Published: August 30, 2008 11:58 pm      

State Highway Administration confirms that roadside memorials to traffic accident victims are illegal

Workers remove crosses and other items when encountered as obstacles in the right of way

CUMBERLAND — Roadside memorials placed by citizens at locations where loved ones have lost their lives in accidents are not legal, according to the Maryland State Highway Administration.

The agency’s Web site devotes two pages to the topic “Memorial Traffic Crash Victims” and is dated May 2008. It can be accessed at www.sha.state.md.us/faq/do/RoadsideMemorialLaw.pdf.

The information includes the statement: “Federal and state laws prohibit placement of anything on state property along state roads — roadsides, medians or in utility poles — except highway-related signs and devices (mile markers, guard rail, etc.).”

Charlie Gischlar, SHA spokesman, said Friday the law has been in existence for a long time and that the agency is “not doing a sweep” to remove roadside memorials.

The memorials are removed when SHA maintenance or mowing operations personnel encounter them as obstacles in the right of way.

“Our hearts go out to those that have lost loved ones in traffic accidents.

“We would encourage people not to do that (place roadside memorials), for their own safety and the safety of our workers,” said Gischlar.

The SHA acknowledged that there has been an increase in roadside memorials placed by individuals near the scene of fatal traffic crashes. The memorials include flowers, wreaths, crosses, balloons, teddy bears, photographs, candles or personal effects.

Citing its obligation to motorists to keep roads safe, the SHA notes in the Web site that roadside memorials are distractions to motorists.

Once the memorials are removed, they can be reclaimed at the nearest SHA shop within a few weeks of the time of their removal.

The SHA also notes on its Web site that roadside memorials obstruct spring and summer mowing operations. In some instances, a memorial may not be noticed and could become entangled in the blades of the mower and become a projectile into the roadway or potentially injuring drivers, passengers or workers.

Gischlar said the SHA is trying to “put some things together” for possible living memorials, including planting groves of trees at various locations in the state to honor lost loved ones. Specific information about the idea is included on the Web site.

In addition, the SHA invites people to honor and remember lost loved ones by sharing their story as part of the agency’s Choose Safety for Life campaign at www.choosesafetyforlife.com.

Grantsville resident Brenda Brown, who lost her son Jody Emerick in an auto accident Oct. 15, 2003, at Exit 22 of Interstate 68, recently learned of the SHA policy on roadside memorials.

Brown had placed a memorial at the accident site. It had been there for five years until early this month.

“Not knowing what happened, I got on the phone to the State Highway Department,” wrote Brown in a recent letter to the Times-News.

“The employees I spoke with seemed sincerely upset that they had to remove these things and I realize that they were just following orders, but it was still very upsetting to see the crosses that families had placed along the roads for their loved ones just lying against the fence waiting to be claimed.”

Brown also wonders if the memorials are distracting to motorists.

“We are not a city with four-lane highways. No accidents were ever caused by someone looking at the memorials that I am aware of. It is very disturbing that there is a law like this when there are so many other distractions or issues being overlooked or neglected. What about billboards, road signs, cell phones and texting, or the big rigs that sit along the road?

“Who comes up with this stuff?” asked Brown. “Don’t our politicians need to concentrate on bigger issues than memorials or crosses that don’t bother anyone?”

Several letters published in the Times-News in recent weeks lamented the removal of roadside memorials at locations where the letter writers had left memorials to honor their loved ones who died in traffic crashes.