Current through Register Vol. XLI, No. 50, December 13, 2024
Section 157-6-9 - Roadside Memorials9.1. Purpose. This section provides requirements for the placement of roadside memorials within the rights of way of the State's highways by or on behalf of family members or friends for the sole purpose of memorializing persons who have died as a result of vehicle related accidents.9.2. General Requirements. All roadside memorials must be placed at or near the location of a fatal vehicular accident in compliance with the following rules: 9.2.a. 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 private property or residences unless express permission has been obtained from the property owner.9.2.b. Clear of ditches, culvert pipes, bridges and other highway features that require access for maintenance.9.2.c. Behind the guardrail, if one is present, except that temporary memorials may be tied to a guardrail post with lightweight string, wire or tape and must be easily removable for maintenance purposes.9.2.d. Roadside memorials may not be placed in any median, nor may they be affixed to any bridge, tree, fence, sign or lighting pole, utility pole, traffic signal pole, signs, etc.9.2.e. Roadside memorials may not interfere with any traffic control device or be a hazard to the motoring public in any way including, but not limited to, restricting drivers' or other road users' sight distance; having any light-reflecting parts or materials, or any means of illumination; or mimicking or imitating any official traffic control device.9.2.f. Persons placing or visiting roadside memorials or roadside memorial signs are responsible for their own safety and must act in a responsible, safe manner including parking completely clear of the travel lanes, even if it means walking some distance.9.2.g. Removal of roadside memorials. Division of Highways personnel will normally not remove roadside memorials that meet the requirements of this rule. However, the Commissioner has the authority to direct or cause the removal of any roadside memorial, without notice, within a state highway right of way upon determining that removal is necessary for construction, maintenance, safety or other purpose.9.2.h. If more than one person applies for a roadside memorial sign for the same victim or for multiple victims of the same accident, the applications will be consolidated and treated as one.9.3. Temporary Memorials. Temporary memorials must be installed in accordance with the following rules: 9.3.a. Temporary memorials may 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.b. Before placing a temporary memorial, a person must contact the nearest Division of Highways office. The person will be asked questions concerning the intended placement and construction of the temporary memorial so that appropriate guidance may be provided. Also, the Division employee will record the person's name, address and phone number for future contact, if required.9.4. Permanent Memorials. Permanent memorials are items such as plaques, stone monuments and etc., which are typically self-supported, intended to last many years and require a more significant installation and mounting process. These memorials are allowed only if a permit has been obtained from the Division. Application for the permit may be made through the District Office having jurisdiction, on Division of Highways Form MM-109, which may be found on the Department of Transportation's Web site, http://www.wvdot.com, or any district office.9.5. Roadside Memorial Signs. Roadside memorial signs are official signs provided and placed by the Division of Highways. Roadside memorial signs must be installed in accordance with the following rules: 9.5.a. Roadside memorial signs may be installed at or near the site where a fatal motor vehicle accident occurred, at a location considering available space and other constraints. The signs shall be of a design approved by the Commissioner.9.5.b. The provision and placement of a roadside memorial sign is a service by the Division of Highways and does not create any right or privilege.9.5.c. Within three years following the date of a fatal motor vehicle accident, a member or members of the immediate family of the victim may make a written request to the Commissioner of Highways, on an application form specified by the Division of Highways, for the placement of a roadside memorial sign at or near the site of the accident. Blank application forms are available for downloading at the West Virginia Department of Transportation's Web site, http://www.wvdot.com, or at any district office.9.5.d. The applicant shall, upon request, provide the Commissioner with sufficient documentation to verify the relationship between the applicant and the victim.9.5.e. Upon receipt of the application and any additional required documentation, the Division will review the information submitted and any other available official records or reports to establish the location and circumstances of the accident.9.5.f. Permanent memorials or roadside memorial signs will not be permitted or erected to recognize persons whose wrongful conduct was the proximate cause of the accident. If the Division's review discloses clear and convincing evidence that the accident resulted from the commission of a serious traffic offense as defined in the W. Va. Code § 17C-5-1et seq., or from the use of a vehicle in the commission of a felony, or from flight from a police officer, the Commissioner shall deny the application and shall inform the applicant(s) in writing, specifying the reason for the denial. The written decision of the Commissioner is final.9.5.g. Only one sign will be permitted per victim and the sign may memorialize more than one victim.9.5.h. If an application for a roadside memorial sign is granted, the Commissioner shall so inform the applicant in writing. Upon the receipt of a non-refundable payment of two hundred dollars ($200), the Division shall procure and install the sign and shall notify the applicant in writing when the sign has been installed.9.5.i. The initial payment of two hundred dollars ($200) shall compensate the Division for its review of the application, the installation of the roadside memorial sign and its maintenance for a period of three years from the date of installation. The applicant may make a second, optional payment of two hundred dollars ($200) to extend the display and maintenance of the sign for one additional three-year period. The Division will repair or replace the sign at its election, once during each three year period if damaged or destroyed. At the end of the initial or renewal period, whichever come later, the sign will be removed and offered to the applicant(s).9.5.j. If at any time during the application and fabrication process another member of the victim's immediate family objects to the sign, the process shall be halted and the application, the two hundred dollar ($200) fee, and the related documentation shall be returned to the applicant. If the sign has been installed, the Division shall remove it and furnish it to the applicant, and the Division shall retain the two hundred dollar ($200) fee.9.5.k. On or before the 20th day of January of each year the Commissioner shall prepare and submit to the Joint Standing Committee on Government Organization, the Senate Committee on Transportation and Infrastructure and the House Committee on Roads and Transportation, a report that describes the activities of the program during the previous year, including, the number of applications received for roadside memorial signs, the number of applications granted or denied, the number of objections received to roadside memorial signs, the amount of fees received by the Division for the procurement, installation and maintenance of roadside memorial signs, the cost of procurement, installation and maintenance of roadside memorial signs, and any other information the Commissioner considers appropriate.