle may use an accessible space only if it displays a valid plate or placard and the person for whom it was issued is the driver or a passenger being transported. Private property owners or lessees may arrange towing from their property. State, county, or municipal police may arrange towing from spaces under their jurisdiction. The vehicle owner or operator pays removal and storage costs.

A person or organization that violates the parking rules must pay a mandatory fine; some permit holders may also lose their plate or placard. The penalties apply to people and organizations that violate the accessible parking rules. The mandatory fine is $250 for a first offense and $500 for a later similar offense, or community service. A person or organization holding a valid plate or placard may also receive a suspension of up to six months or permanent revocation for making or using a counterfeit permit, altering a permit, or allowing someone else to use it. Minor differences in space features, including a missing sign, are not a defense if the space is otherwise clearly marked.

State and local governments must adopt rules for accessible parking construction, permits, compliance checks, and enforcement. These requirements cover Delaware state, county, and incorporated city governments. Local rules must require permits before accessible parking spaces are built or changed and require a check after the work. Rules must provide for enforcement and penalties, and require a written warning before enforcement against someone who failed to get a permit or build or maintain accessible spaces. A city may use its county's rules, but its own rules may not be less strict. Counties and cities may assess a civil penalty of up to $500 for a violation of the design and permit requirements, but must allow 90 days to fix it first.