CHAPTER 17. ROADS AND HIGHWAYS.
WVC 17 - 20 -
ARTICLE 20. ROADSIDE MEMORIAL MARKERS.
WVC 17 - 20 - 1
§17-20-1. Roadside memorial markers authorized.
Notwithstanding any provision of section one, article nineteen
of this chapter to the contrary, the commissioner of highways is
authorized to propose legislative rules for promulgation in
accordance with the provisions of chapter twenty-nine-a of this
code providing for the placement of memorial markers or other
tributes within state highway rights-of-way to memorialize people
who have died as a result of vehicle related accidents.
WVC 17 - 20 - 2
§17-20-2. Roadside memorial marker criteria.
(a) Legislative rules proposed pursuant to section one of this
article shall provide for the placement of markers in a manner that
increases public awareness of highway safety
and promotes the safe
use of the highways and their rights-of-way. The rules shall
prescribe circumstances under which:
(1) Memorial markers may be placed near to where a fatal
accident occurred, considering available space, property owner
complaints or other constraints; and
(2) Decorations, flowers or other memorial ornaments or
tributes may be placed on the right-of-way by family members.
(b) Notwithstanding any provision of the rules to the
contrary, the commissioner may direct or cause the removal of any
memorial marker or tribute from a state highway right-of-way
upon the determination by the commissioner that the
removal is necessary for construction, maintenance, safety or
other purpose. The state of West Virginia, its agencies and
subdivisions, and their officers and employees shall not be liable
for any claims arising as a result of the removal of a marker or
Note: WV Code updated with legislation passed through the 2012 1st Special Session