What Is an "Informal" Roadside Memorial?
An informal roadside memorial is any tribute placed on or near the road by family or friends without official government authorization. These typically include wooden or metal crosses, flower arrangements, photographs, candles, stuffed animals, wreaths, flags, or personal items belonging to the victim. They have existed along American roads for generations and hold deep cultural significance — particularly in Hispanic communities, where they are known as descansos (resting places).
The legal status of informal memorials varies significantly by state, road type, and even individual DOT district. There is no single federal rule. What is tolerated in rural Montana may result in a removal notice in suburban New Jersey.
The Core Legal Issue: Right-of-Way
The critical legal boundary is the state or county right-of-way — the strip of land on either side of the road that is owned or controlled by the government for road purposes. Most DOT agencies have the authority to remove anything placed in the right-of-way without providing any formal notice or legal process. This is not a violation of your rights — you are placing items on government land.
However, the legal ability to remove does not mean all DOTs do so aggressively. Many states have formal written policies; others leave it to district manager discretion; still others have no written policy at all. The result is inconsistent enforcement even within a single state.
Technically prohibited, inconsistently enforced: Most states — informal memorials may remain for months or years on low-traffic roads, then be removed during a maintenance cycle.
Tolerated or culturally recognized: NM (Descanso tradition), MT, WY, AK, rural SD — informal memorials broadly left in place unless they create a safety hazard.
State-by-State Summary: Informal Memorial Rules
| State | Official Policy on Informal Memorials | Storage After Removal? |
|---|---|---|
| Alabama | Discouraged; free official program available | Ask local ALDOT district |
| Alaska | Tolerated on rural roads; removed if hazardous | No formal process |
| Arizona | Permitted if meets ADOT safety standards; removed after 60 days if not | Yes — district yard |
| California | Prohibited — removed without notice, not stored | No |
| Colorado | Not authorized; removed | Ask local CDOT district |
| Florida | Banned since 1996 — only official FDOT markers allowed | No |
| Georgia | Removed within 30 days; families notified when possible | Yes — local yard, brief hold |
| Illinois | Not permitted on state right-of-way; removed | Ask IDOT district |
| Montana | Broadly tolerated; removed only if safety hazard | Generally left in place |
| New Mexico | Descanso tradition culturally recognized; official program preferred | Generally tolerated |
| New York | Removed on state right-of-way; enforcement varies by region | Ask regional NYSDOT |
| Ohio | Removed; 30-day storage at local maintenance facility | Yes — 30 days |
| Pennsylvania | Removed; 30-day notice when possible | Yes — local PennDOT district |
| South Dakota | Tolerated on rural roads; removed if hazardous or upon complaint | Generally left in place |
| Texas | Not permitted on TxDOT right-of-way; removed; not stored | No — not stored |
| Virginia | Not permitted; removed without notice | No |
| Washington | Not permitted; removed; 30-day storage | Yes — 30 days |
| West Virginia | Removed; official program available | Ask local WVDOH district |
| Wyoming | Private memorials removed; held 2 weeks for retrieval | Yes — 2 weeks |
| All other states | Generally removed on state right-of-way; enforcement inconsistent | Varies — contact local district |
Why Informal Memorials Get Removed
DOT agencies cite three primary reasons for removing informal memorials:
- Safety of maintenance workers. Crosses, poles, and rigid structures can injure road crews using mowing equipment or working roadside.
- Distraction hazard. Large or elaborate memorials can distract drivers, potentially causing additional crashes at the same location.
- Right-of-way integrity. DOTs are responsible for maintaining clear right-of-way for sight lines, drainage, and emergency access.
Many families understandably find these reasons inadequate given the emotional significance of the memorial. The tension between official policy and human grief is real, and most DOT workers handle removal with sensitivity — but the outcome is the same.
What to Do Before Placing an Informal Memorial
- Determine whose right-of-way it is. State highway, county road, city street? Each has different rules and different agencies to contact.
- Call the relevant maintenance district. Ask if informal memorials are permitted at that location, or if there is a "grace period" before removal. Many districts will tell you honestly.
- Use lightweight, biodegradable materials where possible — fresh flowers, soft items. Avoid rigid wooden crosses or metal stakes that can injure maintenance workers and accelerate removal.
- Photograph and document your memorial immediately after placing it. If it is removed, documentation helps with retrieval.
- Apply for the official program simultaneously. You do not have to choose one or the other — you can place an informal memorial while your official application is pending.
If Your Informal Memorial Is Removed
Read our full guide: My Roadside Memorial Was Removed — Now What? — covers retrieval windows (Ohio: 30 days, Washington: 30 days, Wyoming: 2 weeks), how to escalate, and how to apply for an official sign as a permanent replacement.