For the purposes of this chapter: (1) "Applicable codes" means laws, rules, regulations, engineering standards, engineering guidance, and established best practices as recognized by the Department of Transportation or the Federal Highway Administration. (2) "Department" means the Delaware Department of Transportation. (3) "Eligible energy resource" or "eligible energy resources" shall have the defined meaning in § 352 of Title 26. (4) "Fair market rental rate" means a recurring rate for the use of the State's roadway rights-of-way based on a fair market appraisal of the use of that land. (5) "Offshore wind interconnection facilities" shall have the meaning defined in § 203F of Title 26. (6) "Renewable energy developer" means a person or company, whether acting on its own behalf or acting as the agent of a renewable energy owner or renewable energy operator on a temporary basis, developing or constructing 1 or more eligible energy resources. A renewable energy developer may also be a renewable energy operator or a renewable energy owner. (7) "Renewable energy entity" means any entity that is either a renewable energy developer, a renewable energy operator, a renewable energy owner, or any combination of these. (8) "Renewable energy interconnection facilities" shall have the meaning defined in § 203F of Title 26. (9) "Renewable energy operator" means a person or company, whether acting on its own behalf or acting as the agent of a renewable energy owner on a semi-permanent basis, operating 1 or more renewable energy resources. (10) "Renewable energy owner" means a person or company who owns the renewable energy interconnection facilities to be located in the State-owned right-of-way. (11) "Right-of-way" or "ROW" means all those lands owned by the State in fee simple or lesser rights or under the management or control of the Department and operated as a public roadway, whether located within or outside incorporated municipalities. A ROW may include lands owned and operated by the State such as bicycle and pedestrian pathways, and recreational trails or railroads that are separate from State-owned roadway rights of way.
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