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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