What Are the Rules for Roadside Memorials in the US?

Detailed Explanation

For the general picture of how roadside memorials work in different countries, including etiquette and why they get removed, see roadside memorials: rules, etiquette, and how long they can stay. This page covers the US detail.

The US has no national law on roadside memorials, and federal agencies don't set rules for them on ordinary roads. The land along a road, usually called the right-of-way, belongs to whoever owns the road:

• State highways and interstates are managed by the state department of transportation (DOT), usually through regional district offices.
• County roads and city streets are managed by the county or city, which may have its own rules or none at all.

That means the rules can change at a county line, or between a state highway and the local street that crosses it. The examples below show how different the approaches are. They were checked in September 2026, and state laws and programs change, so confirm the current position with the relevant DOT or local government.

How State Approaches Differ

States broadly fall into three groups, and some use more than one approach at once.

Tolerated informally

Many states have no specific memorial law and leave small informal memorials in place unless they cause a problem. A memorial is most likely to be removed when it's close to the travel lanes, blocks a driver's view or a sign, is attached to a guardrail or sign post, or is in the way of mowing and repairs. Families often never hear from the DOT at all, which can make a sudden removal harder to take.

Regulated by law

Some states have written rules into law. Virginia is one example. Its Code (section 33.2-216) directs the state's transportation board to make regulations on the size of roadside memorials, their distance from the road, other safety concerns, and how they're installed, maintained, and removed on state highway rights-of-way. Breaking those rules can bring a civil penalty of up to $100, and each occurrence counts separately. In states like this, it's worth getting the rules from the DOT before putting anything up.

Official memorial sign programs

A number of states offer an official sign as a safer, sanctioned alternative to informal memorials. These programs are often limited to deaths caused by impaired driving and pair the victim's name with a road safety message.

In California, the application goes to the local Caltrans district office with a written request from a family member, a copy of the crash report, proof of the conviction or of the driver's death, and the exact spelling of the victim's name. Other states run their own sign programs with different names, eligibility rules, and fees, so ask your state DOT whether one exists.

Practical Steps

• Find out who owns the road. The state DOT district office can confirm whether the site is on a state highway. If not, the county or city public works department is the next call.
• Ask what's allowed before building anything. Size limits, distance from the road, and whether anything can be anchored in the ground differ by state.
• Keep it small and breakable. A light wooden cross set back from the road is far less likely to be removed than a solid structure, and far less dangerous if a vehicle leaves the road.
• Keep off guardrails, signs, and medians. These are the places DOTs are most likely to clear, and the least safe for visitors.
• Ask about a memorial sign program. If the crash involved impaired driving, an official sign may last longer than an informal memorial and carries a safety message some families find meaningful.

Things to Consider

• Rules on the same stretch of road can differ. A state highway and the county road beside it may have completely different approaches.
• A sign program has conditions. California's program, for example, requires a conviction or the driver's death, so it isn't available in every impaired-driving case, and some cases take years to reach a verdict.
• Visiting safely matters. Interstates and freeways are rarely suitable sites because there's nowhere safe to stop. A memorial at a nearby safe spot, or away from the road altogether, is often the realistic choice.
• Support is available. Mothers Against Drunk Driving (MADD) offers support to people bereaved by impaired-driving crashes, and the 988 Suicide & Crisis Lifeline (call or text 988) is available 24 hours a day for anyone in crisis.
• A lasting tribute can sit alongside the roadside one. Because a roadside memorial or sign may only stay for a set time, many families also create a permanent memorial elsewhere, such as a bench or plaque, or an online memorial where friends and family can share photos and stories.

Common Mistakes

• Assuming what's allowed in one state applies in another. A memorial that's tolerated for years in one state can be removed within weeks, or bring a fine, in another.
• Anchoring a memorial in concrete. Solid structures are a hazard to drivers who leave the road, and are among the first things a DOT will remove.
• Waiting too long to ask about a sign program. Some programs have eligibility rules tied to the crash date or court outcome, so it's worth asking early what's needed.
• Leaving irreplaceable items. Photos and personal belongings can be damaged by weather or lost if the memorial is cleared. Keep originals safe and leave copies.