Signs, objects should not be placed in highway right-of-way

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The Minnesota Department of Transportation (Mn/DOT) reminds citizens that state law prohibits the placement of unauthorized signs and other objects on state highway right-of-way. Highway right-of-way is defined as the driving lanes, inside and outside shoulders, inslope-ditch, bottom-backslope, clear zone and sight corners at intersections. Encroachment of highway right-of-way is considered a misdemeanor violation punishable by a maximum $700 fine and/or 90 days in jail. State law also says that signs and other items may not be placed on private property outside of the right-of-way limits but in proximity to a roadway without the expressed consent of the land-owner. Mn/DOT does have the responsibility of maintaining public safety on the state’s highways. It monitors the presence of unauthorized signs and objects on Interstate, Minnesota and U.S. highways right-of-way. Mn/DOT personnel will remove all signs within the right-of-way without notice. This procedure is done in an impartial manner so that all sign removals are treated equally, whether they are political, business, non-profit organization or private citizen. The sign will be held for five working days, usually at the nearest maintenance truck station, and then discarded. Owners may retrieve their signs during this time. There are 20 locations throughout 13 counties in central Minnesota that Mn/DOT District 3 serves. In the case with large objects that cannot be easily removed, Mn/DOT roadway regulations specialists may issue a written “Notice of Violation” to the party responsible for encroachment on highway right-of-way. The notice requires them to remove the item within a specific time frame or receive a citation. Signs of all shapes and sizes run the gamut from just plain “for sale”, to real estate open houses, garage sales and various public and private events and activities. Larger and more dangerous objects, in terms of highway safety, include automobiles and other motorized vehicles, boats and motors, campers and travel trailers, produce and fireworks stands, large round hay bales and much more. In addition to the safety factors, all of these objects catch debris, inhibit proper drainage, restrict mowing, spraying and other road maintenance activities and create what is called visual pollution. The larger objects are extremely hazardous should a vehicle run off the road and strike it, causing injury or death to the occupants as well as property damage. Civil liability is usually extended to the person or party who unlawfully placed the unauthorized sign or other item on the highway right-of-way, thus creating a safety hazard. In other words, the responsible party can be sued for damages. For information regarding roadway regulations, right-of-way boundaries or where to find removed materials, please contact the Mn/DOT office in St. Cloud at (320) 654-5315, or toll-free at (800) 657-3961.