When it comes to signs, everyone has something to say. Along our state highways one can find signs advertising a house for rent; fresh berries, vegetables, beef jerky or even a car for sale; who’s running for political office; and a host of other advertisements.
However, the Washington State Department of Transportation (WSDOT) would like to remind the public that posting signs advertising or announcing something on the state-owned right of way along state highways and interstates is illegal (RCW 47.42.080(5)). They are considered to be a public nuisance and WSDOT is authorized to remove any such sign without notice.
WSDOT controls illegally posted signs within the state highway right-of-way as effectively and as efficiently as possible, often times with limited resources. To reduce the cost of sign removal, WSDOT maintenance crews remove signs concurrently with other scheduled maintenance work. Once removed, the department will attempt to contact the sign owner and inform them that their sign has been removed if contact information is provided on the sign. Each sign that is removed is marked with the date and the location from where it was taken, and the sign owner has 30 days to retrieve the sign. After the 30-day period, WSDOT recycles or otherwise disposes of the sign materials.
In many cases, WSDOT notices that identical replacement signs seem to go up as quickly as they are removed. WSDOT cautions the public that replacing illegally posted signs is considered littering, and is a misdemeanor offense and the owner of the signs may be subject to penalty (RCW 70.93).
Signs posted on private property that are visible to state highways are regulated by RCW 47.42, also known as the Scenic Vistas Act. These laws are available on the web at http://www.wsdot.wa.gov/biz/trafficoperations/traffic/billboards.htm.
Unfortunately it’s not always easy to know if a given location along a highway is on state-owned right of way, but there are some clues in many locations:
— Electrical or telephone utility poles are usually locatedinside the state’s right of way, so if a sign is posted between a utility pole and the edge of the pavement, the sign is illegal and will be removed by WSDOT. Posting signs on utility poles is prohibited and is a misdemeanor offense (RCW 70.54.090).
— Many state highways and interstates have a fence lineseparating the state’s right of way from private property. It is illegal to post signs on the fence, or between the fence and the edge of the pavement.Signs posted in these areas will be removed by WSDOT.
The best way to find out where the state right of way is located along any highway or interstate is to contact your local WSDOT highway maintenance office. When you call, please be prepared to provide the state route number (US 12, SR 500, I-5, etc.), and the approximate milepost, nearest intersection or other landmark.
For more information on right of way, or to retrieve a sign, please contact a WSDOT supervisor at the nearest office location.