The Times West Virginian

West Virginia

July 25, 2008

State wants to sell roadside memorials

CHARLESTON — The state Division of Highways wants to start bringing some uniformity and safety to the roadside memorials set up by families of crash victims.

The division is proposing rules that outline how it will make memorial signs that will be available to families if they apply within three years of the crash.

For $200, the state will review a family’s application, make the sign, install it and maintain it for three years.

For $200 more, the state will maintain the sign for another three years - and replace it should the sign be damaged.

After either duration, the sign will be taken down and given to the family. The costs charged to the families are expected to reimburse the state.

John Walker, the state’s chief highway engineer for operations, said the motive is safety.

He said a lot of the roadside memorials are made of rocks or bricks and could pose dangers to employees mowing.

Other memorials are made of heavy wooden crosses and other objects that could be dangerous projectiles if struck by a vehicle.

“Sometimes people go pretty elaborate on those memorials,” Walker said.

The division has for years had the authority to remove memorials if they posed a risk to the motoring public.

Families have to get a permit from the appropriate highway district if they plan to erect a permanent memorial.

Temporary memorials are allowed without a permit, but only after informing the highway district. Temporary memorials can only be 4-feet by 4-feet in size.

Walker said districts haven’t objected to many suggested designs of the memorials because of the sensitivity of the issue. He said the division does respond to complaints about memorials.

But Walker said offering the signs to families as another option could minimize the hazard.

“It wouldn’t be a danger to a motorist if they hit it,” Walker said. “Signs are designed to fall down and break away.”

Under the proposed rules, families can still put up their own memorials. The signs are just another option the state hopes people use.

The signs would be about 2-feet by 2-feet in size, with white lettering on a blue background, Walker said.

Families can ask that the name or names of the crash victims be printed on the sign with any other personalized comments.

The proposed rules for the memorials say crash victims who died as a result of committing a serious traffic offense - such as drunken or reckless driving or fleeing police - are not eligible for either permanent memorials or a sign.

Current rules don’t include any such restrictions.

The division has regulated the roadside memorials since the Legislature authorized them to do so during the 2000 regular session.

Walker did not immediately know how many permits the state has issued for the memorials since the division has regulated them.

The proposed rules are out for public comment until Aug. 11. They can be viewed at: http://www.wvsos.com/ adlaw/proposed/157-06.pdf.

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