A Primer for Roadside Memorials

In General . . .

Every year, over 300 persons lose their lives on West Virginia streets and highways. Frequently, loved ones and friends have chosen to commemorate these individuals and to honor their memories by placing some type of memorial object or display near the spot where they died.

The Division of Highways has tried to respect these memorial displays and has had an informal policy that the persons placing or renewing them may do so with as little interference as possible. The memorials have been left in place, unless safety or maintenance considerations dictated otherwise.

The West Virginia Legislature has taken notice of this custom, and passed House Bill 4063 on March 9, 2000. This Bill specifically authorizes the placement of memorial markers or other tributes within state highway rights of way to memorialize people who have died as a result of motor vehicle related accidents.

This information has been prepared by the Division of Highways to explain how you may go about placing these memorials, and to help promote the state use of the highway and the right of way while the markers are being placed or maintained.

Identifying your Tribute

The Division of Highways will not ordinarily contact you regarding your highway memorial. However, in case this becomes necessary, we suggest that you place a small, durable tag or label with your name, address and daytime telephone number on the memorial.

If You Need to Contact Us . . .

If it becomes necessary to remove some or your entire memorial, our employees will attempt to preserve the items removed and will attempt to preserve the items removed and will hold them at the local maintenance garage for you to claim them.

Other contacts should be directed to the District Office, which oversees the county in which the memorial is located.

Types of Memorials and Registering Your Memorial

The Division of Highways has separated highway memorials into two classes. A "temporary" memorial is one that consists of flowers (cut and artificial), flags, or other lightweight ornaments and objects that do not exceed a surface dimension of four feet by four feet.  Before placing temporary memorials, you must contact the nearest Division of Highways office for placement identification and for safety considerations.

In some instances, families or friends may wish to place and maintain more substantial or permanent tributes.  Before placing a "permanent" memorial, you must obtain a formal permit from the appropriate Highways District Office. 

Please Help Us!

Highways employees perform a variety of activities on the roadway and within the right-of-way to properly maintain our highway system. Our highways also serve as corridors for utilities and are bordered by private property. Please be aware of our needs and of the rights, requirements and feelings of our neighbors when placing any decorations or other items.

For instance:

Don’t place any items on, in front of or alongside private property or residences without express permission.

Don’t attach anything to trees or to signal or utility poles.

Stay well away from ditches, culvert pipes, bridges and other highway features where the DOH needs access.

If a guardrail is present, please place your tribute behind it or you may attach "temporary" markers to a guardrail post with removable, lightweight, string, wire or tape.

If you have questions or concerns, please contact us before proceeding.

PLEASE KEEP YOURSELF AND OTHERS SAFE!

Our foremost concern is that you, our employees and the traveling public be safe while your memorial is being placed, is present or is being maintained.

You should park safely; completely clear of the travel lanes, even if it means walking some distance. It may be necessary to relocate your memorial to a nearby site to avoid endangering yourself or creating a hazard.

Memorials may not be placed:

In the median of any divided highway

On any bridge

Where they would block sight distance from any intersecting road or driveway

Where they interfere with or obscure any traffic control device

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§157-6-9. Roadside Memorials.

9.1.      Purpose. This section provides requirements for the placement of Roadside Memorial Markers within the rights-of-way of the State's highways by family members or friends for the sole purpose of memorializing persons who have died as a result of vehicle related accidents.

9.2.    Temporary Memorial Markers.  Temporary Memorial Markers may be placed near the location of a fatal vehicular accident within the following rules.

9.2.a.   Before placing a Temporary Memorial Marker, the person(s) must contact the nearest Division of Highways office. The family member or friend will be asked questions concerning the intended placement and construction of the Temporary Memorial Marker so that appropriate guidance may be provided.  Also, the Division employee will record the family member or friend's name, address and phone number for future contact, if required.

9.2.b.  Temporary Memorial Markers must not exceed surface dimensions of four feet in length by four feet in width, and should be self-supporting.  Any structural or support members of the memorial are limited to a diameter no greater than three inches if wooden or one-quarter inch if metal.

9.3.    Permanent Memorial Markers.  Permanent Memorial Markers are only allowed if a permit is obtained from the Division.  Application for this permit may be made through the Division's District office with jurisdiction.

9.4.    Physical placement of Roadside Memorial Markers.  All Roadside Memorial Markers must:

9.4.a.  be within the highway right-of-way, as far from the travel lanes as reasonably possible and not on private property nor in front of or alongside of private property or residences unless express permission is obtained from the property owner;

9.4.b.  be clear of ditches, culvert pipes, bridges and other highway features that require access for maintenance;

9.4.c.  be behind the guardrail, if one is present, except that Temporary Memorial Markers may be tied to a guardrail post with lightweight string, wire or tape and must be easily removable for maintenance purposes;

9.4.d.  not be placed in the highway median, on any bridge, nor attached to trees, fences, signs, signals, utility poles, etc.

9.4.e.  not be a hazard to the motoring public in any way including, but not limited to: restricting driver's sight; having any light reflecting materials or be illuminated by any means; or by interfering with or obscuring any traffic control device.

9.5.    Safety.     Persons placing roadside memorial markers are responsible for doing so by acting in a safe manner including parking completely clear of the travel lanes, even if it means walking some distance. The memorial may need to be placed nearby the accident location, rather than exactly at the accident location, in order to avoid endangering the persons placing or maintaining the memorial and to avoid endangering the motoring public.

9.6.     Removal of Roadside Memorial Markers.     Division of Highways personnel will normally not remove Roadside Memorial Markers that meet the requirements of these rules. However, the Commissioner has the authority to direct or cause the removal of any Roadside Memorial Marker, without notice, within a state highway right-of-way upon determining that removal is necessary for construction, maintenance, safety or other purpose.

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