Political
Signs in Public Rights of Way
Here
people will find a letter from the Supervisor of the Right-of-Way
Maintenance Control section outlining the requirements for placement
of political signs both within and adjacent to public rights-of-way.
To All Candidates for Political Office: The Department would like
to inform all candidates and their co-workers of the present statutory
and regulatory requirements applicable to placement of roadside posters
and signs advertising their candidacy.
Under the provisions of Title 23 M.R.S.A., Section 1913-A and
Department Regulations, political posters and signs may be erected
and maintained as follows:
1. May be erected on private property outside the Right of Way
limits of public ways at any time prior to an election, primary
or referendum, limited in size to a maximum of 50 square feet;
2. May be erected within the Right of Way limits of public ways
no sooner than six(6) weeks prior to an election, primary or referendum
and must be removed no later than one week following the date of
the election, primary or referendum;
3. Prohibited practices: political posters and signs shall not
be erected or maintained on any traffic control signs or devices,
public utility poles or fixtures, upon any trees or painted or
drawn upon rocks or other natural features:
4. No person shall place, maintain or display upon or in view
of any highway any unauthorized sign, signal, marking or device
which purports to be or is an imitation of or resembles an official
traffic-control device, such as a stop sign.
5. Political signs may be displayed to view to all public ways
except for the Interstate Highway system. Title 23, MRSA §1913-A,
paragraph 3 regulations, sub-paragraph 6 interstate system states
that: Signs may not be placed within the limits of any controlled
access highway nor erected within 660 ft. of the nearest edge of
the Interstate Highway System in such a manner that the message
may be read from the Interstate Highway. All signs located at interstate
interchanges are in violation and will be removed.
6. Municipal ordinances advocating stricter control take precedence
over state law.
Traffic safety should be of the utmost consideration in placement
of political signs or posters. Candidates and/or their campaign
workers should take great care not to place signs or posters where
same could create a traffic hazard. For example, signs or posters
should not be placed at or near intersections where they could
obstruct the view of on-coming traffic to the motorist entering
the intersection. Also, signs or posters should not be erected
on or in any manner so as to interfere with the effectiveness of
traffic control devices.
Acceptable display would be those posters or signs affixed to
their own stake or post and set in the ground well outside the
traveled portion of the highway, or, with the owners consent and
permission, attached to a building or dwelling, or displayed on
vehicles or in the windows of business establishment, and in other
like manner.
We realize that most "violations" are the result of
the efforts of ardent co-workers who do not know the law. It is
therefore suggested that this information be passed on to them.
Maine Department of Transportation Maintenance employees will have
instructions to remove all improperly placed or maintained political
posters and signs.
May we please have your full cooperation in our endeavor to prevent
an unsightly, indiscriminate and uncontrolled display of election
campaign posters throughout the state, also to prevent any possible
embarrassment to political candidates.
Sincerely,
Robert Sinclair
Supervisor
Right of Way Maint. Control
WWM:lah
Rev: 3/31/04
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