West Virginia Statewide Rule
West Virginia Political Sign Placement on Highway Right-of-Way
Key Facts
- Statute
- W. Va. Code 17-19-1
- Right-of-way distance
- About 20 feet from centerline
- Fine range
- $25 to $100 per day
- Removal authority
- WVDOH Commissioner
Summary
West Virginia Code 17-19-1 prohibits any sign, including campaign signs, on or over state highway right-of-way. WVDOH right-of-way generally extends 20 feet from a road centerline. Violations are misdemeanors with daily fines.
§17-19-1. Prohibited signs, etc.; removal at owner's expense. No person shall paint, mark, post, tack, nail, or otherwise affix any sign, advertisement, notice, picture, drawing, emblem, poster, printing, or writing, other than those placed and maintained in pursuance of law, on or to any stone, rock, tree, fence, stump, post, pole, building, or other structure, which is in or upon the right-of-way of any public road or highway, including the road or highway itself, except that the commissioner may provide for suitable road signs, danger signals and other signs of informational nature. No such sign or other marking shall be suspended over the right-of-way of any public road or highway. These prohibitions include, but are not limited to, such devices which are intended to invite or draw attention of the public to the candidacy of any person for any public office; and any such device which exists in violation of the provisions of this section shall constitute prima facie evidence that the person whose candidacy appears thereon violated this section: Provided, however, That the installation and/or maintenance of newspaper, postal or mailboxes shall not be prohibited or affected by this section. Any person violating this section, whether as principal, agent, or employee, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than $25 nor more than $100;
Full Breakdown
Under W. Va. Code 17-19-1, no person may affix any sign, poster, advertisement, or banner to any tree, fence, post, pole, or structure on or above a state highway right-of-way, nor suspend signs over the roadway. The WV Division of Highways treats the right-of-way as extending approximately 20 feet from the centerline of most public roads. Political and campaign signs are subject to this prohibition statewide and may be removed by the Commissioner without notice. Signs cannot block sight distance, cover traffic control devices, or obscure intersections. The statute applies uniformly; municipalities cannot authorize placement within state right-of-way.
Violations & Penalties
Misdemeanor punishable by $25 to $100 fine. Each day a sign remains is a separate offense. WVDOH may remove signs without notice.
Frequently Asked Questions
Can I place a campaign sign on the grass strip near a road?
Can a city allow signs in the WVDOH right-of-way?
Will WVDOH notify me before removing a sign?
Sources
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