Road Type Guide

County Roads vs. State Highways: Which Program Applies?

State DOT programs only cover state-maintained roads. If the crash was on a county road or city street, the state cannot help — but other options exist.

The Key Question: Who Maintains the Road?

Every roadside memorial sign program is tied to the agency that maintains the road — and in the United States, road maintenance is divided among state, county, and municipal governments. A state DOT can only authorize signs on roads it maintains. If the crash happened on a road maintained by someone else, you need to contact that agency instead.

Determining who maintains the road where the crash occurred is the critical first step — and it is not always obvious from the road's name or number.

How to Identify Road Jurisdiction

State-Maintained Roads

These include: interstate highways (I-numbered), US routes (US-numbered), state routes (SR, SH, or state-numbered), and state highways. These are maintained by the state DOT. Look for signs that say "State Route" or "Highway" in the road's designation. The state DOT's program applies.

County-Maintained Roads

These include roads with designations like "CR" (County Road), "FM" (Farm to Market in Texas), "RD" (Road) without a state route number, and many residential roads outside city limits. These are maintained by the county engineer, county public works, or county road department. The state DOT program does NOT apply.

City or Municipal Streets

Any road within city limits that is not a state route is typically maintained by the city's Department of Public Works or Department of Transportation. The state DOT program does NOT apply.

Private Roads

Roads in subdivisions, on private property, or maintained by HOAs are private. Neither the state nor county has jurisdiction. Contact the property owner or HOA for permission.

Quick Check: Your State DOT's Road Lookup Tool
Most state DOT websites have a road or jurisdiction lookup tool. Search "[your state] DOT road jurisdiction lookup" or "[your state] maintained roads map." You can also call the state DOT's general information line and ask: "Is [road name/number] at [approximate location] a state-maintained road?"

What to Do If the Crash Was on a County Road

  1. Contact the county engineer or county public works department for the county where the crash occurred.
  2. Ask if the county has a memorial policy. Many counties have informal processes or are willing to work with families on a case-by-case basis. Some larger counties have formal programs similar to state DOT programs.
  3. If no county program exists, ask about placing a small marker with the county's permission — many county road departments will allow this if it does not create a maintenance or safety hazard.
  4. Consider alternatives. If no roadside option is available, a memorial bench at a nearby county park, a virtual tribute, or an Adopt-a-Highway dedication may be the right option. See our alternatives guide.

Texas Farm-to-Market Roads: A Common Confusion

In Texas, Farm-to-Market (FM) roads are maintained by TxDOT — they are state roads, despite their rural name. If the crash happened on a Texas FM road, TxDOT's memorial sign program ($350, 2 years) applies. Contact the local TxDOT district office.

California County Roads: A Separate Process

In California, if the crash happened on a county road (not a Caltrans state route), the county has its own process. Contact the county Public Works department. Some California counties have memorial sign programs with different (often lower) fees and less restrictive eligibility than the Caltrans state program. This is especially relevant given that Caltrans requires a DUI conviction — county programs may not have that requirement.

FAQ

The quickest methods: (1) Call your state DOT's general information number and ask. (2) Search your state DOT website for a road jurisdiction map. (3) Call the county engineer's office and ask if they maintain the road. (4) Check the crash/police report — it typically notes the road number and jurisdiction.
It depends on the exact location of the crash — which road surface and right-of-way the crash occurred on. The crash report will typically note which road the crash occurred on. If on the state road or its right-of-way, the state DOT program applies. If on the county road approach, the county program applies. When in doubt, contact both agencies — the state DOT and the county engineer — and explain the situation.
Contact the county engineer or county public works department directly. Ask about their memorial policy. If no formal program exists, ask if they would permit placement with the county's authorization. Many county road employees are sympathetic and will work with families even without a formal written program. Also see our alternatives guide for non-roadside options.
Informational only. Rules change. Always confirm with your state DOT before acting.

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